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The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The Canadian order of precedence is a nominal and symbolic hierarchy of important positions within the governing institutions of Canada. It has no legal standing, but is used to dictate ceremonial protocol.
Due to controversy about the appointment, the federal government referred the constitutionality of the appointment to the Supreme Court of Canada. In their decision in Reference Re Supreme Court Act, ss 5 and 6, the Supreme Court quashed his appointment, concluding he did not meet the eligibility criteria provided in the Supreme Court Act. [43]
The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. [2] It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
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This court is subordinate in relationship to the "superior" courts. The phrase "provincial court" or "territorial court" is often used to mean a lower court whose decisions can be reviewed by a superior court. Decades ago [when?], they were managed at the local municipal level. The Ontario Court of Justice is a division of the Court of Ontario. [7]