All skills Social Studies

Learn Index · Government and Law Grade 9–10

Canada’s courts and justice system

Canada’s court system includes provincial courts, superior courts, courts of appeal and the Supreme Court of Canada, which hears final appeals, and the system presumes people innocent until proven guilty.

Illustrated topic card: Canada’s courts and justice system — Canada’s courts interpret laws, settle disputes and protect rights, from small claims and youth courts up to the Supreme Court of Canada.
Illustrated topic card: Canada’s courts and justice system — Canada’s courts interpret laws, settle disputes and protect rights, from small claims and youth courts up to the Supreme Court of Canada.

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Why courts matter

Courts are where laws meet real life. They settle disputes, decide whether people accused of crimes are guilty, protect rights under the Charter, and decide whether governments have acted within their powers. A fair, independent court system is a foundation of the rule of law.

The structure of Canada’s courts

Canada’s courts form a pyramid, with the Supreme Court of Canada at the top.

Level Courts What they do
Top Supreme Court of Canada final court of appeal for all cases; hears cases of national importance
Appeal provincial and territorial courts of appeal; Federal Court of Appeal review decisions of lower courts
Superior provincial and territorial superior courts (names vary, e.g. Ontario Superior Court of Justice, Court of King’s Bench) serious criminal cases, major civil cases, divorces; can hear any case unless a law says otherwise
Provincial provincial and territorial courts most criminal cases, youth court, family matters, small claims, traffic
Specialized federal Federal Court, Tax Court of Canada immigration, intellectual property, federal tax and government decisions

Many matters are also decided by administrative tribunals, such as human rights tribunals, labour boards and immigration boards.

The Supreme Court of Canada

  • Has nine judges, including the Chief Justice
  • By law, at least three must come from Quebec, because Quebec uses civil law for private matters while the rest of Canada uses common law
  • Judges are appointed by the Governor General on the advice of the prime minister and serve until age 75
  • Usually hears cases only after granting "leave to appeal"
  • Can give opinions on questions the government refers to it, called references, such as the 1998 Reference re Secession of Quebec

Judicial independence

Judicial independence means judges must be free to decide cases based on the law and the evidence, without pressure from governments, politicians, the media or anyone else. It is protected by:

  • security of tenure: judges can’t be removed for unpopular decisions
  • financial security: their pay is set independently
  • administrative independence: courts manage their own cases

Criminal justice: how a case moves

  1. Investigation and charge: police investigate and lay charges, or in some provinces Crown lawyers approve charges.
  2. Bail hearing: decides whether the accused stays in custody before trial.
  3. Plea: the accused pleads guilty or not guilty.
  4. Trial: the Crown prosecutor must prove guilt beyond a reasonable doubt. The accused has the right to a lawyer and to remain silent. Some trials have a jury of 12 citizens.
  5. Verdict and sentencing: if found guilty, the judge decides the sentence.
  6. Appeal: either side may appeal to a higher court on certain grounds.

The presumption of innocence means the accused does not have to prove anything; the Crown must prove its case.

Civil cases

In civil cases, a plaintiff sues a defendant over contracts, property, injuries or family matters. The standard of proof is the "balance of probabilities," meaning more likely than not. Many civil disputes settle before trial, often through mediation.

Youth justice

The Youth Criminal Justice Act (2003) applies to young people aged 12 to 17. It recognizes that youth are less mature and should be held accountable in ways that support rehabilitation. Features include:

  • extrajudicial measures, such as warnings and referrals to programs, for less serious offences
  • protecting young people’s identities in most cases
  • sentences focused on rehabilitation and reintegration

Indigenous people and the justice system

Indigenous people are overrepresented in Canada’s prisons. In R. v. Gladue (1999), the Supreme Court said judges must consider the unique circumstances of Indigenous offenders, including the effects of colonialism and residential schools, and consider alternatives to prison. Indigenous courts, healing lodges and community justice programs are growing.

Restorative justice

Restorative justice focuses on repairing harm rather than only punishing. Offenders, victims and community members meet, often in a circle, to discuss what happened, its impact and how to make things right. Many of its practices draw from Indigenous traditions.

Try it yourself

  1. Draw the court pyramid and label each level.
  2. Explain why judicial independence matters, using a real or imagined example.
  3. Compare the Crown’s burden of proof in a criminal case with the standard in a civil case.
  4. Debate: "Restorative justice should be used for more youth offences."

Quick recap

  • Canada’s courts form a pyramid with the Supreme Court of Canada at the top.
  • The Supreme Court has nine judges, at least three from Quebec.
  • Judicial independence protects fair decisions.
  • In criminal cases, the Crown must prove guilt beyond a reasonable doubt.
  • Youth justice and Gladue principles focus on rehabilitation and fairness.