The highest court in Canada, the Supreme Court of Canada, was established in 1875. It consists of nine justices, three of whom must represent Quebec, appointed for life by the Governor General “in council” (generally five justices are sufficient to decide). The court reviews and makes final decisions on appeals against decisions in civil and criminal cases issued by the highest provincial courts and the Federal Court. Appeals may only be lodged against decisions of the civil courts with the consent of the courts which made them or of the Supreme Court itself if it considers that the issues involved “go beyond the immediate interests of the litigants”. The Supreme Court shall hear complaints only in cases of more serious criminal offences prosecuted on indictment if the original acquittal has been overturned by a higher court or if a dispute of law has arisen in the trial of the case. At the request of the Governor General or the government, the Supreme Court may act in an advisory capacity in relation to interpretations of constitutional statutes, reviewing the constitutionality of laws adopted by Parliament and provincial assemblies, and disputes between jurisdictions.

The Federal Court of Canada, established in 1970 to replace earlier institutions, consists of a judicial division (13 judges) and an appellate division (9 judges). It is headed by a president and a deputy president. The entire court is appointed for life by the Governor General. The court division handles civil claims against and on behalf of the federal government, citizenship disputes, complaints about taxes, patents and trademarks, disputes between the federal government and the provincial governments, etc. It is the only court in Canada limited to the application of federal law. All other courts apply both federal and provincial laws.

The Supreme Court of each of the 10 provinces acts as the court of first instance in important civil and criminal cases and also hears appeals from decisions of lower provincial courts in all categories of cases. The Ontario Supreme Court, for example, has a chief justice and nine other justices. It has two divisions: the Court of Appeal and the High Court of Justice. As an appellate court, a three-judge panel hears cases. First instance cases are heard by a single judge, with or without a jury. In some provinces, Supreme Court branches have other names (e.g., Court of the King’s Bench).

The county courts (districts in some provinces and provincial courts in Quebec) hear at first instance civil cases, normally between $300 and $3000, and criminal cases of medium severity (theft, highway crime, etc.). Civil cases involving claims under $300 are heard in small claims courts (in some provinces, small debts). Criminal cases for the least serious crimes prosecuted summarily and some indictable offences are heard by magistrates’ courts (in Quebec, magistrates’ sessional courts). They deal with over 90 per cent of all criminal cases.

With the exception of cases prosecuted summarily and those within the exclusive competence of the magistrates’ courts, the accused has the right to request that his or her case be tried by a jury. In practice, however, most defendants refuse to exercise this right. The law also provides for jury trials in certain categories of civil cases. In criminal cases, the jury consists of 12 (six in Alberta) people and a unanimous verdict is usually required. In civil cases, juries range from 5 to 12 jurors and are decided by a majority vote.

Some provinces in Canada have separate juvenile courts (dealing with felony and misdemeanour charges) and family courts (child disputes, child support claims, etc.). In other provinces they are consolidated into courts dealing with both categories of cases. The Young Offenders Act of 1982 requires that juveniles aged 12 to 18 be tried in these courts for criminal offences under the ordinary courts, with legal representation and other guarantees of the rights of the accused.

Canada does not have a system of administrative courts: administrative complaints are generally heard by the general courts (provincial and federal) pursuant to specially issued laws (for example, the Ontario Administrative Complaint Procedure Act 1971).

All judges are appointed by the federal government except for magistrates appointed by the provincial government. A judge can only be removed by the governor general at the urging of the federal parliament.

Criminal cases are investigated mainly by the police. The prosecution in the magistrates’ court may be maintained by private citizens, but the Attorney-General of the Federation or a province is entitled at any stage of the proceedings to suspend a charge brought by a private citizen. The charge in the higher courts is supported by a representative of the provincial attorney general. This may be either a regular lawyer in this capacity or a private practitioner assigned to a particular proceeding. The Attorney General of Canada heads the Department of Justice; his representatives may support the prosecution in all courts.

Criminal defence and civil representation are provided only by lawyers who are members of the lawyers’ corporations of the respective provinces.

Canada does not yet have a single federal ombudsman; there are two branch ombudsmen at the national level: the Commissioner of State Languages (1969) and the Correctional Investigator (1973).

Meanwhile, there were ombudsman positions in nine provinces of the country from 1967 (Alberta) to 1977 (British Columbia). Their appointment procedure, terms of office and competence vary considerably. The Ombudsman for Alberta is appointed by the Lieutenant Governor in Council on the recommendation of the Legislative Assembly for a five-year term. The Ombudsman for the province of British Columbia is appointed by the Legislature on the unanimous recommendation of an all-party Legislature Committee for a 6-year term. The Ombudsman for Ontario is appointed by the government, after discussions with the opposition parties, to a 10-year term. In Quebec, the Citizens’ Ombudsman is appointed by the Legislative Assembly, on the advice of the Prime Minister, for a 5-year term.

Provincial ombudsmen make annual and special reports to parliament, which are published in the media. The ombudsmen can make inquiries, and, as a result, can make recommendations to the administrative body, and can apply to the administration or the justice system for sanctions.