Week 9 of 52 Ancestors in 52 Weeks has the prompt \”At the Courthouse\”. If you\’re new to Canadian research, it is important to know a little about the Canadian Court System to find the records you need.
There are two main court systems that genealogists concern themselves with. The Provincial/ Territorial Courts, and the Provincial Supreme Court (or Court of the Queen\’s Bench). The majority of records that genealogists look for will be in one of these two options. Of course, as with anything else, each province does things a little differently. So who covers what?
Newfoundland and Labrador
- Youth crimes
- Civil Court cases up to $25,000
- Criminal cases except Indictable Offenses (also known as Felonies in the American Court system)
- Inquiries of accidental or mysterious deaths or fires
- Family law (Adoption, Child Support, Paternity, Marriages not performed in a church, for example)
- Provincial Offenses
- Civil Court cases over $25,000
- Wills and Estates
- Divorce
- Guardianship of minors\’ personal affairs and finances
- Appeals of decisions from the Provincial Courts
- Criminal Cases of Indictable Offenses
- Wills and Estates
- All Family Law
- Small Claims Court
- More serious criminal cases
- Appeals from tribunals and the Provincial Court
The Prince Edward Island Court of Appeal handles the appeals from the other two courts.
- All criminal cases except Murder
- Inquiries into suspicious deaths
- Youth Justice Act
- Family Court matters outside the municipalities of Cape Breton and Halifax
- Small Claims Court handles civil cases under $25,000
- Provincial Offenses
- Murder cases
- Family law in the municipal districts of Cape Breton and Halifax
- Appeals from the lower Courts
- Divorce
- Bankruptcy
- Civil cases over $25,000
- Youth Criminal Justice
- Criminal matters except murder
- Provincial offenses
- Murder cases
- The Family Law division handles all matters relating to Family Law
- Appeals of the Provincial Court
- All Civil cases
- Youth Criminal Justice
- Adoption
- Welfare of Minors
- Appeals of other Courts
- Family Law
- Bankruptcies
- Civil cases over $70,000
- Jury Trials in Criminal matters
- Wills and Estates
- