Quote:
Originally Posted by rb.
...or dumped just outside the city limits of Winnipeg.
Bri...fed code, but can it be challenged in EACH province's courts?
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rb- that's how our system works. Note that the provincial superior courts in all provinces are analogous to each other and fulfil the same roles. While they will also rule on the laws of their respective provinces, they are also the court responsible for trying criminal cases.
At the federal level the only court that would be in line to hear this appeal is the Supreme Court. Obviously that would put a huge burden on the SCC, including many cases that simply don't merit attention at that level. We have the provincial Superior Courts of Justice and the provincial Courts of Appeal to fill that role.
There's nothing unusual or wrong about the arrangement of our court system... It's a logical breakdown to put the appropriate courts in the appropriate places, and to avoid duplication of effort, jurisdiction or mandate.
Summary criminal offences are tried in the Provincial Courts, indictable ones in the provincial Superior Courts. Superior courts can also review decisions form the 'inferior' provincial courts and are the first venue of appeal for those courts. Anything appealed from provincial Superior Court goes to the provincial court of appeal (at this point the issues discussed are not the facts of the case, but the application of law) and then anything appealed form that level
may go to the Supreme Court if they decide to hear it.
Across Canada, a decision rendered in one level of court on a law that applies nationally is binding in similar cases across all courts of that level nationally. It's typical application of common law.
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