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Provincial courts of Canada

Updated: 8/20/2023
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11y ago

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There are three types of Provincial courts. Provincial trial courts, superior provincial courts, and provincial courts of appeal.

Provincial trial courts are defined under section 92 of the Constitution and are courts of original jurisdiction. They have a wide subject matter jurisdiction, including youth court, family court (not including divorce), small claims court (<$25000), summary crimes, probate court, and traffic court. They also do preliminary hearings to determine whether there is enough evidence to go forward with a trial. Judges are appointed by the premiere.

Superior provincial courts are defined under section 96 of the Constitution and are courts of both original and appellate jurisdiction. They hear appeals from the provincial trial courts and also hear cases of first instance for indictable offences or very serious misdemeanors. They are run through a combination of provincial administration and federal appointment.

Provincial appeal courts are governed under section 96 of the Constitution. They are courts of appellate jurisdiction meaning that they hear appeals from lower courts in their respective provinces.

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Territorial courts are those which have jurisdiction over a particular geographic region. A provincial court is a type of territorial court that has jurisdiction over a particular province.

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Provincial Courts have jurisdiction only in their respective province, whereas Federal Courts have unlimited jurisdiction in Canada. Judges in Provincial Courts are appointed by premiers whereas Judges in Federal Courts are appointed by the governor general or prime minister.


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