the constitution act, 1867, determines how the court system is structured authority is divided...

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The Constitution Act, 1867, determines how the court system is structured Authority is divided between the federal and the provincial governments The federal government is responsible for the Supreme Court of Canada and appointing of judges to superior courts and provincial courts of appeal The provincial and territorial governments administer both civil and criminal law. They appoint judges to provincial courts Copyright 2013 McGraw-Hill Ryerson Ltd. 1 THE STRUCTURE OF THE COURT SYSTEM LO1

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Page 1: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

The Constitution Act, 1867, determines how the court system is structured

Authority is divided between the federal and the provincial governments

The federal government is responsible for the Supreme Court of Canada and appointing of judges to superior courts and provincial courts of appeal

The provincial and territorial governments administer both civil and criminal law. They appoint judges to provincial courts

Copyright 2013 McGraw-Hill Ryerson Ltd. 1

THE STRUCTURE OF THE COURT SYSTEM

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Page 2: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

Copyright 2013 McGraw-Hill Ryerson Ltd. 2

THE COURTS IN THE CRIMINAL JUSTICE SYSTEM

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Page 3: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

Most criminal cases are heard in the provincial and territorial courts

Often referred to as a lower court, all criminal cases in Canada begin here

All accused will make a first appearance at the provincial/territorial court (either in bail court, trial court, or a specialized court – mental health, domestic violence, drug treatment, aboriginal persons, young offenders, superior court, court of appeal)

Copyright 2013 McGraw-Hill Ryerson Ltd. 3

PROVINCIAL/TERRITORIAL COURT

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Page 4: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

The Supreme Court ruling (R. v. Gladue [1999]) mandates that special consideration should be given to Aboriginal persons regarding sentencing

A special court (the Gladue court) has been created to respond to the unique circumstances of Aboriginal persons accused of criminal offences

Copyright 2013 McGraw-Hill Ryerson Ltd. 4

COURTS FOR ABORIGINAL PERSONS

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Page 5: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

Deals with cases that are specified in federal legislation including disputes between provinces, territories and/or the federal government

As well, cases relating to intellectual property, citizenship appeals and federal Crown corporations are managed by the federal courts

Copyright 2013 McGraw-Hill Ryerson Ltd. 5

THE FEDERAL COURTS

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Page 6: The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments

Copyright 2013 McGraw-Hill Ryerson Ltd. 6LO1

The final court of appeal and the highest court in Canada

It hears cases from all areas of law (criminal, constitutional, and civil law)

A case will be heard at the Supreme Court only after all other appeal opportunities have been exhausted

An application for appeal is reviewed by three judges. If granted, it is called a “leave to appeal”

THE SUPREME COURT OF CANADA