Global IP Students

Constitutional authority for the judicial system in Canada is divided between the federal and provincial governments in this way The federal government has the exclusive authority to appoint and pay the judges of the superior or upper-level courts in the provinces.

Parliament also has the authority to establish a general court of appeal and courts for the better administration of the laws of Canada. It has used this authority to create the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court.

In addition, as part of its criminal-law power, Parliament has exclusive authority over the procedure in criminal courts. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country.

The provinces have jurisdiction over the administration of justice in the provinces, including the organization and maintenance of the civil and criminal provincial courts and civil procedure in those courts.

The Supreme Court of Canada serves as the final court of appeal in Canada. Its nine judges represent the five major regions of the country, but three of them must be from Quebec, in recognition of the civil law system. As the country’s highest court, 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.

Ordinarily, parties must apply to the judges of the Supreme Court for permission (or leave) to appeal. In certain criminal cases, the right to an appeal is assured.

The second function of the Supreme Court is to decide important questions concerning 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 Federal Court of Appeal, and the Tax Court. The Federal Court specializes in areas such as intellectual property and maritime law and federal-provincial disputes, while the Tax Court specializes in tax cases. The Federal Court of Appeal reviews decisions of both these courts, as well as federally appointed administrative tribunals such as the Immigration Appeal Board and the National Parole Board.