Sep 9, 2022

Law: its purpose and history

Laws reflect the majority values and beliefs of a society. As these values and beliefs change,
so do its laws.

➢ Law refers to a rule that is enforced by the government.

➢ Law is intended to be obeyed by everyone - they are mandatory.
➢ Laws involve a complex system of procedures and consequences.
➢ Laws strike a balance between individual freedom and the needs of society.
➢ The Canadian legal system prefers the needs of society and overall personal freedom
(Majority rule, democracy)

Sep 12, 2022

Five functions of Law
1. Establish Rules of Conduct:
○ Outline guidelines for individuals in society
2. Provide a System of Enforcement
○ For laws to have any meaning, they must be enforced.
3. Protect Rights and Freedoms
○ Laws help encourage the values of tolerance and respect.
○ In Canada, there are laws protecting one’s basic rights, but there has to be a solid
legal reason to limit these rights.
4. Protect Society
○ Criminal laws protect people from harm. They limit criminal activities that harm
others in society.
○ Civil laws also protect individuals from harm and being taken advantage of. For
example, there are labor and occupational safety laws while people are working.
5. Resolve disputes
○ Laws are also designed to settle disputes. Disputes can be settled through court or
negotiation.
○ Laws make sure disputes are settled safely as well.
Components of a Law System
➢ Substantive law - rules outlining rights and obligations
➢ Procedural law - steps involved in protecting rights and enforcement.

Public Law (government): controls the relationship between the government and the people.
It represents laws that apply to all individuals.

➢ Criminal Law: the body of public law that defines crimes and punishments
➢ Constitutional Law: outlines the structure and powers of the federal and provincial
governments.
○ The constitution is the supreme law of Canada, and the Charter of Rights and
Freedoms is part of the constitutional law.
○ Laws can be declared invalid, (struck down as unconstitutional)
➢ Administrative Law: outlines the relationship between citizens and government boards
and agencies.
○ If people feel discriminated against, they file a complaint with a human rights
agency.
○ They help people solve their problems without delay and going to court.

Private law (civil law): outlines the rights and responsibilities of private individuals and
organizations. In a private law case, the person who started the lawsuit is called the plaintiff,
and the person being sued is called the defendant. The plaintiff sues because he believes that the
defendant has caused him or her harm, loss, or injury.

➢ Tort Law: holds a person or organization responsible for the damage they caused to
another person
➢ Family Law: regulates aspects of family life.
➢ Contract Law: outlines the requirements for legally binding agreements.
○ They can be as simple as purchasing a product in a store (money exchange)
○ If someone doesn’t fulfill the contract, this is known in legal terms as a breach of
contract. The injured party can take this to the court and sue for the damages.
 ➢ Property Law: ourlines the relationship between individuals and property.
➢ Labor and Employment Law: governs the relationship between employers and
employees.
○ Labor law governs the relationship between employers and unions, employment
law governs the relationship between employers and employees.

Three braces of Canada’s Federal Government

Executive Branch
➢ Comprised the Prime Minister and his appointed Cabinet. Cabinet members are elected
MPs of the same party and are assigned portfolios such as Justice or Immigration.
➢ This branch implements the laws of Canada.
➢ The Head of State is King Charles III, represented by the Governor General of Canada.
➢ The Head of Government is the Prime Minister.

Legislative Branch
➢ The legislative bodies of Canada.
➢ They make and debate the laws.
➢ Federally referred to as Parliament.
➢ Parliament consists of the monarch and a bicameral legislature (i.e., an elected House of
Commons made up of MPs and an appointed Senate).

Judicial Branch
➢ Comprised of justices and the various courts of Canada.
➢ This branch decides who broke the law and the punishment that corresponds.
➢ The Supreme Court of Canada is the court of last resort and has nine justices led by
the Chief Justice of Canada. Each justice is appointed by the Governor General.
➢ This court hears appeals from decisions rendered by the various appellate courts in the
provinces and territories.

Sep 15, 2022

Two main sources of Canadian law: French and English
Code of Hammurabi - 1750 BCE
➢ The first set of written laws is organized under family, property, criminal, and labor.
➢ The motive is not considered important and is focused on revenge (punishment).

Mosaic Law - 1240 BCE

➢ From the Bible: laws (the Ten Commandments) are given to Moses by god.
➢ The motive is considered necessary and focused on paying back to the victim.
(restitution).

