3,009
edits
Difference between revisions of "Our Court System in a Nutshell"
Jump to navigation
Jump to search
Our Court System in a Nutshell (view source)
Revision as of 19:42, 7 March 2018
, 19:42, 7 March 2018no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 2: | Line 2: | ||
{{Dial-A-Law TOC|expanded = lawyers}} | {{Dial-A-Law TOC|expanded = lawyers}} | ||
This script explains our court system and other ways to solve legal disputes instead of going to court. These other ways are called “alternative dispute resolution” or ADR. | |||
=Our Court System= | =Our Court System= | ||
| Line 27: | Line 27: | ||
It deals with family problems like maintenance for spouses, child support, custody and access, as well as some criminal cases involving families, like spousal abuse. This court also hears young offender cases involving youth aged 12 to 17. Check script [[Family Court (Script 110)|110]] for more information. | It deals with family problems like maintenance for spouses, child support, custody and access, as well as some criminal cases involving families, like spousal abuse. This court also hears young offender cases involving youth aged 12 to 17. Check script [[Family Court (Script 110)|110]] for more information. | ||
==Small Claims Court deals with civil cases | ==Small Claims Court deals with civil cases between $5,000 and $35,000 == | ||
In these cases, someone sues someone else for money. People don't need a lawyer in this court; for example, all the forms are in plain language. For more information, check scripts [[What is Small Claims Court? (Script 165)|165]], [[Suing Someone in Small Claims Court (Script 166)|166]], [[Being Sued in Small Claims Court (Script 167)|167]], [[Going to Trial in Small Claims Court (Script 168)|168]] and [[Getting Your Judgment Paid (Script 169)|169]]. | In these cases, someone sues someone else for money. People don't need a lawyer in this court; for example, all the forms are in plain language. For more information, check scripts [[What is Small Claims Court? (Script 165)|165]], [[Suing Someone in Small Claims Court (Script 166)|166]], [[Being Sued in Small Claims Court (Script 167)|167]], [[Going to Trial in Small Claims Court (Script 168)|168]] and [[Getting Your Judgment Paid (Script 169)|169]]. Claims of $5,000 and less are dealt with by the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. | ||
==Traffic Court handles traffic and some other offences== | ==Traffic Court handles traffic and some other offences== | ||
| Line 36: | Line 36: | ||
Supreme Court handles both criminal and civil cases. The most serious criminal trials, for murder and treason, are heard in this court, not in Provincial Court. Other serious criminal cases involving drugs, rape and attempted murder are usually tried here too. For civil cases, Supreme Court hears cases for more than $25,000 and some cases for less than that. For example, the law requires some types of cases, such as builders’ liens and divorce, to be handled in Supreme Court. | Supreme Court handles both criminal and civil cases. The most serious criminal trials, for murder and treason, are heard in this court, not in Provincial Court. Other serious criminal cases involving drugs, rape and attempted murder are usually tried here too. For civil cases, Supreme Court hears cases for more than $25,000 and some cases for less than that. For example, the law requires some types of cases, such as builders’ liens and divorce, to be handled in Supreme Court. | ||
Both criminal and civil trials can be in front of a judge, or a judge and jury. BC has several Supreme Court “resident” judges. These judges also travel to other places throughout BC to hold trials. Cases in Supreme Court are usually complicated so most people use lawyers, but they don’t have to. | Both criminal and civil trials can be in front of a judge, or a judge and jury. BC has several Supreme Court “resident” judges. These judges also travel to other places throughout BC to hold trials. Cases in Supreme Court are usually complicated, so most people use lawyers, but they don’t have to. | ||
BC Supreme Court also hears appeals of some Provincial Court decisions. | BC Supreme Court also hears appeals of some Provincial Court decisions. | ||
==The BC Court of Appeal== | ==The BC Court of Appeal== | ||
The [http://www.courts.gov.bc.ca/Court_of_Appeal/ BC Court of Appeal] is the highest court in BC. It doesn't hold trials. The Court of Appeal reviews decisions of trial courts if any of the people in a case disagree with the decision and appeal it. It hears appeals of civil and criminal cases from the BC Supreme Court | The [http://www.courts.gov.bc.ca/Court_of_Appeal/ BC Court of Appeal] is the highest court in BC. It doesn't hold trials. The Court of Appeal reviews decisions of trial courts if any of the people in a case disagree with the decision and appeal it. It hears appeals of civil and criminal cases from the BC Supreme Court and appeals of some criminal cases from Provincial Court. The Court of Appeal is in Vancouver, but it also travels to Victoria, Kamloops, and Kelowna to hear cases. | ||
