Canadian Courts

Part of my free law school resources.

Civil disputes

The defendant engages in an action that displeases the plaintiff. For instance, the defendant may have breached a contract, leaving the plaintiff dissatisfied.

1. The plaintiff decides which court to sue in.
   • Most civil lawsuits (contract, tort, property, family law and so on) are heard in the province’s superior court (in BC, the Supreme Court of British Columbia). Superior courts have inherent jurisdiction, so they can hear any matter that is not assigned exclusively to another court.
   • Smaller claims usually go to a provincial court’s small claims division or, in some provinces, a tribunal. The monetary limits vary by province.
   • The Federal Court has limited jurisdiction set by federal statute: matters such as immigration, intellectual property, admiralty, claims against the federal Crown, and judicial review of federal boards and tribunals. Unlike in the U.S., the parties being from different provinces does not send a case to federal court.
2. The plaintiff initiates the lawsuit by filing a Statement of Claim (in BC, a Notice of Civil Claim) in the appropriate court. After filing, the plaintiff has a set period to serve it on the defendant.
3. The defendant then files a Statement of Defence (in BC, a Response to Civil Claim). They can admit, deny, or state they lack the knowledge to respond to the allegations in the claim.
4. Discovery begins. Canada has a fairly open discovery process.
   • During discovery, both parties exchange relevant documents and may conduct examinations for discovery (similar to depositions in the U.S.).
   • Applications or motions may be brought during this process to resolve procedural or interim issues.
5. If the case does not settle, it proceeds to trial. Most cases settle before reaching this stage.
   • The trial can be heard by a judge and jury, or by a judge alone (a judge-alone trial).
   • Both sides can call witnesses to testify under oath.
   • The burden of proof is generally on the plaintiff to prove their case on a balance of probabilities.
6. A verdict is reached by the jury or a decision is made by the judge.
   • The court may issue reasons for judgment.
   • Courts often cite precedent, and lower courts are bound by the decisions of higher courts.
   • Sources of law include the Constitution, case law (common law), and statutes.
7. The dissatisfied party can appeal the decision.
   • Highest court: Supreme Court of Canada (9 justices). It hears most appeals only with its permission, called leave to appeal.
   • Appeal courts: each province and territory has its own Court of Appeal.
   • Trial courts: provincial and territorial courts, and superior courts (usually 1 judge).
8. The appeal court reviews the case, usually as a panel of judges.
9. The appeal court allows or dismisses the appeal. If it allows the appeal, it may substitute its own decision or order a new trial.
10. The appeal court issues written reasons, which may include majority reasons, concurring reasons, and dissenting reasons.

Criminal Justice System

1. A person is suspected of committing an offence and is arrested by the police, or is otherwise required to attend court.
2. Charges are laid against the accused. In some provinces, including BC, Crown counsel must approve the charges first.
   • The charges can be for an indictable offence or a summary conviction offence, which are roughly comparable to felonies and misdemeanours in the U.S., respectively. Many offences are hybrid, meaning the Crown chooses which way to proceed.
   • Most criminal cases are heard in provincial court, though some serious indictable offences are tried in superior court.
3. The Crown prosecutor must prove the elements of the offence beyond a reasonable doubt.
   • This is a higher standard than in civil cases because the stakes often involve more than just monetary loss.
   • Virtually every crime includes:
     • A prohibited act (actus reus)
     • A culpable mental state (mens rea)
4. In many cases, the accused may enter into a plea agreement with the Crown prosecutor.
   • This avoids the need for a trial and usually results in a lesser sentence or reduced charges.
5. Alternatively, the case proceeds to trial, where the accused will either be convicted or acquitted.