Criminal Courts

< Procedure and Practice

Introduction

See also: Definition of Judicial Officers and Offices and Jurisdiction of the Courts

All provinces and territories have three levels of court with the exception of Nunavut.

Trial Court	Provincial / Territorial Court Superior Court
Appellate Court	Summary Conviction Appeals Court (Superior Court) Court of Appeal

Courts by Province

Prov / Terr.	Inferior-level Court	Superior-level Court / Summary Appeal-level Court	Appellate Court
Federal	N / A	N / A	Supreme Court of Canada
Newfoundland and Labrador	Provincial Court of Newfoundland and Labrador	Supreme Court of Newfoundland and Labrador, Trial Division	Supreme Court of Newfoundland and Labrador, Court of Appeal
Prince Edward Island	Provincial Court of Prince Edward Island	Supreme Court of Prince Edward Island	Prince Edward Island Court of Appeal
Nova Scotia	Provincial Court of Nova Scotia	Supreme Court of Nova Scotia	Nova Scotia Court of Appeal
New Brunwick	Provincial Court	Court of Queen's Bench of New Brunswick	Court of Appeal of New Brunswick
Quebec	Court of Quebec	Superior Court	Court of Appeal
Ontario	Ontario Court of Justice	Superior Court of Justice (previously divided into Ontario Court of Justice (General Division) and High Court of Justice)	Court of Appeal for Ontario
Manitoba	Provincial Court of Manitoba	Court of Queen's Bench of Manitoba	Court of Appeal
Saskatchewan	Provincial Court of Saskatchewan	Court of Queen's Bench for Saskatchewan	Court of Appeal for Saskatchewan
Alberta	Provincial Court	Alberta Court of Queen's Bench	Court of Appeal
British Columbia	Provincial Court of British Columbia	Supreme Court of British Columbia	Court of Appeal
Nunvut	N / A	Nunavut Court of Justice	Court of Appeal of Nunavut
Northwest Territories	Territorial Court of the Northwest Territories	Supreme Court of the Northwest Territories	Court of Appeal for the Northwest Territories
Yukon	Territorial Court of Yukon	Supreme Court of Yukon	Court of Appeal

Court of Criminal Jurisdiction

See also: Jurisdiction of the Courts

A court of criminal Jurisdiction refers to those courts which are able to hold trial regarding criminal matters. This consists of both provincial courts and superior courts. Section 2 of the Code specifically defines them as:

2
...
"court of criminal jurisdiction" means

(a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,

(a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

(b) a provincial court judge or judge acting under Part XIX [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)], and

(c) in the Province of Ontario, the Ontario Court of Justice;

...
R.S., 1985, c. C-46, s. 2; ... 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 25, s. 2; 2015, c. 3, s. 44.
[annotation(s) added]

– CCC

Note up: 2

What specific types of criminal matters courts of criminal jurisdiction can hear will be dictated by the Code. Certain types of offences will be designated as within the sole jurisdiction of a select type of court of criminal jurisdiction. This is what is referred to as absolute or exclusive jurisdiction offences.^[1]

↑ see Defence Election for details

Summary Conviction Court

See also: Definition of Judicial Officers and Offices

Part XXVII (s. 785 to 840) defines "summary conviction court" as:

Definitions

785 In this Part [Pt. XXVII – Summary Convictions (ss. 785 to 840)],
...
"summary conviction court" means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who

(a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,

(b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or

(c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices;

...
R.S., 1985, c. C-46, s. 785; R.S., 1985, c. 27 (1st Supp.), ss. 170, 203; 1992, c. 1, s. 58; 1995, c. 22, s. 7, c. 39, s. 156; 1996, c. 19, s. 76; 1999, c. 25, s. 23(Preamble); 2002, c. 13, s. 78; 2006, c. 14, s. 7; 2013, c. 11, s. 4.
[annotation(s) added]

– CCC

Note up: 785

This definition also applies to Part XXIII (s. 716 to 751.1) and XX.1 (s. 672.1 to 672.95). Further, references under s. 111, 117.011, 117.05, 175, 573, 669.2, and 699.

Superior Courts

2
...
"superior court of criminal jurisdiction" means

(a) in the Province of Ontario, the Court of Appeal or the Superior Court of Justice,

(b) in the Province of Quebec, the Superior Court,

(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Court of Appeal or the Supreme Court,

(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen’s Bench,

(e) in the Province of Newfoundland and Labrador, Yukon and the Northwest Territories, the Supreme Court, and

(f) in Nunavut, the Nunavut Court of Justice;

(g) and (h) [Repealed, 2015, c. 3, s. 44]

...
R.S., 1985, c. C-46, s. 2; ... 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 25, s. 2; 2015, c. 3, s. 44.

