The Canadian Court System

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The law affects nearly every aspect of our lives every day. On the one hand, we have laws to deal with crimes such as robbery or murder and other threats and challenges to society. On the other hand, laws regulate common activities such as driving a car, renting an apartment, getting a job or getting married. Our legal system functions well when people both understand their legal rights and live up to their legal responsibilities. In fact, the basis of much of our law is common sense. But before we can create new laws or change old ones, we need to understand the basic principles of our legal heritage and the way our justice system operates. To start, I want to cover the basics of Canada's policing system, how they were formed and they began…show more content…
The social importance of the courts is often simply assumed and considered to be so obvious that neither elaboration or justification is needed. When describing the Canadian court system, it is easy for one to fall into technical detail and thereby simply reinforce the confusion that the average citizen feels when thinking about the complicated maze of courts with bewildering names. However, the modern Canadian court system can be built up logically from just a few basic principals. An overview of these basic principals is necessary to understand how the courts in Canada are organized. Each court has a geographical jurisdiction. For example, provincial and territorial courts are responsible for cases within their boundaries, whereas the Supreme Court of Canada has jurisdiction over the entire country. The first of five principals is operated at the Provincial level and aims to identify the more routine cases by the complexity of the issues involved and the seriousness of the possible outcome of these . It distinguishes “major” from minor” incidents and the more minor cases are referred to trial courts where there are enough staff to take on the enormous volume of such cases. The provinces and territories vary on how they provide their court services, however, in larger cities and towns there are permanent courts. For example, in Prince Albert we have a provincial court. Provincial courts are typically…show more content…
As a general rule of thumb, ALL parties are entitled to appeal the first trial determination of a case. Further and subsequent appeals usually require the leave of the court which is frequently granted. Nonetheless, these appeals are rare. A reasonable guess is around 1% or lower. Again, the most obvious function of appeal court is to correct errors”. If the trial judge has “goofed” in stating the law, applying the rules of evidence, or instructing a jury, etc, then the lawyer from the wronged party can bring the matter(s) before the appeal panel, demonstrate the matters of error, and receive the appropriate solution. Appeal courts basically have four options when deciding on the right remedy of an appeal. First, it can dismiss the the appeal and uphold the trial decision. Second, it can allow the appeal and reverse the trial decision. Third, it can uphold the trial decision but vary the results. For example, increasing or decreasing a sentence in a criminal case or the amount of damages in a civil case. Fourth, it can “quash” the trial decision. This means to reject the outcome and send the case back for re-trial as if the first trial had never happened. The first option is the most commonly used, and the fourth is the least
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