==The federal courts== | ==The federal courts== | ||
| Line 50: | Line 50: | ||
==The Supreme Court of Canada is the highest appeal court== | ==The Supreme Court of Canada is the highest appeal court== | ||
Based in Ottawa, the Supreme Court of Canada hears appeals from decisions of the BC Court of Appeal, from the appeal courts of other provinces, and from the Federal Court of Appeal. Usually, the Supreme Court must agree to hear an | Based in Ottawa, the Supreme Court of Canada hears appeals from decisions of the BC Court of Appeal, from the appeal courts of other provinces, and from the Federal Court of Appeal. Usually, the Supreme Court must agree to hear an appeal—and it doesn't agree to hear every appeal that people request. In some cases, the right to appeal is automatic. Until recently, people often had to go to the court in Ottawa, but now the court hears some appeals by a live video link to a court in Vancouver. | ||
==Courts are normally open to the public== | ==Courts are normally open to the public== | ||
All courtrooms are normally open to the public, so you can attend and watch. You can walk in and no one will ask you what you’re doing, | All courtrooms are normally open to the public, so you can attend and watch. You can walk in and no one will ask you what you’re doing, if you’re quiet and don't disturb the proceeding. Some high profile trials (such as gang and biker trials and the Air India trial) are not completely open to the public. They have intense screening of anyone who wants to attend. | ||
| Line 70: | Line 70: | ||
Courts are often slow and expensive. They’re not always the best place to solve a dispute. Going to court can often end up costing more than the dispute is worth. And going to court may not work if you need a quick solution. Also, court proceedings are open to the public, while ADR is private. | Courts are often slow and expensive. They’re not always the best place to solve a dispute. Going to court can often end up costing more than the dispute is worth. And going to court may not work if you need a quick solution. Also, court proceedings are open to the public, while ADR is private. | ||
Even if you go to court, you can still try ADR in most cases. After a lawsuit has started, lawyers often negotiate settlements for their clients so they don’t have to go to trial. Or your lawyer might recommend you try mediation or arbitration before going further with a lawsuit. | Even if you go to court, you can still try ADR in most cases. After a lawsuit has started, lawyers often negotiate settlements for their clients, so they don’t have to go to trial. Or your lawyer might recommend you try mediation or arbitration before going further with a lawsuit. | ||
==How does negotiation work?== | ==How does negotiation work?== | ||
Negotiation involves reaching an agreement with another person—you both work out a solution together that fits both of your interests. Negotiation happens every day. It’s probably something you often do, perhaps without even realizing it. If you try to negotiate a legal dispute without a lawyer, you should both sign an agreement first that says your negotiations are “without prejudice” to your legal rights—meaning that your discussions won’t be used against either person if one of you decides to go to court. | Negotiation involves reaching an agreement with another person—you both work out a solution together that fits both of your interests. Negotiation happens every day. It’s probably something you often do, perhaps without even realizing it. If you try to negotiate a legal dispute without a lawyer, you should both sign an agreement first that says your negotiations are “without prejudice” to your legal rights—meaning that your discussions won’t be used against either person if one of you decides to go to court. | ||
A lawyer or counselor may be able to help you negotiate an agreement. But a negotiator represents only one side of the dispute, and acts only for that side | A lawyer or counselor may be able to help you negotiate an agreement. But a negotiator represents only one side of the dispute, and acts only for that side. | ||
==How does collaboration work?== | ==How does collaboration work?== | ||
| Line 94: | Line 94: | ||
==How does arbitration work?== | ==How does arbitration work?== | ||
Arbitration is more formal than mediation, but less formal than court. An arbitrator (a neutral person or a panel of them) listens to the evidence you each present and then | Arbitration is more formal than mediation, but less formal than court. An arbitrator (a neutral person or a panel of them) listens to the evidence you each present and then decides. You and the other person agree in advance on the rules for the arbitration process. You can both agree on a process that will allow the arbitrator to reach a decision on a limited budget. | ||
