PPAS 3135 Lecture Notes - Lecture 5: Double Aspect, Pith, United States Territorial Court
25 Jun 2018
School
Department
Course
Professor
Grizli777
[Type the document
title]
Sukhpreet Singh-214346332
October 24, 2017
Sirvam Karimi
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Question 1
The modern Canadian judiciary is a complex court system that has numerous courts
within it hierarchy at the federal and provincial level. This system had modeled the British
system and followed a three tiered court system. Inferior court was the lowest court which dealt
with less serious offences, district/county court dealt with more serious criminal offences and
civil cases dealing with large sums of money and lastly the Superior Court was the highest court
of appeal, thus was binding on all other courts. The levels of appeal, purposes and variety of
courts were expanded upon post-confederation to better empower the judiciary. The term
superior referred to a number of courts in our current system, the Federal Court, Tax Court of
Canada, Federal Court of Appeal and Supreme Court would all be classified as superior’s courts.
Moreover the current Federal Court was labeled the Ex-Chequer Court of Canada prior to
Confederation.
When comparing both the pre and post Confederation system, there are a number of
similarities. The term used to describe inferior courts is still relevant in the current system as
these are the provincial and territorial courts. These courts have judges that are appointed by the
province as well as paid by them. These courts also deal with less-serious crimes and matters
dealing with family law. These courts will handle cases under the YCJA, Estate Law and smaller
civil cases. The various district and county courts had their authority combined to create the
Superior Trial Courts in the modern era of the judiciary. These courts had judges that are
appointed and paid by the federal government, who also authorize the administration via the
professional bodies. Similar to the 2nd tier in the old system, these courts handled cases dealing
with more serious crimes and cases that involves monetary amounts over five thousand dollars.
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Much like the previous system, the 2nd tier had more roles and responsibilities, it was not
only the appeals court for lower courts but also the regulatory body to provide adjudication and
handle divorce cases. The reflection of the old system is the parallel between the governor
general responsible for the provinces and the current federal government. Lastly, is the
Provincial Appeal Court which much like the highest tier, the superior court, is the highest court
in the province. This court hears appeals from all other courts and is binding with its decisions on
the lower courts. An expansion of it roles is that it now also receives reference questions from
provincial parliament, the courts can advise on bills to validate or address constitutional merit.
At the time of confederation, each provincial crown had its own judicial authority in the
form of a provincial court system. The superior court was responsible for all subject matter
within the province, which is much like the duties of the modern Federal and Supreme Court of
Canada. Although the JCPC remained after confederation, it can be viewed as a major transition
when it was removed as the highest authority, empowering the Supreme Court of Canada as the
highest court.
Question 2
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Document Summary
The modern canadian judiciary is a complex court system that has numerous courts within it hierarchy at the federal and provincial level. This system had modeled the british system and followed a three tiered court system. The levels of appeal, purposes and variety of courts were expanded upon post-confederation to better empower the judiciary. The term superior referred to a number of courts in our current system, the federal court, tax court of. Canada, federal court of appeal and supreme court would all be classified as superior"s courts. Moreover the current federal court was labeled the ex-chequer court of canada prior to. When comparing both the pre and post confederation system, there are a number of similarities. The term used to describe inferior courts is still relevant in the current system as these are the provincial and territorial courts. These courts have judges that are appointed by the province as well as paid by them.