Roman Law - 400 CE and Napoleonic Code - 1804

➢ Lawyers started to appear
➢ Justinian I codified laws into the Justinian Code
➢ The Justinian Code became the basis of law in Western Europe (except England)
➢ In 1804 Napoleon modified the French law into the French Civil Code

The Feudal System and Common Law

In 1066, the Duke of Normandy invaded England and brought over French laws. He introduced a
new system of government called Feudalism.
➢ The nobles are also judges, which creates inequalities.

Henry II (1154-1889), travelling judges

➢ Called Court of Assize
➢ Creates consistency. Similar cases are treated the same.
➢ People who are dissatisfied could appeal to the king who is able to overrule decisions.

Magna Carta
King John was forced to sign the Magna Carta in 1215.
➢ Laws are applied to everybody
➢ Rulers couldn’t restrict the freedoms of the people without reason
 ➢ People’s legal rights cannot be changed without consent.
Parliament and Statute Law
Henry III - barons revolted, forming the parliament with voted representatives across England.
Laws are passed by the parliament (vs. common law that is made by judges)

Sep 16, 2022

Heritage
Rights and Revolutions
➢ In the 18th century, two significant revolutions took place that contributed to the
development of human rights.

American Revolution, 1775

➢ The U.S. broke away from British rule and issued the Declaration of Independence in
1776.
➢ In 1791, the U.S. Bill of Rights was added to the American Constitution, which is still the
basis of civil rights and freedoms.

French Revolution, 1789

➢ Influenced by the ideas of liberty and equality in the American Revolution, the French
rose up against their King to end feudalism.
➢ A National Assembly was set up with members who were elected by citizens.
➢ The concept of “nation-states” came from these revolutions.

Universal Declaration of Rights

➢ During WW II, numerous human rights atrocities were committed.
➢ In 1945, shortly after the war ended, the United States (UN) was formed.
➢ UN Commission on Human Rights produced a list of human rights and freedoms for all
people in the Universal Declaration of Human Rights (UDHR).

Canadian Bill of Rights

 ➢ In 1960, Prime Minister John Diefenbaker's government passed the Canadian Bill of
Rights.
➢ Similar to the UDHR, the Bill of rights codified many civil rights and freedoms that have
been established over many years under common law in Canada.
➢ For the first time, Canadians had a list of rights and freedoms to refer to.

Constitutional Protection
The Bill of Rights had two main limitations:
1. It only applied to federal matters.
2. It could be changed at any time by Parliament since it was a statute.
➢ In 1982, Prime Minister Pierre Trudeau introduced the Canadian Charter of Rights and
Freedoms into the Constitution.
➢ Because the Charter was a part of the Canadian constitution, it applied to every level of
government and could only be changed if an amending formula was followed.

Canada’s Constitution - History

➢ Canada became an independent country from Britain on July 1, 1867
➢ The country’s first constitution was British North America (BNA) Act, 1867
➢ Britain still controlled our foreign affairs and Canada needed their permission to change
the constitution.
➢ The Statute of Westminster, 1931, gave Canada control of its own foreign affairs.
➢ In 1982, Trudeau and the premiers (except for Quebec) “patriated” the constitution and
introduced the Charter, This gave Canada complete control of affairs as a nation.

Division of Powers
➢ The constitution Act, of 1867, explains the specific powers that Canada’s levels of
government have as well as what they are responsible for.
➢ Canada’s levels of government are federal, provincial, and municipal (which falls under
provincial in the constitution).
➢ Sections 91 and 92 of the Constitution Act provide each level of government with
jurisdiction - power and authority to make laws and pass regulations.
Section 91 - Federal Powers
➢ Peace, order, and good government
➢ Criminal Law
➢ Unemployment insurance
➢ Banking, currency, and coinage
➢ Federal penitentiaries
➢ Marriage and divorce
➢ Postal services
➢ Aboriginal people and lands

Section 92 - Provincial Powers

➢ Property and civil rights
➢ Marriage ceremonies
➢ Police forces and provincial courts
➢ Highways and Roads
➢ Provincial jails
➢ Hospitals

Section 93: covers education

Federal bills, or laws, are passed by Parliament, which consists of 3 parts:

➢ House of Commons
➢ Senate
➢ Governor General (King’s representative)