Arbitration works well for commercial and business disputes. An arbitrator is often experienced with the type of dispute you have. They may be an expert on the subject. | Arbitration works well for commercial and business disputes. An arbitrator is often experienced with the type of dispute you have. They may be an expert on the subject. | ||
Before arbitration begins, you and the other person must decide if you can still go to court if you don’t like the arbitrator’s decision. This may depend on the law that applies to your | Before arbitration begins, you and the other person must decide if you can still go to court if you don’t like the arbitrator’s decision. This may depend on the law that applies to your problem. Usually, you cannot go to court later if you’re unhappy with the arbitration result. | ||
==Where can you find a mediator or arbitrator?== | ==Where can you find a mediator or arbitrator?== | ||
| Line 104: | Line 104: | ||
*For collaborative lawyers, see: | *For collaborative lawyers, see: | ||
**[http://www.collaborativedivorcebc.com/ Collaborative Divorce Vancouver] | |||
**[http://www.nocourt.net/ The Collaborative Association] (outside Vancouver) | |||
**[http://www.collaborativefamilylawgroup.com/ Collaborative Family Separation Professionals] (in Victoria) | |||
*The '''[http://www.amibc.org/ BC Arbitration and Mediation Institute]''' can direct you to a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. Its phone number is 604.736.6614 in Vancouver and 1.877.332.2264 elsewhere in BC. | *The '''[http://www.amibc.org/ BC Arbitration and Mediation Institute]''' can direct you to a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. Its phone number is 604.736.6614 in Vancouver and 1.877.332.2264 elsewhere in BC. | ||
| Line 114: | Line 114: | ||
*The '''[http://www.mediatebc.com/ Mediate BC Society]''' has a list of mediators. Its numbers are 604.684.1300 in Vancouver or 1.877.656.1300 elsewhere in BC. | *The '''[http://www.mediatebc.com/ Mediate BC Society]''' has a list of mediators. Its numbers are 604.684.1300 in Vancouver or 1.877.656.1300 elsewhere in BC. | ||
*Call the '''Lawyer Referral Service''', operated by the BC Branch of the Canadian Bar Association, for a lawyer experienced in alternative dispute resolution. Call 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC. | *Call the '''[https://www.cbabc.org/For-the-Public/Lawyer-Referral-Service Lawyer Referral Service]''', operated by the BC Branch of the Canadian Bar Association, for a lawyer experienced in alternative dispute resolution. Call 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC. | ||
*Organizations related to a specific business, product or service may also offer ADR. For example, the [http://www.camvap.ca/ Canadian Motor Vehicle Arbitration Plan] has an arbitration program for disputes between consumers and vehicle manufacturers about alleged manufacturing defects or new vehicle warranties. If you have a complaint involving a business, the [http://www.mbc.bbb.org/ Better Business Bureau] offers both mediation and arbitration. The [http://www.amibc.org/ BC Arbitration and Mediation Institute] has a new program specifically for resolving strata bylaw disputes through mediation. | *Organizations related to a specific business, product or service may also offer ADR. For example, the [http://www.camvap.ca/ Canadian Motor Vehicle Arbitration Plan] has an arbitration program for disputes between consumers and vehicle manufacturers about alleged manufacturing defects or new vehicle warranties. If you have a complaint involving a business, the [http://www.mbc.bbb.org/ Better Business Bureau] offers both mediation and arbitration. The [http://www.amibc.org/ BC Arbitration and Mediation Institute] has a new program specifically for resolving strata bylaw disputes through mediation. | ||
==More information== | ==More information== | ||
*For more on the court system, contact the [http://www.lawcourtsed.ca/ | *For more on the court system, contact the [http://www.lawcourtsed.ca/ Law Court Education Society]. It has offices throughout BC. The Vancouver phone number is 604.660.9870. Also, see [https://justice.gov.bc.ca/cso/index.do Court Services Online]. | ||
*For more on ADR, check the [ | *For more on ADR, check the BC government’s [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/justice-services/dispute-resolution-office Dispute Resolution Office]. | ||
[updated | |||
[updated March 2018] | |||
'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.''' | '''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.''' | ||