The Superior Court also has some appellate jurisdiction under various statutes. This is known as the "principle of territoriality". [1] The accused is required to be present for all indictable matters. The Provincial Court also has jurisdiction over all offences under provincial and federal legislation not considered criminal offences. The Divisional Court is an appellate branch of the Superior Court. It has been observed that criminal law, in contrast with civil law, is "highly territorial" and that countries should not "enforce the criminal law of other countries". [2] The accused must be present at trial so as to hear the case against them. "Jurisdiction" refers to the legal authority or power of the court over the subject matter, time and location, the persons connected to the proceeding.
The Small Claims Court branch of the Superior Court of Justice is an extraordinarily busy court in Ontario, handling nearly half of all civil claims in the province.
Canada's Court System. This page was last edited on 21 March 2020, at 12:58. National Coverage. However, the Superior Court generally only tries the most serious criminal offences. Action Committee on Court Operations in Response to COVID-19 New; Impact of COVID-19 on Canada’s Court System New; Enhancing the Bilingual Capacity of the Superior Court Judiciary - Action Plan; How Does Canada’s Court System Work? Both courts preside over child and spousal support and child custody and access; however, under federal law, the Superior Court has sole jurisdiction in all cases involving divorce and the division of property. A Superior Court has "inherent jurisdiction" that is derived from s. 96 of the Constitution Act, 1867. This is particularly advantageous for dealing with the exchange of duties among judges when the need arises, as well when the transfer of cases from one district to another is required. The Superior Court also hears appeals from summary conviction cases heard in the Ontario Court of Justice. ), MacMillan Bloedel v. Simpson Ltd, [1995] SCR 725, See McMillan Bloedel v Simpson Ltd. [1995] 4 SCR 725, R. v. Rose, [1998] 3 SCR 262; R. v. Pilarinos (2001) 158 CCC 1 (BCSC), R. v. Doyle, [1977] 1 SCR 597; R. v. SJL (2002), 163 CCC (3d) 560 (BCCA), R v Doyle [1977] 1 SCR 597
Jurisdiction is intimately tied with the state based on a geographic region or territory. In terms of legal jurisdiction exercised, since 1949 and the advent of Confederation, the Provincial Court is the Court of first instance for all criminal cases involving adult offenders, meaning that everyone charged with a criminal offence must pass through the Provincial Court even if they end up being tried in the Supreme Court. [3] This would include trial matters by way of an ex parte motion. Jurisdiction is intimately tied with the state based on a geographic region or territory. [2], Section 468 of the Criminal Code, provides authority over indictable offences unless the Province of the particular Superior Court lacks a real and substantial connection to the offence itself. Approximately 45% of all civil cases heard in Ontario are commenced in the Small Claims Court. In Nunavut, the Nunavut Court of Justice, which is Canada’s only single-level trial court, combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory. In 1999, the project expanded to include 12 more sites: Bracebridge, Cobourg, Lindsay, Newmarket, Oshawa, and Peterborough (Central East Region), Brockville, Cornwall, L’Orignal, Ottawa, and Perth (East Region), and St. Catharines (Central South Region). This is often referred to as territorial jurisdiction and legal jurisdiction. "Jurisdiction" generally refers to the legal authority or power of the court to decide an issue. In addition, the Divisional Court hears some family and civil appeals. [1] This date is set as of the date of the offence. [1] However, the “core powers” of the superior court cannot be removed by statute without violating s.96 of the Constitution Act 1867. Since family law involves both federal and provincial statutes, jurisdiction over family proceedings in Ontario is divided between the Superior Court of Justice and the Ontario Court of Justice in most court locations. The Small Claims Court Administrative Judge may also hear Small Claims Court proceedings pursuant to s. 24(2) of the Courts of Justice Act. This is also referred to as “original and plenary jurisdiction”. [1] This authory generally allows judges sitting in any part of the province. The Court has the power to try any indictable offence under the Criminal Code of Canada. The accused may appoint counsel to represent them for any proceedings under the Criminal Code by filing a designation of counsel pursuant to s. 650.01(1). Provincial/territorial courts deal with: 1. most criminal offences, except the most serious ones; 2. family law matters (e.g., child support, child protection, adop… This website is maintained by the Judges Library. In those days the concept of territorial jurisdiction was aptly represented by the word "bailiwick". At any Family Court site, all family matters are heard, including divorce, division of property, child and spousal support, child custody and access, child protection, and adoption. This "inherent jurisdiction" also provides power to control the judicial process and to remedy unfairness. Orders of the Court are binding in every province and territory, … This means that the Superior Court has jurisdiction over all civil and criminal matters unless expressly removed by statute.
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