– CCC

Note up: 2

Under Part III:

84 (1) In this Part [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)],
...

"superior court" means

(a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

(b) in Quebec, the Superior Court,

(c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

(d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and

(e) in Newfoundland and Labrador, the Trial Division of the Supreme Court;

...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45.
[annotation(s) added]

– CCC

Note up: 84 (1)

Court of Appeal

2
...
"court of appeal" means, in all provinces, the Court of Appeal. ...
R.S., 1985, c. C-46, s. 2; ... 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 25, s. 2; 2015, c. 3, s. 44.

– CCC

Note up: 2

Definitions

673 In this Part [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)],
...
"court of appeal" means the court of appeal, as defined by the definition court of appeal in section 2 [general Code definitions], for the province or territory in which the trial of a person by indictment is held;
...
R.S., 1985, c. C-46, s. 673; R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4; 1992, c. 1, s. 58; 1993, c. 45, s. 10; 1995, c. 22, s. 5, c. 39, ss. 155, 190; 1996, c. 19, s. 74; 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble); 2002, c. 13, s. 63; 2005, c. 22, ss. 38, 45; 2006, c. 14, s. 6; 2013, c. 11, s. 2.
[annotation(s) added]

– CCC

Note up: 673

Definition of court of appeal

696.3 (1) In this section, the "court of appeal" means the court of appeal, as defined by the definition court of appeal in section 2 [general Code definitions], for the province in which the person to whom an application under this Part [Pt. XXI.1 – Applications for Ministerial Review – Miscarriages of Justice (ss. 696.1 to 696.6)] relates was tried.
...
2002, c. 13, s. 71.
[annotation(s) added]

– CCC

Note up: 696.3 (1)

Summary Conviction Appeal Court

Definition of appeal court

812 (1) For the purposes of sections 813 to 828 [summary trial appeal provisions], "appeal court" means

(a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

(b) in the Province of Quebec, the Superior Court;

(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court;

(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

(e) [Repealed, 1992, c. 51, s. 43]

(f) [Repealed, 2015, c. 3, s. 56]

(g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court;

(h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

(i) in Nunavut, a judge of the Nunavut Court of Justice.

When appeal court is Court of Appeal of Nunavut

(2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 [summary trial appeal provisions] if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.
R.S., 1985, c. C-46, s. 812; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 7, c. 17, s. 15; 1992, c. 51, s. 43; 1998, c. 30, s. 14; 1999, c. 3, s. 55; 2002, c. 7, s. 149; 2015, c. 3, s. 56.
[annotation(s) added]

– CCC

Note up: 812 (1) and (2)

Definition of appeal court

829 (1) Subject to subsection (2) [meaning of "appeal court" re nunavut], for the purposes of sections 830 to 838 [summary appeal on transcript or agreed statement of facts], "appeal court" means, in any province, the superior court of criminal jurisdiction for the province.

Nunavut

(2) If the appeal is from a conviction, judgment, verdict or other final order or determination of a summary conviction court consisting of a judge of the Nunavut Court of Justice, "appeal court" means a judge of the Court of Appeal of Nunavut.
R.S., 1985, c. C-46, s. 829; R.S., 1985, c. 27 (1st Supp.), s. 182; 1999, c. 3, s. 56.
[annotation(s) added]

– CCC

Note up: 829 (1) and (2)

Court of Competent Jurisdiction

Generally, a court of competent jurisdiction is one which has jurisdiction over the subject matter, the parties and power to order a remedy.^[1]

However, competent jurisdiction is not conveyed by the Charter, but rather exists independently of it.^[2]

A "court of competent jurisdiction" is not defined in the Criminal Code.^[3] It refers to a court "that possesses jurisdiction over the subject matter, jurisdiction over the person, and jurisdiction to grant the remedy".^[4] To have jurisdiction over remedy depends on whether "the court or tribunal suited to grant the remedy sought under s. 24 in light of its function and structure"^[5]

↑ United Nurses of Alberta, Local 115 v Foothills Provincial General Hospital Board, 1987 CanLII 3392 (AB QB), per Chrumka J, at para 13
Weber v Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 SCR 929, per McLachlin J
↑ United Nurses of Alberta, supra, at para 13
↑ The only specific reference is s. 290, 462.48
↑ R v Hynes, 2001 SCC 82 (CanLII), per McLachlin CJ, at para 26
↑ Hynes, ibid., at para 27

