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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]
Judges of the court are made up of eight puisne judges and the Chief Justice. [38] Candidates must have either been a judge of a superior court or a lawyer for at least ten years in their province's bar. [39] Appointments are made by the Governor General of Canada on advice of the Prime Minister. [39]
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases.A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature.
Section 96 gives the Governor General the power to appoint the judges of the provincial superior, county and district courts. Under the principles of responsible government, the Governor General acts on the advice of the federal Cabinet in exercising that power. Although in form an appointing power, it has been given an expansive interpretation ...
The Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. [1] The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The ...
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]
Quebec has a large number of administrative tribunals responsible for seeing to the application of one or more laws. In total, the Quebec judicial system has more than 500 judges. Nearly 300 of them work in the provincial courts, 25 at the Court of Appeal and nearly 200 at the Superior Court. [36]