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Unformatted text preview: I DISPUTE RESOLUTION A) COURT SYSTEMS AND PROCEDURES Page 29- 45 The System of Courts in Canada: Provinces have jurisdiction over police force and the system of courts; and federal jurisdiction covers trade and commerce, banking, bankruptcy, and criminal law Exclusive right to appoint and pay court judges; judges can be removed only by a vote taken before the House of Commons and the Senate, in order to keep judges immune from local political pressures Three tiers of court: o Courts of First Instance/Trial Division o Intermediate Provincial Court of Appeal o The Supreme Court of Canada (the final appeal court) Supreme Court Of Canada Provincial Court Of Appeal Federal Court of Appeal Superior Courts of First Instance Federal Court Trial Division Tax Court Inferior Courts of First Instance The Provincial Court System The Courts of First Instance: Topic of the dispute determines which trial court is used Two trial courts: inferior created by provincial legislation and superior with federally appointed judges (inferior trial court judgements are appealed to the superior trial court) Inferior Trial Courts: Small Claims Court- private disputes for smaller amounts of money; most simple and informal consumer and client disputes. Provincial Division- very little private law; mostly criminal cases that exclude murder, treason, sexual assault, and manslaughter. No jury, but a criminal offence with a sentence of more than 5 years, has the right to a jury. Superior Trial Courts : Surrogate Court/Probate Court- supervises the estate of deceased persons, will and division of assets. General Division or Superior Court- unlimited jurisdiction in civil and criminal actions. Intermediate Appellate Court: The Court of Appeal- all matters arising in the courts of first instance are appealed to the Provincial Court of Appeal. The Federal Courts Supreme Court of Canada- final court of appeal both from provincial and federal level. Courts of First Instance : Tax Court of Canada- appeals of tax payers against the assessment by the Canada Customs and Revenue Agency. The Federal Court of Canada- two divisions: Trial Division and Appeal Division. Exclusive jurisdiction over disputes concerning ships and navigation, and lawsuits against the federal government itself. Intermediate Level Appeal- hears appeal from the Federal Tax Court and the Federal Court of Canada trial Division. International Issue : US states have more autonomy. Example, postal matters, federal banking, maritime, criminal law is a state jurisdiction unless it concerns national defence, or offence committed in more than one state. Canadian judges are appointed for life, while US state judges are often elected for a certain term thus tempted to make popular decisions to win re-election....
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This note was uploaded on 12/24/2010 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at The University of British Columbia.
- Spring '10