Canada
Courts in Canada
The Supreme Court of Canada over two court systems — federal and provincial — and the s.96 hybrid: superior-court judges appointed and paid by the federal government in courts the provinces constitute and administer.
Facts on this page were checked against their sources on .
At the top of the Canadian court system is the Supreme Court of Canada, the final court of appeal for the whole country. Under the Supreme Court Act it "shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges" (s.4) — nine judges — and at least three of them must be appointed from Quebec (s.6), reflecting Quebec's distinct civil-law tradition.
- Two court systems
- Below the Supreme Court, Canada has a federal system — the Federal Court and the Federal Court of Appeal, which handle federal-law matters and judicial review of federal decisions — and, in each province, the provincial courts. Most criminal cases are heard in the provincial system.
- The provincial superior courts, and the s.96 hybrid
- Each province has superior courts (with names such as the Superior Court of Justice or the Court of King's Bench). Here the two orders of government meet in one institution: the province "constitutes, maintains and organizes" the court (s.92(14)), but the Governor General — the federal executive — "shall appoint the Judges of the Superior, District, and County Courts in each Province" (s.96), and Parliament fixes and pays their salaries (s.100). The province owns and administers the court; the federal government appoints and pays its judges.
- The provincial (lower) courts
- Below the superior courts sit the provincial or territorial courts, whose judges are appointed by the province or territory. These courts handle the large majority of criminal matters at first instance.
The same idea, explained generally
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Supreme Court Act (RSC 1985, c. S-26)
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · link verified 2026-07-26
The statute constituting the Supreme Court of Canada (English; French equally authoritative), read for the relevant sections. Supports s.4(1): 'The Court shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges' (nine judges); and s.6, that at least three judges must be appointed from Quebec. Both versions have legal effect.
Constitution Act, 1867 (30 & 31 Victoria, c. 3 (UK))
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · 1867-07-01 · link verified 2026-07-26
The authoritative consolidated text (English; the French 'Loi constitutionnelle de 1867' is equally authoritative), read in full. THE backbone of the division of powers. Supports: s.91(27) FEDERAL exclusive authority over 'The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters'; s.91(28) federal 'Penitentiaries'; the s.91 opening 'exclusive Legislative Authority' plus the residual 'Peace, Order, and good Government' power (POGG is FEDERAL — the inverse of the United States); s.92(14) PROVINCIAL exclusive authority over 'The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction'; s.92(6) provincial 'Public and Reformatory Prisons'; s.96 'The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province'; s.100 (Parliament fixes and pays superior-court judges' salaries); s.101 (Parliament may establish a general court of appeal and additional federal courts). Establishes the characteristic Canadian arrangement: one federal criminal law, provincially administered. Both language versions have legal effect.