How does the level of court relate to the importance of the case?

In Canadian law, the level of a court reflects not just its place within the court hierarchy, but also the significance or impact of the cases it hears. Below are the respected courts and how their jurisdiction varies:

Lower Courts or Provincial/Territorial Courts: These courts are the ones that are seen as primary responders to legal issues. Decisions made within these courts are  typically based on existing laws and precedents rather than developing new theories of law. They handle a variety of cases, including most criminal charges, family law (excluding divorce), traffic tickets, and minor claims.

Superior Courts (or Supreme Court in some provinces): These courts have the authority to hear larger cases with more stakes involved. This includes criminal cases, large financial disputes, and family law actions such as divorce and property division. Decisions made at this level can have an impact on future cases as it can be used as a precedent. 

Courts of Appeal: Each province and territory within Canada has its own Court of Appeal. There are also federal Court of Appeals These courts examine lower-court decisions (courts mentioned above) to ensure that the law was accurately implemented. They do not retry cases, but instead examine legal arguments to see if errors occurred. Court of Appeal decisions are extremely important and powerful  as they establish precedents and examples for lower courts to follow.

Supreme Court of Canada: The final court of appeal is located at the highest level of the system. Its rulings are of the utmost significance since they have the authority to resolve legal issues of national importance. When the Supreme Court rules on a legal issue, it becomes binding on all courts in Canada. This means that Supreme Court decisions change the legal environment by influencing how laws are read and applied across the country. Rulings in the Supreme Court of Canada can be used as precedents within all other courts. 

As the court hierarchy ascends, the complexity of issues and regulations also rises. Cases at higher levels serve as legal precedents, accessible on CanLii, aiding in building one’s case. Meanwhile, lower court cases provide insight into the workings of the legal system, emphasizing adherence to laws and regulations rather than relying solely on case law precedents. A decision from a higher court on an issue weighs more heavily than a decision from a lower court.

 

What is a “common law system”?

In Canada, our legal foundation is based on the “common law system,” a system that has been used for centuries and was brought over from England. Under this system, laws are developed through judicial decisions in court cases. This allows the law to be growing as society changes and evolves. Judges use previous rulings (precedents) in similar circumstances to guide their conclusions, while factoring in the novel conditions of each case. As a result, these decisions form a body of law that can be used to resolve future conflicts.

In contrast to the “civil law system,” which is mostly based on laws established by governments rather than judicial decisions, Canada primarily uses the common law system. However, it is important to note that Quebec uses a civil law system for private concerns. In our common law system, case law and court decisions, as well as legislation, all play a crucial part in shaping future court rulings. 

What is a precedent? How is the law “developed vertically”?

Canada’s “common law system” means that decisions can be determined by previous court decisions, rather than just established laws issued by the government. A “precedent” is a court decision that acts as an example for future comparable cases. Law “develops vertically” when higher courts establish precedents that lower courts must follow.

What is “binding” case law and how does it relate to the hierarchy of courts?

Case law that is deemed “binding” refers to decisions made by courts which lower courts within the same legal system must follow. The Supreme Court of Canada is at the top of the legal hierarchy, then comes the Court of Appeals, Supreme Court and the Lower Courts. Courts that are higher on the hierarchy, establish a standard that lower courts are obligated to adhere to which promotes uniformity with court rulings across all levels. 

What is “persuasive” case law?

Persuasive case law, are examples of court rulings that have impact but are not required for a court to follow. These decisions may come from different jurisdictions or lower courts. They can provide useful reasoning or insight. However, it is vital to remember that the court is not required to follow persuasive case law as with binding case law. Instead, they serve as guidelines rather than hard requirements.

What is legislation? Why do you need to know if legislation is federal or provincial?

Legislation includes laws passed by governmental entities such as Parliament or provincial legislatures. It is critical to understand whether these laws are federal or provincial since it determines the governing authority. Federal laws apply across Canada, whereas provincial laws are limited to certain provinces. This difference can determine if a certain law or precedent is valid for your situation.

How do operators work? Example quotation marks (“”) 

Operators in searches help refine your results. For example, quotation marks (“”) around a phrase tell the search engine to look for the exact phrase inside the quotes. So, if you search “climate change”, it searches for pages where “climate” and “change” appear together in that order, not pages where they appear separately or in a different order. This helps you find more specific information.

How does the operator “AND” work in searches?

When using legal databases and trying to find relevant case law, it is important to know how to do a search. When you search in databases or search engines using multiple words without any connectors, the default behavior is to treat it as if there’s an “AND” between each word. This means the search results will only show pages that contain all the words you typed, not just any one of them. So, if you search “apple banana”, it’s like searching “apple AND banana”, showing only results that have both words.

What is a legal citation? What information does it provide?

A legal citation is a way to reference a document such as a court ruling, statute or a journal. This provides information on the information you are sourcing so that individuals are able to find it. Some examples of information included: 

• The name of the case or law
• The year of the decision or publication
• The volume and page number of the reporter (a book or database where the decision or law is published)
• The court that made the decision (for cases)

 

What is an in-text citation?

An in-text citation is when within a legal document there are references to other legal documents, court ruling, or statute. This offers a consistent approach to reference external information within cases. 

What is a “headnote”?

This piece of text is usually found at the start of a legal document/decision and it highlights the key points of the decision which usually includes the facts, issues addressed and the outcome. It is not a section of the official judgment but it helps readers quickly understand what the case is about. 

It is important to follow these detailed steps to conduct effective searches on CanLII:

Key Words: Start by using keywords related to your matter. If you’re researching tenant rights, kick off with “tenant rights.”

Operators: Employ quotation marks around phrases, like “statutory limitation period” to search for that exact phrase and get accurate results.

Logical AND: Remember spaces between words act as an AND.” When searching for “tenant rights Ontario ” you’re looking for documents that contain all three words, not necessarily as a phrase.

Refining your search: Enhance your search by utilizing terms and expressions relevant to your situation. For instance use “equalization of assets” for family law inquiries.

Search by Jurisdiction: Focus your search on a jurisdiction ( provincial) applicable to your case to narrow down the results. This ensures the information pertains to the area governing your concern.

Utilize Filters: Make use of filters in databases to refine results based on jurisdiction, date, court level and more. Utilize these options to pinpoint the documents.

Read Headnotes and Legal Citations: When you come across a case read the headnote for a summary. Check out the citation for details such as court information and decision date.

Relevance and Experimenting: Remember to verify the relevance and current status of the legislation and cases you come across to ensure they have not been overturned or modified. It’s essential for keeping your research current. Also be open to trying out keywords, operators and filters if you do not immediately find what you’re looking for. Take time to review your search outcomes, refine your search terms accordingly and conduct searches as required.

Using these steps it is possible to conduct your own legal research to find precedent and case law to support your situation.