The Court Structure of Ontario
There are approximately 750 judges across Canada. Section 94(1) of the Constitution Act, 1867 gives the provinces jurisdiction over the administration of justice, including the constitution, organization, and maintenance of both civil and criminal courts but does not include the appointment of judges to all provincial courts. While provincial and small claims courts judges are appointed by the province, all provincial and territorial superior court judges are appointed by the federal government. The federal government also appoints judges to the Supreme Court of Canada and Federal Court of Canada.
The Supreme Court of Canada- 9 Justices - (3-Ontario, 3-Quebec, 2-West, 1-Atlantic)
- located in Ottawa
- Cannot go the Supreme Court unless you have already appealed to the highest courts of the province.
- Appeal can be denied (even to be listened to).
- Hears cases involved with doubtful points of law or problems of national importance.
- Has its own trial and appeal court
- federal cases e.g. income tax appeal
Court of Appeal for Ontario
- composed of 22 judges, 3 judges listen per appeal (a 1 or 5 judge panel are also used) appointed federally
- hear civil and criminal appeals
Superior Court of Justice
- approximately 265 judges appointed federally
- subdivided into 8 geographic regions
- has jurisdiction in specific areas:
Divisional Court
- reviews gov’t agency or board decisions e.g. school boards, police commissions, landlord/tenant
- conducted by 1 or panel of 3 judges
- hears appeals from cases heard in the Ontario Court of Justice involving $25,000 or less
- Deals with divorce, separation, custody, support and property issues
- deals with the resolution of civil disputes involving less than $6,000
- Trials court: Criminal and civil trials heard by single judge or a judge and jury
- Motions or Weekly Court: single judge reviews injunctions and appeals. Does not conduct trials
Ontario Court of Justice
- approximately 250 judges appointed provincially
- subdivided into 7 geographic regions
Criminal
- Trials & preliminary hearings
- All summary conviction offences or Hybrid treated as summary
- Specific indictable:theft, fraud, possession of stolen property.
- Indictable offences-accused chooses to be tried by judge
- Provincial offences (heard by justices of the peace)
- No jury
- Adoption, Child Protection, support and custody
- Young Offenders Act
- No jury
- All Family Matters
- (in Hamilton, Ontario, only)
Which Court???
Read each of the following cases. Reviewing your Court Structure Chart, answer the questions below for each case.
- In which court would the case be heard?
Case I
Mrs. Bramble and her children have been deserted by Mr. Bramble. After being separated for three years, Mrs. Bramble wishes to divorce Mr. Bramble.
Trial Court ______
Case 2
Paul Smith and David Brown visit a neighbourhood pub for a few beers after work. After two or three hours, Paul and David begin shouting. Paul jumps up, knocks over the table and is about to hit David with his fist when a waiter grabs him from behind. The police are called and Paul and David are charged with mischief to private property under $1000.
Trial Court ______
Case 3
Jane and Susan have been sharing an apartment. When they move out, the landlord, Mrs. Williams, refuses to return their security deposit and maintains that Jane and Susan have damaged the walls and floors of the apartment.
Trial Court ______
Case 4
Tony and Linda Tosello decide to go for a drive and have a picnic. They find the perfect place, stop the car, climb the fence and begin to spread out their picnic lunch when they notice a sign which states “trespassers will be prosecuted.” Mr. Manners, annoyed by the littler left by picnickers on his property, interrupts Tony and Linda’s picnic. The police are called and Tony and Linda are charged with trespassing under the Trespass to Property Act, a provincial statute.
Trial Court ______
Case 5
Mr. Yarmus realizes that his barn has become old and weatherbeaten. The barn’s shingles have been ripped away and the boards are falling off the sides. Unable to afford to build a new barn, Mr. Yarmus sets fire to his existing barn. The barn burns to the ground and Mr. Yarmus attempts to collect the insurance. He is charged with fraud under $1,000.
Trial Court ______