Legal institutions

The British North America Act of 1867 first detailed the division of powers between the federal and provincial governments of Canada. Now amended as the Constitution Act, 1867, it defines how constitutional authority for the judicial system in Canada is divided between provincial and federal governments.

Each province created a system of courts, and although the names may vary, the structures are roughly similar across the country. Provincial court systems are usually divided into provincial courts presided over by provincially appointed judges; superior courts are seated by federally appointed judges. Superior courts are further divided into trial and appeal levels, with the court of appeal being the highest court in the province.

Most minor civil matters begin in the provincial courts. Criminal jurisdiction is shared between the provincial and superior courts. Several provinces have created separate courts devoted exclusively to certain areas such as family law, youth justice and small claims. Quebec also has municipal courts to handle all municipal by-laws. In addition, the legal system often relies on administrative tribunals to deal with administering certain laws, such as employment insurance and workers' compensation. When Nunavut became a territory in 1999, a new single-level court system came into being. The Nunavut Court of Justice combines the jurisdiction of the territorial and superior courts so its judges can hear all criminal, family and civil matters.

The federal government has used its constitutional authority to create the Federal Court, the Tax Court and the Supreme Court of Canada—the highest and final court of appeal. Madame Justice Beverley McLachlin, became the 17th Chief Justice of the Supreme Court of Canada in January 2000 and the first woman in Canadian history to head the highest court in the land.