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Understanding The Complexity Of Canada's Courts

924 words - 4 pages

In America we have a complex system of courts that many do not understand, this is the same in many other countries too. There are many different types of court system you could have. There is Common Law, Civil Law, a mix of both and Islamic Law. America has a type of law called Common Law, which originally comes from England. This type just means that there are decisions by judges and courts. Another country with this law is Canada. When you look at the systems you can see how similar they are to each other. Both of these fine nations have judges and they have courts, where some are higher up than others. There is the Canadian Supreme Court, Tax Court, Court of Appeals, Providential Courts (the equivalent of district courts), and Court Martial Courts (which is our military courts).
In America we have common law just like Canada. Article III of the constitution is what established the judicial system. The bottom is just the local courts and then state courts. There is also the federal court system where judges are nominated by the president then confirmed by the Senate. These courts include: the 94 district courts, Tax court, Court of Appeals, the Court of Appeals for the Federal Circuit, Court of Claims, and Court of Military Appeals. With most courts of the United States, juries are the ones who decide whether one is guilty or not. The constitution calls for the creation of the Supreme Court and leaves the responsibility of creating the inferior courts to Congress.
The Canadian provinces of Quebec, Ontario, Nova Scotia, and New Brunswick signed the Constitution Act of 1867, which made Canada its own country. The act also assigns power go both the provincial and federal governments. The constitution is Canada's supreme law, and any government, whether it be federal, provincial, or territorial, that passes laws that are inconsistent with the constitution are invalid. Canada's constitution is similar to that of the UK and there are four unwritten elements to the constitution; federalism, democracy, constitutionalism and rule of law, and respect for minorities.
All of the provinces (excluding Quebec) follow the common law system. The lower courts of the country follow the rulings and decisions of the higher courts. Canada's supreme Court has the authority to overrule all lower Canadian courts. When there is an issue that there is little existing Canadian decisions they will often look at rulings made by the English of American courts. There is a long standing correlation between Canadian and English law, where the examples of the English House of Appeals and House of Lords are followed. Since there is this history, decisions by the House of Lords will stand in Canada until...

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