Canadian Courts and Categories of Law

CLU3M

Mr. Menla

Jurisdiction over the court system is divided between federal and provincial governmentsJurisdiction: It is the political or legal authority to

pass and enforce laws, or judicial authority to decide on a case (Def.)

The provinces organize and maintain their provincial courts (providing courthouses and court staff)

The federal government is required to:1. Control criminal law and establishes procedures

to be followed in criminal matters2. Controls the Court of Appeal for Canada and the

Federal Court

Our Criminal Court System

Supreme Court of Canada: It is highest appeals court in nation. It also deals with constitutional questions referred to it by Fed. Gov. (Def.)

It consists of 9 judges All are appointed by Fed. Gov.By law, 3 of Judges must come from QuebecBy tradition, 3 from Ontario, 2 from Western Canada, 1 from

Atlantic ProvinceCourt sits in Ottawa for 3 sessions a year: Winter,

Spring and FallTeleconferencing can now be used to hear

presentations from other part of CanadaIt is strictly an Appeals Court, it has no trial

divisionIt can hear appeals of decisions made by:

Different Prov. CourtsFederal Court of Appeal

Supreme Court of Canada

Generally speaking, it is difficult to move a case to Supreme Court, due to high volume of cases in system

Leave: Permission to appeal a case from a lower court to a higher court (Def.)

When appealing to Supreme Court, cases are heard by a panel of 5, 7 or 9 Justices

Supreme Court grants Leave, only for: Matters of national significance Decisions conflict in Prov. appeals court

Fed. Gov. may ask Supreme Court to provide advice or to rule on specific questions relating to Constitutional issues or other Fed. matters I.e. In 1996, following 1995 Quebec Referendum, Fed. Gov. asked

Supreme Court to rule on whether Quebec could legally secede from Canada

In 1998, Court unanimously decided that secession is legal, but ONLY after negotiations take place with rest of Canada to amend in Constitution

Supreme Court of Canada (Cont’d)

Constitutional LawConstitutional Law: It is a body of law dealing with

the distribution and exercise of government powers (Def.)

It determines the structure of fed. Gov’t and divides law-making powers between fed. and prov. Gov’t

It is the 3rd source of Canadian Law and refers to the Canadian Charter of Rights and Freedom

It limits powers of gov’t by setting out certain basic laws, principles and standards that all other laws (Common and Statute) must adhere to

If any law that is passed or found to be in violation of Constitution, it may then be struck down by the courts on the grounds that is it unconstitutional

There are various categories in law that are needed in order to provide distinctions that help to clarify and organize a complex body of laws

Broad categories of law include:A. InternationalB.DomesticC. SubstantiveD.ProceduralE. PublicF. Private Law

Categories of Law

Categories of Law

International Law: It is a law that governs relations between independent nations (Def.)

It is generally created by custom through consistent and general practice among states as well as the acceptance of this practice as law by international community

Nations that sign treaties or international agreements are required to follow them as binding laws: E.g. Canada is part of Extradition Treaties (sending war criminals to the

required courts War Crimes Tribunal in The Hague, The Netherlands), Free Trade Agreements (NAFTA, APEC) and Defence Treaties (NATO, NORAD)

Canada led the Ottawa Treaty, which banned the usage of landmines during any state of war from March 1st, 1999. 122 nations have signed on to this agreement (USA, Russia, China, India, Iran and Pakistan have not signed on)

International Organizations also have legal statusThese organizations can help develop laws and establish courts to

settle disputes E.g. United Nation (UN) and International Court of Justice (ICJ)

The ICJ hears disputes between individuals and their governmentsE.g.: Rwanda Massacre and ethnic Violence in former Yugoslavia

International Law

A major difference between international and laws and domestic laws is the ability to enforce them equally1. In most cases, other nations cannot force others

to sign on, or abide by treaties they have agreed to respect• E.g. 1: Iran with regards to developing nuclear

projects• E.g. 2: The U.S. is still violating Anti-Torture Treaty

it has signed over 20 years ago2. There is no “international police” force that

exists that has the authority to enforce an international system of law

Flaws of International Law

Domestic Law: It is a law that governs activity within a nation’s own borders (Def.)

It includes both case and statute lawsIt is divided into both, Substantive and Procedural

LawCanadians who break the law abroad, aren’t

necessary eligible for protection, as Canada can’t exert its domestic laws and influence abroad

Depending on the nation, this is usually enforced through a:Constitution (Charter of Rights in Canada, Bill of

Rights in USA etc.)Monarchy (Morocco, Kuwait, Brunei, Nepal etc.)

Domestic Law

HomeworkSupreme Court says no to Saguenay prayer

(Video)

Ottawa Treaty (Video)Law in ActionPg. 39 – Q. 1-3Pg. 41 – Q. 1-3