Charter Remedies

In criminal law, the term "court of competent jurisdiction" arises from the words found in s. 24(1) of the Charter which provides that only courts of competent jurisdiction may order remedies for Charter breaches. ^[1]

A CCJ should include a trial judge.^[2] But does not include a preliminary inquiry judge.^[3]

A preliminary inquiry judge is not a CCJ and consequently cannot grant remedies under the Charter.^[4]

A federal parole board is not a CCJ to grant Charter remedies.^[5]

↑ Section 24(1) of the Charter reads: "Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances."
↑ R v Rahey, 1987 CanLII 52 (SCC), [1987] 1 SCR 588
↑ Hynes, supra
↑ R v Mills, 1986 CanLII 17 (SCC), [1986] 1 SCR 863 (SCC), per Lamer CJ (in dissent) (""I agree that a judge presiding at a preliminary inquiry is not a court of competent jurisdiction for the purpose of granting a remedy under s. 24(1). This finding is subject to one exception however. I am of the view that the preliminary inquiry judge is a court of competent jurisdiction for making a finding under s. 24(1) as regards to a violation for the purpose of excluding evidence under s. 24(2).")
↑ Mooring v Canada (National Parole Board), 1996 CanLII 254 (SCC), [1996] 1 SCR 75 (SCC), per Sopinka J

Courts of Inherent Jurisdiction

Superior courts of the province possess "inherent jurisdiction" provided to them through s. 96 of the Constitution Act, 1982.^[1] This jurisdiction cannot be removed by statute.^[2]

Inherent jurisdiction has been characterized as a "residual" power that has been applied in a "limited" fashion.^[3]

Courts of appeal does not have any inherent jurisdiction.^[4]

↑ section 96 states under the heading of Appointment of Judges: "The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick."
Kourtessis v MNR, 1993 CanLII 137 (SCC), [1993] 2 SCR 53, at pp. 65-66 ( “Only superior court judges appointed under s. 96 of the Constitution Act, 1867 have inherent jurisdiction.”)
↑ MacMillan Bloedel Ltd. v Simpson, 1995 CanLII 57 (SCC), [1995] 4 SCR 725, per Lamer CJ
cf. Shreem Holdings Inc. v Barr Picard, 2014 ABQB 112 (CanLII), per Wakeling J, at paras 26 to 42
↑ Bass v Mcnally, 2003 NLCA 15 (CanLII), per Cameron JA
↑ R v GW, 1999 CanLII 668 (SCC), [1999] 3 SCR 597, per Lamer CJ, at para 8
Kourtessis v MNR, supra, at pp. 65-66 ("And courts of appeal have no inherent rights to create appeals. Only superior court judges appointed under s. 96 of the Constitution Act, 1867 have inherent jurisdiction.")

Sentencing Courts

Under Part XXIII of the Code [Sentencing] defines a "court" as:

716 In this Part,...
"court" means

(a) a superior court of criminal jurisdiction,

(b) a court of criminal jurisdiction,

(c) a justice or provincial court judge acting as a summary conviction court under Part XXVII [Pt. XXVII – Summary Convictions (ss. 785 to 840)], or

(d) a court that hears an appeal; (tribunal)

...
R.S., 1985, c. C-46, s. 716; R.S., 1985, c. 27 (1st Supp.), s. 154; 1995, c. 22, s. 6; 1999, c. 5, s. 29(E).

– CCC

Note up: 716

Part XXIV - Dangerous Offenders and Long-term Offenders

Definitions

752 In this Part [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)],
"court" means the court by which an offender in relation to whom an application under this Part [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)] is made was convicted, or a superior court of criminal jurisdiction; (tribunal)
...
R.S., 1985, c. C-46, s. 752; 2008, c. 6, ss. 40, 61; 2010, c. 3, s. 8; 2012, c. 1, s. 35; 2014, c. 25, s. 29.
[annotation(s) added]

– CCC

Note up: 752

Courts of Nunavut

The territory of Nunavut is unique in Canada as it has only two rather than three levels of court. Unlike other jurisdictions, the trial level has is unified with only the Nunavut Court of Justice.

In various places in the Code, there is provisions that are redundant except that is conveys power specifically to the Nunavut Court of Justice, including ss. 536.1, 554(2), 555.1, 556(4), 561.1, 562.1, 563.1, 565(1.1), 566.1, 567.1, 569 (2), Part XIX.1 (s. 573 to 573.2), 686 (5.01), (5.1), (5.2), 695(3), 839(1.1). This unification has been in place since April 1, 1999.^[1]

↑ http://www.nucj.ca/unifiedcourt.htm