Canada's Judicial System Analysis

THE JUDICIAL SYSTEM OF CANADA

The judicial system (judiciary or court system) is the state machinery for resolving conflicts between individuals or individuals and the state, according to law. It can also be define as the system of courts that interprets and applies the law in the name of the state. A distinctive feature of the Canadian judicial system is its unitary character which distinguishes it from other federal nation including the United States which have a dual court system. This kind of system separates legislative powers along federal lines by creating federal and state courts for federal and state laws respectively. The founders of Canada's legal system adopted the rationale of federalism for distribution of legislative authorities,

The court was created on July 2, 2003, by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of Canada. Its regular sittings may be held in Ottawa, as well as in urban centres in each Canadian province or territory. Canada’s national legal system reflects two long-standing and important legal traditions, the English common law and the French and Roman civil law. The Federal Court of Appeal is structured so as to ensure that both legal traditions are taken into account and respected in the interpretation and administration of federal laws. The basic role of the Federal Court of Appeal is to ensure that federal law is interpreted and applied consistently throughout Canada by the federal government and its agents, to supervise the legality of the decisions of federal decision makers, and to provide a national appellate or review forum over the Federal Court, the Tax Court of Canada and federal boards, commissions, tribunals and administrative decision makers. In light of its wide jurisdiction in federal matters, it is called upon to review decisions involving most types of claims against the federal government. It is also called upon to review decisions relating to claims between private parties and resulting from certain matters falling under federal jurisdiction, notably

The Supreme Court Act was constituted by an act of Parliament in 1875. It has served as the final court of appeal since the Judicial Committee of the Privy Council was abolished in 1949. It has jurisdiction to hear appeals on all questions of criminal law and civil law from the provincial courts of appeal. It also accepts appeals from the Federal Court. The Supreme Court of Canada hears appeals from the decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada. Its jurisdiction is derived mainly from the Supreme Court Act, and a few other Acts of Parliament, like the Criminal Code. There are three procedures by which cases can come before the Court. First, in most cases, a party who wishes to appeal the decision of a lower court must obtain permission, or leave to appeal, from a panel of three judges of the Supreme Court. Second, there are cases, referred to as appeals "as of right", where the leave to appeal is not required. These include certain criminal cases and appeals from opinions pronounced by courts of appeal on matters referred to them by a provincial government. Third, the Court provides advisory opinions on questions referred to it by the Governor in