Procedures on ExcellentWiki - Legal Encyclopedia

Appellate Procedure in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Appellate procedure governs the process by which decisions of lower courts are reviewed by higher courts. In Canada, the appellate system is hierarchical, with provincial Courts of Appeal and the Federal Court of Appeal sitting as intermediate appellate courts, and the Supreme Court of Canada as the final court of appeal. The appellate process is governed by a combination of statutes, rules of court, and common law principles.

The Appellate Court Structure

Provincial Courts of Appeal

Each province and territory has a Court of Appeal (called the Court of Appeal for…) that hears appeals from:

Civil Procedure in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Civil procedure governs the conduct of litigation in civil courts, providing the rules and processes by which civil disputes are adjudicated. In Canada, civil procedure is primarily a provincial responsibility under the division of powers, with each province and territory having its own rules of court. The Federal Court has its own procedural framework. Despite provincial variation, Canadian civil procedure shares common features rooted in the English common law tradition.

Class Actions in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Class actions (or class proceedings) allow a single person or entity to sue on behalf of a group of persons who share common legal issues. Canadian class actions have grown significantly since the enactment of class proceedings legislation in Ontario (1993), Quebec (1978), and subsequently all other provinces and the Federal Court. The class action serves the three goals of access to justice, judicial economy, and behaviour modification (deterrence of mass wrongdoing).

Criminal Procedure in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Criminal procedure governs the process by which the state investigates, prosecutes, and adjudicates criminal offences. In Canada, criminal procedure is primarily governed by the Criminal Code (Part XX, sections 469–840) and the Canadian Charter of Rights and Freedoms, which imposes constitutional standards on every stage of the criminal process from investigation to appeal.

Investigation and Arrest

The criminal process typically begins with police investigation. The Charter imposes significant constraints on police powers:

Evidence in Civil Proceedings (Canada)

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The law of evidence governs the proof of facts in judicial proceedings. In Canadian civil litigation, evidence law determines what material may be presented to the court, how it may be presented, and what weight it carries. The law of evidence in civil cases differs from criminal evidence in several respects, including the burden and standard of proof, the treatment of privilege, and the rules for expert evidence.

Sources of Evidence Law

Evidence law in Canada derives from:

Sentencing in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Sentencing is the judicial process by which a court imposes a sanction on an offender following a conviction. In Canada, sentencing is governed by Part XXIII of the Criminal Code (sections 716–761), which sets out the purposes, principles, and objectives of sentencing, and the range of sentences available. The Canadian Charter of Rights and Freedoms imposes constitutional limits on sentencing through section 7 (fundamental justice), section 9 (arbitrary detention), section 12 (cruel and unusual punishment), and section 15 (equality).