The judicial structure

On this page

• How the courts are organized
• Federal courts
• Provincial and territorial level courts
• Administrative boards and tribunals

How the courts are organized

The federal and provincial and territorial governments are all responsible for the judicial system in Canada.

Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces. Parliament can also establish a general court of appeal and other courts. It has created the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, the Court Martial Appeal Court of Canada, as well as the Tax Court.

Parliament also has exclusive authority over the procedure in courts that try criminal cases. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country.

The provinces and territories administer justice in their jurisdictions. This includes organizing and maintaining the civil and criminal provincial and territorial courts and civil procedure in those courts. The provinces and territories are also responsible for appointing and paying judges of the lower-level provincial and territorial courts.

Outline of Canada's Court System

Outline of Canada's Court System – Text version

This chart provides an overview of the hierarchy of Canada's Court System. It is arranged as follows:

Courts

• Supreme Court of Canada
  • Court Martial Appeal Court
    • Military Courts
  • Provincial/Territorial Courts of Appeals
    • Provincial/Territorial Superior Courts
      • Provincial/Territorial Courts
  • Federal Court of Appeal
    • Federal Court
    • Tax Court of Canada

Administrative Boards and Tribunals

• Provincial/Territorial Administrative Tribunals
• Federal Administrative Tribunals

Federal courts

The Supreme Court of Canada is Canada's final court of appeal. Its nine judges come from the four major regions of the country. Three of them must be from Quebec, to adequately represent the civil law system.

The Supreme Court has two main functions.

• It hears appeals from decisions of the appeal courts in all the provinces and territories, as well as from the Federal Court of Appeal. Supreme Court judgments are final.
• It decides important questions about the Constitution and controversial or complicated areas of private and public law. The government can also ask the Supreme Court for its opinion on important legal questions.

The federal government also established the Federal Court, the Tax Court of Canada, the Court Martial Appeal Court of Canada and the Federal Court of Appeal.

The Federal Court specializes in areas such as intellectual property, maritime law, federal–provincial disputes, and civil cases related to terrorism.

The Tax Court of Canada specializes in hearing appeals from tax assessments.

The Federal Court of Appeal reviews the decisions of both these courts.

Provincial and territorial level courts

The court system is roughly the same across Canada. Each province has three levels: provincial and territorial, or lower, courts; superior courts; and appeal courts. The Nunavut Court of Justice is an exception, with a single-level trial court.

Provincial and territorial courts

Provincial and territorial courts try most criminal offences, money matters and family matters. In private-law cases involving breach of contract or other claims of harm, the courts apply common-law principles in nine provinces and the territories. In Quebec, courts apply the Quebec Civil Code.

Provincial and territorial courts may also include specialized courts, such as youth courts and small claims courts. Each provincial and territorial government appoints the judges for its own courts. The federal government has no role in the appointment of these judges.

Provincial and territorial courts are not limited to deciding cases under provincial laws. These courts regularly decide matters under federal and constitutional law, including the Canadian Charter of Rights and Freedoms.

Superior courts

Superior courts are the highest level of courts in a province or territory. They deal with the most serious criminal and civil cases and have the power to review the decisions of the provincial and territorial courts. They play a key role in the development of federal, provincial and constitutional law.

Superior courts are divided into two levels: trial level and appeal level.

• The trial-level courts hear civil and criminal cases. They may be called the Supreme Court, the Court of King's Bench, or the Superior Court of Justice.
• The appeal-level courts, or Courts of Appeal, hear civil and criminal appeals from the superior trial courts listed above.

Although the provinces and territories administer superior courts, the federal government appoints and pays the judges. This is a distinctly Canadian constitutional arrangement that balances provincial autonomy with a unified national system. It reflects a vision of Canada as a country built on cooperation between the federal government and the provinces.

Superior court appointments are informed by Judicial Advisory Committees which are composed of members representing the provincial or territorial judiciary, the provincial or territorial government, the provincial or territorial legal community and the general public.

Administrative boards and tribunals

There are other kinds of disputes that do not need to be dealt with in the courts. Different kinds of administrative tribunals and boards deal with disputes over the interpretation and application of laws and regulations, such as entitlement to employment insurance or disability benefits, refugee claims, and human rights.

Administrative tribunals are less formal than courts and are not part of the court system. However, they play an essential role in resolving disputes in Canadian society. Decisions of administrative tribunals may be reviewed in court to ensure that tribunals act fairly and according to the law.