Differences between Federal and Provincial Courts in Canada

There are four levels of courts in Canada; Provincial Court, Court of King's Bench, Court of Appeal, and Federal Courts. However, each court is different from the others.

If you're facing a criminal charge in Canada, the least you can do is understand how courts in Canada are organised. You may not be in a position to understand this subject without a legal background, but we've got you covered. A top criminal attorney in Toronto can help!

Differences Between Canadian Courts

Canadian Courts are differentiated by many features; how they operate, jurisdiction, and more.

1. Jurisdiction

The jurisdiction of a court refers to the authority to decide, preside, or adjudicate a legal matter. How does the jurisdiction of the different courts in Canada differ? 

While all courts can preside over most criminal cases in Canada, only the federal courts can adjudicate certain crimes, such as: 

• Tax evasion or Social Security fraud;
• Crimes committed on land or property belonging to the federal government;
•  Interstate (cross border) crimes, and
• International commerce crimes 

2. Legal Representation 

Not all lawyers can represent you in all courts. While your lawyer may represent you in a lower court, they may not be able to offer legal representation in a federal court. In other words,.you may have to hire another lawyer if your current attorney isn't qualified to practise in a federal court.

Additionally, your defence attorneys must be qualified to practice where you've been charged. The bottom line is that not all criminal defence attorneys can practice in federal courts.

3. Rules and Procedures 

Rules and procedures can vary between the different courts, especially in regard to:

•  Investigatory procedures, 
• Discovery, 
• Motions, and others. 

It would help if you only worked with a defence attorney who understands the rules and procedures of the adjudicating court. The rules and procedures can vary in lower courts, but they don't in the federal courts.

4. Prosecutors

Federal prosecutors play a more prominent role compared to prosecutors in the lower courts. A case filed by a federal prosecutor is typically hard to defend because they do their homework well. 

In other words, federal prosecutors have sufficient evidence against defendants, meaning most criminal cases go to trial. On the other hand, a State prosecutor will evaluate your case after you've been arrested and charged.

5. Case Adjudication 

The judges who preside in the different courts in Canada are different. Federal magistrate judges handle matters in federal courts after a suspect is arrested, indicted, or in response to court motions.

6. Court Schedules

The schedules for the different courts can vary considerably. For instance, federal judges handle fewer cases than judges in lower courts. 

Why? Because lower court judges preside over many cases in a single hearing, unlike their counterparts in federal courts. In simple terms, lower court judges have a bigger workload than federal judges.

7. Bail

In lower courts, such as the provincial courts, bail and bond are affordable, and the payment process is easy. On the other hand, you'll need to post large sums to secure release in federal courts. 

Federal court defendants may also be subjected to other conditions, including:

• Pretrial release conditions;
• Supervision by a court officer;
• Reporting to pretrial services, and
• Following strict rules imposed by the federal court. 

A GPS ankle monitor may also be recommended in the following instances: 

• If the accused is considered a flight risk by the court;
• If the defendant poses a danger to the community, or 
• If the defendant has foreign connections.

8. Juries

The jury is sourced from different jury pools in federal courts, while juries in lower courts come from the district where a trial is to be held. Federal jurors can reside anywhere as long as they're within the larger federal jurisdiction. 

9. Types of Sentences and Punishments 

The most distinguishing and cited difference between Canadian courts relates to punishments and sentences. Defendants in lower courts typically risk penalties or incarceration. On the other hand, federal sentencing guidelines, plus other federal laws, are used by federal judges. 

The disadvantage of most federal laws used in conjunction with the federal sentencing guidelines is that they are overly harsh and archaic. For instance, mandatory and enhanced sentences are usually lengthy. 

10. Post-Conviction

Like initial charges and sentencing, post-conviction issues in different Canadian courts can vary significantly. The main differences relate to procedures for motions and post-conviction reliefs. 

Additionally, federal court defendants face extreme supervisory conditions, varying with the seriousness of the underlying offence and criminal history.

Provincial Court, Court of King's Bench, Court of Appeal, and Federal Courts can differ in court structure, rules, procedures, and law enforcement agencies involved. That said, you should work with lawyers who understand the court system of the presiding court.