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Difference between revisions of "The Court System for Family Matters"
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{{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | {{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | ||
|ChapterEditors = [[Kendra Marks]] and [[Iris Turaglio]] | |ChapterEditors = [[Bob Mostar]] and [[Mark Norton]] | ||
|CoAuthor = [[Kendra Marks]] and [[Iris Turaglio]] | |||
}} | }} | ||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge. | ||
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As the rule of law became more and more important in maintaining a civil society and the law itself became more and more complicated, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them. This was the origin of the Court of Common Pleas, and it marked the start of the English common law as the specially-appointed people, ''judges'', were sent out to tour the country and resolve legal problems on behalf of the king or queen. Eventually, the monarchy got out of the business altogether and left the hearing of petitions entirely to the judges. The English court system became more complex as time went on, and different types of courts, like the Court of Equity, the Court of the Exchequer and the Court of Wards and Liveries, were eventually set up to deal with different kinds of problems. | As the rule of law became more and more important in maintaining a civil society and the law itself became more and more complicated, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them. This was the origin of the Court of Common Pleas, and it marked the start of the English common law as the specially-appointed people, ''judges'', were sent out to tour the country and resolve legal problems on behalf of the king or queen. Eventually, the monarchy got out of the business altogether and left the hearing of petitions entirely to the judges. The English court system became more complex as time went on, and different types of courts, like the Court of Equity, the Court of the Exchequer and the Court of Wards and Liveries, were eventually set up to deal with different kinds of problems. | ||
British Columbia's court system has its roots in English law, which was formally adopted for the mainland Colony of British Columbia on 19 November 1858 by Governor Sir James Douglas, as shown below. Although the colonies of Vancouver Island and British Columbia did not merge until 1866, and ultimately BC joined Confederation in 1871, this early adoption of English law helped shape the legal framework we still rely on today. | |||
[[Image:1858_Proclamation_Gov_Douglas.png|frameless|center|400px|1858 Proclamation of Governor Sir James Douglas]] | [[Image:1858_Proclamation_Gov_Douglas.png|frameless|center|400px|1858 Proclamation of Governor Sir James Douglas]] | ||
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===BC Supreme Court jurisdiction=== | ===BC Supreme Court jurisdiction=== | ||
The BC Supreme Court has the authority to deal with all of the same issues as the Provincial Court and more. The Supreme Court: | The BC Supreme Court has the authority to deal with all of the same issues as the Provincial Court and more. The BC Supreme Court: | ||
*has ''inherent jurisdiction'', which means it can deal with every kind of legal issue, | *has ''inherent jurisdiction'', which means it can deal with every kind of legal issue, | ||
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===Legislation=== | ===Legislation=== | ||
* ''[http://canlii.ca/t/84h8 Court Rules Act]'' | |||
* ''[http://canlii.ca/t/b96x Court of Appeal Act]'' | |||
* [http://canlii.ca/t/bgkw Court of Appeal Rules] | |||
* ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | |||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | |||
* ''[http://canlii.ca/t/849w Provincial Court Act]'' | * ''[http://canlii.ca/t/849w Provincial Court Act]'' | ||
* | * [http://canlii.ca/t/b8rn Provincial Court Family Rules] | ||
* ''[https://canlii.ca/t/8q3k Family Law Act]'' | * ''[https://canlii.ca/t/8q3k Family Law Act]'' | ||
* ''[https://canlii.ca/t/551f9 Divorce Act]'' | * ''[https://canlii.ca/t/551f9 Divorce Act]'' | ||
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===Resources=== | ===Resources=== | ||
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms] | * [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms] | ||
* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions] | * [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions] | ||
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms Supreme Court Family Forms] | * [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms Supreme Court Family Forms] | ||
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions] | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions] | ||
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | ||
* [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Civil_Rules_Forms.aspx BC Court of Appeal Civil Rules Forms] | * [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Civil_Rules_Forms.aspx BC Court of Appeal Civil Rules Forms] | ||
* [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives] | * [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives] | ||
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===Links=== | ===Links=== | ||
* [ | * [https://www.bccourts.ca/ Courts of British Columbia website] | ||
* [ | * [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website] | ||
* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website] | * [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website] | ||
* [https://www. | * [https://www.provincialcourt.bc.ca/ Provincial Court website] | ||
* [http://canlii.org CanLII] | * [http://canlii.org CanLII] | ||
