Provincial Court judges sit alone, never with a jury. The Supreme Court also deals with murders committed by adults. If the accused person is charged with an indictable offense a more serious crime such as manslaughter or kidnapping, the accused has the right to choose to have a trial in Provincial Court or Supreme Court and if they want a jury. To learn more, see Crime. The Provincial Court hears virtually all criminal cases involving youth from ages 12 to 17, and that includes a charge of murder.
Children under 12 cannot be charged with a criminal offence. The YCJA requires that youth be treated separately from adults. When dealing with youth, there must be an emphasis on:. To learn more about youth and crime, see Young Offenders. The Provincial Court of BC hears about half of all family matters in the province. Most of the family cases are about separation. Cases involving divorce, adoptions or the division of family property are heard in BC Supreme Court. Family Court helps families solve problems when children have been neglected or abused or when there are issues arising from a family breakup.
The large majority of family disputes get resolved by an agreement between the parties that is developed with the help of lawyers and encouraged by court resources such as parenting education courses, meetings with family justice counsellors and mediation services. To learn more, see the Legal Help Guides for Family.
With a few exceptions, the Provincial Court hears most kinds of civil disputes, such as claims for debt or damages, construction disputes, personal injury claims, recovery of personal property or enforcement of agreements or contracts involving personal property or services.
Claims such as builder's liens, bankruptcy, wills and estates, libel or slander, or suing the federal government all have to be heard in Supreme Court.
These courts encourage constructive, non-adversarial techniques to resolve issues, and provide access to support services through community organizations. These services typically include such programs as parent-education sessions, mediation, and counselling.
Each province and territory also has a court of appeal. These can include commercial disputes, property disputes, negligence claims, family disputes, bankruptcies, and corporate reorganizations. Appeals are usually heard by a panel of three judges. The courts of appeal also hear constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies.
You will not receive a reply. For enquiries, please contact us. How the Courts are Organized Previous Page Table of Contents Next Page Each type of court has its own jurisdiction, which means that it has the authority to decide specific types of cases. Provincial and territorial lower courts: These courts handle most cases that come into the system. They are established by provincial and territorial governments. Provincial and territorial superior courts: These are courts of plenary, or complete, jurisdiction established under section 96 of the Constitution Act, They deal with more serious crimes and also hear appeals from provincial and territorial courts.
The Federal Court is on the same level, but is responsible for deciding civil matters assigned to it by statute, such as immigration and patents. Provincial and territorial courts of appeal and the Federal Court of Appeal. The Provincial Court has jurisdiction legal authority to deal with the following types of cases:.
The Provincial Court has exclusive jurisdiction in all summary conviction trials and hears all indictable matters where the accused does not choose to be tried in the Supreme Court.
In criminal cases, Provincial Court judicial justices and judges conduct bail hearings; Provincial Court Judges conduct trials where an accused person pleads not guilty and they sentence people who plead guilty or who are found guilty at a trial. In Youth Court, Provincial Court judges deal with young persons aged 12 to 18 who are charged with criminal offences, applying the Criminal Code and the special procedures for young people established by the Youth Criminal Justice Act.
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