Each Member of Parliament (MP) is elected to represent 1 of 338 ridings of electoral districts in
Canada

The political party that wins the most seat forms the government and passes laws.
How a Bill Becomes Law
➢ Overview of how a bill is passed into law
○ First Reading (Bill Introduced)
➢ Second Reading
○ Bill is debated in the House of Commons
➢ Committee Stage
○ Bill is studied, revised, or changed
➢ Third Reading
○ Further debate on the amended bill
○ Vote in the House of Commons
➢ Senate (similar process: 3 readings, vote)
➢ Royal Assent governor general signs bills into law)

➢
Provincial & Municipal Laws
Provincial
➢ The process to pass provincial laws is similar to federal laws
○ No senate, provincial level: a lieutenant governor who signs bills into law

Municipal
➢ Called bylaws.
➢ Elected councils (mayor, city council) debate and vote on bylaws. The vote passes, and
the bylaw is enacted.

Statute vs. Common Law

Statutes are usually applied before common law.
But the interpretation of statutes may lead to new common law.
For example, appeals courts interpret the Marriage Act to recognize same-sex marriage.

Statute Law
Written law = Acts of Parliament and provincial legislatures.
Originated with Parliament (England in the 1200s) to reduce the power of the king.

Division of Powers
Section 91 outlined federal jurisdiction
● Residual power - anything not included belongs to the federal government

Section 92 outlined provincial jurisdiction

Section 93 gave provinces jurisdiction over education in order to meet differing cultural and
language needs

What is a constitution?
A constitution is a set of rules that establish both the structure and the fundamental principles of
the government in a nation or other territory.

Constitutional Amending Formula

➢ Federal and 10 provinces ie 100% ( for matters of national magnitude)
➢ Federal + ⅔ Provinces representing at least 50% of the population (matters requiring
substantial consensus)
➢ Other matters may be federal only, provincial only, or a combination of these affected.

Case Citations
R. v. McClintic (2012) ONSC
R - Regina/rex meaning queen or king
V. versus meaning adversarial system
McClintic - is the accused or defendant
2012- the year of the case
ONSC - is the court; Ontario Superior Court of Justice
Oct 3, 2022
Key elements from R v. Jarvis
➢ “Reasonable expectations of privacy”
➢ Determining a reasonable expectation of privacy requires a contextual analysis, that it is
not an all-or-nothing concept.
➢ ‘There are varying expectations of privacy in the places we occupy” (Jarvis, para 64)
➢ Interpretation is key within this case - courts have the power to interpret and decide
what a “reasonable expectation of privacy” means
➢ Context is very important in terms of privacy as is the Purpose
➢ The issue of privacy extends to how public settings are to be defined - does this include
digital privacy?

Chapter 2
Oct 6, 2022
➢ The Canadian Charter of Rights and Freedoms was entrenched in the Canadian
Constitution on April 17, 1982.
➢ This means that our rights and freedoms are protected by the constitution
➢ The Charter applies to every level of government and overcomes the limitations of the
previous Bill of Rights.
➢ Most rights are not absolute and can be limited but this must be justified.

Section 1 of the Charter is the Reasonable Limit Clause.

➢ Rights and freedoms may be limited if the limitation can be justified in a free and
democratic society.
➢ Courts usually decide what “reasonable’ means on a case-by-case basis.
➢ E.g. a person’s freedom of expression may be limited if they are promoting hate speech.
The courts are allowed to interpret what is reasonable (interpret the law)
➢ All roads lead to section 1

A simple to analyze potential Charter case:

1. Does the Charter apply to the case?
 2. Has a right or freedom in the Charter been infringed upon?
3. Does Section 1 (the reasonable limits clause) justify the infringement?
4. If not, is there a remedy provided by the Charter?

The Notwithstanding Clause

➢ Section 33 of the Charter, also referred to as the “overriding clause” and the “opt-out
clause”.
➢ This clause allows governments to enact or maintain laws notwithstanding (or in the spite
of) the fact they may violate rights and freedoms in the Charter.
➢ If a government uses this clause, the laws they are enacting must be reviewed every 5
years.

Fundamental Freedoms
Section 2 of the Charter explains the basic freedoms provided to all Canadians.
These are fundamental freedoms:
➢ Freedoms of Conscience and Religion
➢ Freedom of thoughts, beliefs, opinions, and expression
➢ Freedom of peaceful assembly and association

Freedom of…
Conscience and Religion
➢ Everyone in Canada is free to practice and follow their religion
➢ No one can be forced to disobey their religious beliefs.

