Question

Q2: Describe the structure of the courts in Canada and illustrate the litigation process rather than to copy from internet

Answer 1

Canada has an elected parliamentary system of government divided among a federal government, 10 provincial governments, and 3 territorial government. The superior power of Canadian law is the Supreme Court of Canada. Supreme Court is divided into two Provincial Court of Appeals and Federal Court of Appeal. Provincial Court of Appeal is again divided into Provincial Superior Courts and Provincial Superior Court is finally divided into Provincial Courts. Likewise, the Federal Court of Appeals is divided into two Federal Courts and the Tax Court of Canada.

Supreme Court of Canada

It is the highest court of Canada which consists of 9 judges, chosen to represent the country's regions. The Supreme Court has the power to review the decision of the lower court, and also the power to pardon.

Superior Courts

  Each province has two types of courts one to hear trials and others to hear appeals. Superior Courts handle all the criminal, divorce, civil cases which are considered as important in society. Trial courts are also known as the Superior Court of Justice in Ontario, Court of Justice in Nunavut. In other provinces, it is called the Supreme Court.

The tax court deals mainly with issues related to taxpayers and government over tax assessments. Court Martial Appeal Court of Canada mainly hears appeals from Military courts which is commonly known as 'court-martial'.

The provinces and territories appoint judges who serve in the courts from the lower tier of the court. These courts have the power to handle the criminal offence cases except the most criminal cases like murder, rape cases which is a threat to the society. These cases heard by the Supreme Court.

The litigation cases are mostly handled by the Supreme Court of Canada. The rule deals with each subject matter of litigation and treats it separately. This litigation process involved two process action and application. Action is a processing which parties exchange their pleadings, produce documents and conduct oral examination for discovery. If it does not work an action ends in trial in the court before judge and the law decide further and take actions. An application on the other hand, the judge itself determine question of law based on affidavit evidences with the live witness giving oral testimony. These are of specific types interpretation of court acts, under business corporations legislation.