User:TimothyPilgrim/Ontario court system
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Contents |
[edit] A Map of the Courts
Provincial Courts (Provincially appointed judges)
- Ontario Court of Justice
- a) Family Law
- b) Criminal Law
Federal Courts (Federally appointed judges)
- Superior Court of Justice
- a) Divisional Court
- b) Unified Family Court
- c) Small Claims Court
- Ontario Court of Appeal
- Supreme Court of Canada
[edit] Background
In recent years, the Ontario court system has undergone significant changes. The ultimate goal has been to establish a single level trial court which will have the jurisdiction to deal with all cases.
Some of the largest and, at times, most confusing changes have taken place in the family courts. At one time, people wanting a divorce had to go to the federal court (General Division Court), whereas people wanting to resolve issues like custody and access without a divorce had to go to provincial court (Ontario Court of Justice).
[edit] Ontario Court of Justice
This Court of Justice, before April 1999 known as "Provincial Division Court", specializes in Criminal Law and Family Law matters, but its judges have limits on their jurisdiction. The judges at this level are provincially appointed.
- 1. Family Law
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- This court can deal with matters of custody, access and support, as long as they are not part of a divorce application. It can also deal with enforcement of child support, child protection issues (Children's Aid Society cases), and matters involving adoption. Appeals from decisions heard at this level of court go to the Superior Court of Justice. Cases are heard by a judge only.
- 2. Criminal Law
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- In criminal law, this court has jurisdiction to hear less serious indictable offenses under S.553 of the Criminal Code (e.g. theft) as well as summary offences. Cases are heard with a judge only. Appeals from summary convictions imposed by this court go to the Superior Court of Justice.
[edit] Ontario Superior Court of Justice
Known before April 1999 as "General Division Court", this is a trial court of general jurisdiction in both criminal and civil (including family) matters. Appeals from trial heard under this court go the Ontario Court of Appeal. The judges at this level of court are federally appointed.
There are three other courts that are administered as part of the Superior Court.
- 1. Divisional Court
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- In criminal law, this court has exclusive jurisdiciton over major offences as listed in S.469 of the Criminal Code (e.g. murder, conspiracy, accessory after the fact). This court can try as well as grant or refuse bail for S.469 offences. It can also try all hybrid offenses, whether prosecuted by way of indictment or summary conviction. Criminal cases must be tried with both a judge and jury, unless both parties consent to only a judge.
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- In family law, assuming there is no Unified Family Court in the area, this court can deal with all matters relating to divorce, including property issues, support, and custody and access. Cases are heard by a judge only.
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- This court also deals with some types of appeals: those involving less than $25,000; from summary offenses heard in the Ontario Court of Justice; from the family court of the Ontario Court of Justice; and judicial review applications from provincial administrative tribunals.
- 2. Unified Family Court
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- The Unified Family Court (UFC) was introduced as a pilot project in Hamilton a number of years ago and been expanding throughout the province ever since. Now many, although not all, parts of the province have a UFC. For people living where there is a UFC, there are no decisions about which family court to use; all family-related proceedings are dealt with by the UFC. As well, this court is set up to be very "user-friendly" and offers a wide variety of support-services, such as mediation, parent information classes, and family law information centres.
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- The federal and provincial governments have co-operated in creating these courts in several localities in Ontario. This is a superior court with jurisdiction in all family matters, including divorce (federal) and separation (provincial). If an issue has been decided under provincial jurisdiction (e.g. custody, access, support) and the parties file for a divorce under federal jurisdiction, the previous decision will stand. Cases are heard by a judge only.
- 3. Small Claims Court
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- This court deal with civil cases involving less than $10,000. Procedures are relatively informal and litigants are frequently not represented by lawyers. In Toronto you may appear before Masters. These are judicial officers who deal with various procedural issues in civil cases, as well as carrying out a limited range of other judicial functions. They are provincially appointed.
[edit] Ontario Court of Appeal
This is the highest court in the province. It hears all appeals from the Superior Court of Justice. The judges are federally appointed.
[edit] Supreme Court of Canada
This is the highest court in Canada. It hears appeals from both the Federal Court of Appeal and the provincial appeal courts (i.e. Ontario Court of Appeal). The Supreme Court must "grant leave" before a case can be heard at this level. The judges are federally appointed.
