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Difference between revisions of "Canada’s Legal System"
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===The courts are separate from government=== | ===The courts are separate from government=== | ||
In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers." | In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers." | ||
The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada. | The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada. | ||
When judges make a | When judges make a decision in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases. | ||
===Judges are independent=== | ===Judges are independent=== | ||
In Canada, judges are free to make decisions without interference or influence from any source, including government. | In Canada, judges are free to make decisions without interference or influence from any source, including government. | ||
It is our constitutional right to have our legal issues decided by a fair, independent | It is our constitutional right to have our legal issues decided by a fair, independent decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law, the facts, and the evidence before them. | ||
If a | If a judge felt pressure from the government — or anyone else — to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected. | ||
==Courts in British Columbia== | ==Courts in British Columbia== | ||
In BC there are three levels of court: | In BC there are three levels of court: | ||
*<span class="noglossary">Provincial Court</span> | *<span class="noglossary">Provincial Court</span> | ||
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===<span class="noglossary">Provincial Court</span> of British Columbia=== | ===<span class="noglossary">Provincial Court</span> of British Columbia=== | ||
The Provincial Court is the first level of court. It deals with: | |||
* most cases about criminal law matters | |||
* most types of family cases, including those involving child protection | |||
* civil cases dealing with claims between $5,000 and $35,000 (smaller claims of up to $5,000 are brought to an online '''tribunal''', which is like a court but less formal) | |||
* cases that involve traffic offences | |||
{{PLSStorybox | |||
| image = [[File:ranjit.png|link=]] | |||
| text = “Last year, I loaned $10,000 to a friend to help him buy a used car. He agreed to pay me $150 per month, plus interest, until the loan was paid back. We even wrote this down. It’s been over a year and he hasn’t made any payments. He doesn’t answer my texts or calls. I’m starting a small claims case against him in Provincial Court for the money he owes me.” <br>- Ranjit, Prince George, BC | |||
}} | |||
===BC <span class="noglossary">Supreme Court</span> === | ===BC <span class="noglossary">Supreme Court</span> === | ||
The | The BC Supreme Court has the power to decide most legal cases. It hears: | ||
* serious criminal cases (like murder) | * serious criminal cases (like murder) | ||
* civil cases involving amounts over $35,000 | * civil cases involving amounts over $35,000 | ||
* family cases of all types, including those dealing with | * family cases of all types, including those dealing with divorce or dividing property owned by the family | ||
* appeals of cases from the | * appeals of cases from the Provincial Court | ||
===<span class="noglossary">Court of Appeal</span> for British Columbia=== | ===<span class="noglossary">Court of Appeal</span> for British Columbia=== | ||
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==Federal Courts== | ==Federal Courts== | ||
The | The federal court system is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes. | ||
An | An appeal from the Federal Court goes to the Federal Court of Appeal. | ||
==<span class="noglossary">Supreme Court of Canada</span>== | ==<span class="noglossary">Supreme Court of Canada</span>== | ||
The | The Supreme Court of Canada in Ottawa is the highest court in Canada. It hears appeals from the highest courts in each province and territory. It also hears appeals from the Federal Court of Appeal. Usually, someone has to ask the Supreme Court of Canada for permission to appeal — it’s not automatic. The court will decide if it will hear an appeal. | ||
There is no | There is no appeal from a decision made by the Supreme Court of Canada. | ||
==Tribunals== | ==Tribunals== | ||
'''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints workers in BC bring against their employers. | '''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints that workers in BC bring against their employers. | ||
Tribunals are typically faster and cheaper than courts as a way to resolve disagreements. Similar to a court, at a tribunal | Tribunals are typically faster and cheaper than courts as a way to resolve disagreements. Similar to a court, each side at a tribunal has a chance to present its case, and an independent decision-maker makes a decision. The decision-maker is someone with specialized knowledge. | ||
Here are more examples of issues where you can use a tribunal to resolve your dispute: | Here are more examples of issues where you can use a tribunal to resolve your dispute: | ||
* small claims disputes up to $5,000 | * small claims disputes up to $5,000 | ||
* employment and assistance benefits | * employment and assistance benefits | ||
* human rights claims | * human rights claims | ||
* landlord and tenant matters | * landlord and tenant matters | ||
* | * workers’ compensation benefits | ||
{{Learning about the Law Wikibook Navbox}} | {{Learning about the Law Wikibook Navbox}} | ||