Thought, belief, opinion, expression

➢ Includes all forms of communication and expression (e.g. speech, media, etc.)
➢ This freedom may be limited if a person promotes hate or discrimination.

Peaceful assembly

➢ Usually associated with the right to participate in peaceful demonstrations

Association
➢ Refers to the right of individuals to join together in groups (e.g. unions, political parties)

The only time there is a charter issue is a government against people

Democratic and Mobility Rights

Democratic Rights
➢ Sections 3, 4, and 5 of the Charter
➢ Definition: right of citizens to vote
➢ Also guarantees that an election must be held every five years (covers federal matters)
Mobility Rights
➢ Section 6 of the Charter
➢ Definition: right to enter and leave Canada; right to move between provinces and
territories

Section 7-14
➢ Definition: Charter sections that protect personal and procedural rights in the criminal
justice system.

Equality Rights
➢ Section 15 of the Charter
➢ Definition: Protection from discrimination
➢ Specific grounds for discrimination include race, ethnic origin, colour, religion, gender,
age, mental or physical disability, and (most recently) sexual
orientation.
➢ A controversial equality issue in recent years has been equal rights for same-sex couples.

Language Rights
➢ Sections 16-22 of the Charter
 ➢ Definition - protection of Canada’s official languages in all government institutions
➢ Canada’s two official languages are English and French
➢ These sections guarantee that both languages have equal importance in government
matters
➢ Canadian laws must be printed in both French and English.

Aboriginal Rights
➢ Section 25 of the Charter guarantees the existing rights of Aboriginal peoples (e.g. treaty
rights).
➢ Aboriginal issues are often argued in the courts. Some of the more common issues:
- Rights to hunt and finish
- Land claims
- Desire for self-government

Enforcing The Charter

Section 52 of the Constitution Act, 1982
➢ This section provides the courts and governments with these three remedies if legislation
is found to be unconstitutional
1. Strike down - a court ruling that a law violates Charter rights and it’s invalid.
2. Read down - a court ruling that a law violates Charter Rights and part of it needs
to be amended
3. Read in - a court ruling that a law needs to be amended, but the law remains
constitutional

Enforcing the Charter continued

Section 24 of the charter
➢ This section allows anyone who believes their rights have been infringed to apply to a
court for a remedy
➢ Infringed - violated or broken
➢ Remedy - a method for a person to enforce his/her rights in court
Courts and the Legislature
➢ Governments are elected to pass and change laws
➢ Our courts have the power to interpret these laws and decide whether or not they are
constitutional (Do they violate the charter?)
➢ Judicial activism occurs when judges put their own views and values into court
judgments

Oct 11, 2022

Considered one of the greatest landmark charter cases and why
R. v. Oakes [1986, London, ON]
➢ Charged with unlawful possession of a narcotic for the purpose of trafficking (8 one-gram
vials of hash oil and $600 cash) he claimed was for personal use.
➢ At the time of the trial, if a person was charged was found guilty of possession of drugs,
s. 8 of the Narcotic Control Act [NCA] placed the onus on the person charged to prove
there was no intent to traffic.
➢ Oaks challenged s. 8 of the NCA “reverse onus” which effectively presumed him guilty
and argued that it violated his innocence until proven guilty section of the Charter.
➢ S. 11[d]
➢ The trial judge agreed that his rights had been violated
➢ Ontario Court of Appeal agreed
➢ 9 SCC Judges agreed
➢ The court found that s. 8 violated s.11[d] of the Charter​
➢ The court then had to consider whether the gov’t could justify this violation under s. 1 of
the Charter
➢ S. 1 requires the government to show that the law in question is a reasonable limit on
Charter rights, which can be demonstrably justified in a free and democratic society
➢ The court ultimately found that the gov’t failed to satisfy s. 1 of the Charter and as a
result held that s.8 of the NCA was of no force or effect.

The Oakes Test or Proportionality Test

➢ Used to determine if a Charter violation is “reasonable” under section 1.
 ➢ The Oakes test is employed every time the government tries to defend a restriction on the
Charter rights of Canadians.

