Background & purpose of the system 1 basic institutions, processes, and players 3
BASIC INSTITUTIONS, PROCESSES, AND PLAYERS
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- Each province has two branches of courts: Superior and Inferior courts of justice → SEE CHARTS
BASIC INSTITUTIONS, PROCESSES, AND PLAYERS*Setting the landscape: Legislation that brings the process alive, menu of options available beyond the courts Issues to Consider This class starts to look at questions of “where?” Distinguish between international and domestic processes, laws and norms Structure of Canadian court and dispute resolution system(s) Distinguish between court, administrative and other processes Specialized courts Overview of litigation process InstitutionsConstitutional background: Constitution Act, 1867 s.92(14): “Administration of Justice Power” – Each province must set up courts to deal with civil and criminal matters, and must set up the process that governs civil procedure s.101: Parliament can set up appeal courts like the SCC to administer federal law s.96-100: Judges Various forms of enabling legislation that animate the above constitutional hook Courts of Justice Act: Statutory Authority for the different jurisdictions of Ontario Courts. Rules of Civil Procedure: Regulations made pursuant to the Courts of Justice Act which provide the civil procedure and line items as to the general procedure of matters in the Court System Law Society Act: Provides the authority for the Law Society of Ontario Rules of Professional Conduct: Regulations that guide lawyers underneath the statute; determined by the Law Society of Ontario Supreme Court Act: Provides the authority for the Supreme Court of Canada and Provincial Courts of Appeals Federal Courts Act: Provides the authority for the Federal Courts Arbitration Act: Provides the authority for arbitration, setting out both the default and mandatory provisions for the conduct of arbitrations. Each province has two branches of courts: Superior and Inferior courts of justice → SEE CHARTSTwo divisions of the Court of Ontario: Superior Court of Justice and Ontario Court of Justice (CJA s.10) Superior Court has “inherent and plenary jurisdiction” – if there is a right, there should be a remedy. Enjoys “general jurisdiction” over all civil, criminal, and family matters pursuant to s. 11 of the CJA, unless it has been taken away by statute which explicitly awards jurisdiction to an inferior court. Populated by superior court judges, which as per s.96 are federally appointed Superior Court has many different components: Small Claims Court: All matters where the value/damages are under $25k and if these matters relate to certain items. *there are some items the Small Claims court will not deal with under the CJA Family Law Court: Thematic part of the Superior Court of Justice; dictated by the CJA Masters: Decision makers that deal with specific kinds of motions e.g. for other side to produce docs Divisional Court: Part of the Superior Court of Justice, see CJA s.10 Hybrid court that assists with workload; internal appellate court before CoA. Due to its legally “quirky” nature, it is dictates by statute which matters go here (assume that if otherwise noted, appeals are directed to the Court of Appeal). Biggest job is judicial review of admin tribunal decisions Special Courts: Family Court, Commercial List, Estates Court Ontario Court of Justice has mere statutory jurisdiction: deals with any function assigned to it by or under Provincial Offenses Act, Family law Act, Children’s Law Reform Act, and, the Child, Youth, and Family Services act, or any other act pursuant to s.38 of the CJA Court of Appeal (CJA, s.6) Judges of the Court of Appeal are S.96 judges whom take their appellate jurisdiction directly from the Superior Court and indirectly from the Ontario Court of Justice. As per Supreme Court Act, SCC is the only higher court – last court of law in ON Administrative Tribunals: Specialized tribunal boards whom specialize in certain areas of statute and are used to solve disputes over such statutes (Criminal Injury Compensation, Disability Benefits etc.) Federal Tribunals Statutory Court as per S.101 of the Constitution Act Tax Courts, Military Courts etc. are all parts of the Federal Court. Immigration and Refugee Tribunals are also part of the Federal Courts system. ADR (Alternative Dispute Resolution): Simply alternative resolutions for dealing with disputes outside the official Court process. Less than 7% of matters go to courts and tribunals Admin Tribunals: Statutory jurisdiction from various prov. / fed. statutes; various prov. / fed. statutory appeal (“judicial review”) routes. Download 217.64 Kb. Share with your friends:
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