1. The government must establish that the law under review has a goal that is both “pressing
and substantial”. The law must be both important and necessary. Governments are
usually successful in the first step.
2. The court then conducts a proportionality analysis using three sub-tests.

Proportionality
➢ Is the law a proportional and balanced response to the problem it is trying to solve?
○ Is the law rationally connected to its purpose? If it is arbitrary or serves no logical
purpose, then it will not meet this standard.
○ Does the law impair the right or freedom as little as possible? A provision that
limits a Charter right will be constitutional only if it impairs the Charter right as
little as possible or is “within a range of reasonably supportable alternatives”

Significance:
R. v Oakes provided the court with the opportunity to Interpret the wording of s. 1 of the Charter
and to explain how it would apply to a case. The test is used by the government each time a
CHarter violation is found.

The Oakes case gives criteria for establishing whether a reasonable limit can be justified in a free
and democratic society.

Oct 18, 2022

Remedies for Charter Violations

➢ Section 24 gives people who believe their charter rights have been violated by the
government or its agencies, the right to challenge the government in court.
 ➢ “The charter does not have jurisdiction to protect your rights if discrimination or other
injustices do not involve the government, would have to use Federal and or Provincial
Human Rights Codes in these situations (ex: Ontario Human Rights Commission).

Exclude illegally obtained evidence from use in the trial:

Cases:
➢ R.v Collins
➢ No probable cause; too violent a search

➢ R.v Morelli
➢ Illegal search; search warrant was based on misleading information

Constitution Act, 1982 is the most powerful/supreme law

➢ If a law goes against the Charter (entrenched in Constitution), the court can:
Strike Down…
➢ A law so it is invalid and no longer in effect.
➢ Abortion law - required 3 doctor committee approval; unequal access across Canada; also
interfered with woman’s security of person
Read down..
➢ A law that is generally acceptable but a specific part of the law is invalid and thus
removed
➢ Oakes: trafficking - remove reverse onus
Read in…
- to law a change that allows the law to be upheld as constitutional
➢ Equality: sexual orientation..

Common Law (Precedents)

➢ Compensation - pay money to the victim of rights violation
➢ (Vindication, deterrence)
➢ Vancouver v Ward: $5000 for arrest and strip search.
➢ Reduced sentence
 ➢ Nasogaluak: Substantial injuries during the arrest.

Oct 27, 2022

Eyewitness Testimony
“The most well-meaning, honest and genuine eyewitness can, and has been, wrong.”
1. How much emphasis should the legal system place on eyewitness testimony?

2. What are some problems associated with eyewitness testimony?

3. What role do police and crime scene investigators play?

Eyewitness identification error is one of the primary contributors to wrongful convictions.

It was a contributing cause in 70% of convictions being overturned through DNA testing.
You are 1.4 times more likely to remember someone of your own race.

The eyewitness may be less confident if they are told that it’s unclear if the suspect is in the
lineup. They may also feel pressured. If witnesses decide under 20 seconds (shorter), it’s likely
going to be more accurate.

Jennifer Thompson & Ronald Cotton

Nov 14, 2022

Dimensions of a Crime
➢ Main source of criminal law in Canada: Criminal code. It describes which acts are
offenses and also explains their punishments.
➢ The Law Reform Commission has outlined 4 conditions that must exist for an act to be
considered a crime.
○ The act must be considered immoral by most Canadians
○ The act must cause harm to individuals and society.
○ Harm caused by the act must be serious in nature.
○ The person must be punished by the criminal justice system.
 ➢ Governments change laws to reflect the views of society… As societies change, so do
many laws.
○ When determining whether or not an act is “immoral”, the following terms are
important to understand
○ Legal: any action that does not harm others and is not against the law
○ Illegal: an action that is considered immoral; not legal but also not criminal
○ Criminal: an action that is considered immoral and potentially harmful to others;
included in the Criminal Code.

Categories of Offenses
➢ In Canada, there are 3 types of Criminal Offences which are classified and prosecuted
according to their severity.
○ Summary Conviction: a less serious criminal offense, also known as
misdemeanors (e.g. shoplifting)
○ Indictible: a more serious criminal offence with a severe punishment (e.g murder -
life imprisonment)
○ Hybrid: A criminal offense in which the crown decides how to treat the charge
(summary or indictable)

➢ Maximum penalties for summary, indictable, and hybrid offenses:

○ Summary: $2000 fine and/or 6 months in prison
○ Indictable: Life in prison
○ Hybrid: 2-10 years in prison
➢ There are 2 basic elements required for a person to be guilty of a crime:
○ Actus Reus - “a wrongful deed” or guilty act
○ Mens Rea - “a guilty mind” or the mental element
○ “Actus non facit reum nisi mens sit rea”
○ Latin phrase for “The act will not make a person guilty unless the mind is also
guilty”
○ * The crown has to prove guilt beyond a reasonable doubt, giving power of
decision and flexibility.
 ➢ A time limit to lay charges is known as a statute of limitations.
○ Summary: Charges must be laid within 6 months of the alleged incident
○ Indictable: No time limit or statute of limitations; charges can be laid several
years after the alleged incident
○ Hybrid: Depends on weather the case is tried as a summary or indictable
➢ Intention
○ Once a prosecutor establishes that an accused person physically committed the
crime (actus reus), they focus on proving what the accused’s intention or state of
mind was at the time of the offense (mens rea).
○ Common types of mens rea:
○ 1. Recklessness or Willful Blindness
○ 2. Knowledge
○ 3. Motive
○ 4. Attempt
○ 5. Conspiracy

Recklessness & Willful Blindness

➢ Recklessness is the careless disregard for the possible results of an action.
➢ Example - a person who knows they have a sexually transmitted disease has unprotected
sex with someone. They may not intend to hurt that person, but their actions are reckless.
(may or may not have intentions)

➢ Willful Blindness occurs when someone purposely ignores certain facts or information;
“turning a blind eye” to something.
➢ Example - Delivering an unknown package for a known drug dealer without asking what
is in it.

Knowledge and motive

➢ The knowledge of certain facts, or simply knowing something can lead to mens rea.
○ Example: Using credit card that you know is stolen
○ An accused’s reason for committing a certain act is his or her motive
 ○ This is not the same as knowledge and is considered circumstantial evidence, but
understanding why a person would commit a crime is helpful to police and can be
used effectively by a prosecutor.

Attempt & Conspiracy

➢ A person who intends or attempts to commit a crime but fails to complete it can still be
found guilty of a mens rea offense.
➢ Example - If Kramer tries to kill Elaine but fails to do so, he is still responsible for his
actions and is charged with attempted murder.
➢ An agreement between two or more people to commit a crime is a conspiracy.
➢ Todd and Margo plan to break into a house and steal jewelry.

Parties to an Offense
➢ It is possible to be a part of or to contribute to a crime, without directly participating in it.
➢ Being a party to an offense is also a crime:
○ Aiding or abetting
○ Accessory after the fact
○ Organized crime

Aiding or Abetting
➢ A person may be charged with aiding if they assist or help someone commit a crime.
➢ Example - Harvey robs a store while Michael keeps a lookout for the police. Michael can
be charged with aiding Harvey in this crime.
➢ The act of encouraging a person to commit a crime is known as abetting.
➢ Example - Rachel complains about how much she hates her boyfriend and Donna
encourages her to hurt him. Donna can be charged with abetting if Rachel actually hurts
her boyfriend. (applies in online behavior)

Accessory After the Fact

➢ If a person knows a crime has been committed but helps the person who committed the
crime escape or hide from the police, he or she may be charged as an accessory
 ➢ Example: Jerry kills someone and runs to his best friend George's house for help. George
gives Jerry some food, money, and the use of his car. George is an accessory after the fact
for helping Jerry evade the authorities.

Organized crime
➢ A group of three or more people with a common identity for criminal purposes are
considered organized crime.
➢ This typically includes street or biker gangs, but may also involve the mob, political
protesters, or even members of an online social network like Facebook.
➢ If a person helps to organize a gang-related offense, he or she may be found guilty of an
organized crime, or criminal organization offense.

Provincial Court - Criminal

➢ Arraigns the accused (reds charge, enters plea)
➢ Holds preliminary hearings for very serious indictable offenses
➢ Hears and tries summary conviction offenses and less serious indictable offenses (e.g.
theft under $5000)
➢ Judges are appointed by provincial governments

The Courts
➢ Outside of civil law, there are mainly five types of courts in Canada

1. Provincial Court - Criminal Division

2. Provincial Superior Court - Appeals & Trials
3. Provincial Court of Appeal
4. Federal Court
5. Supreme Court of Canada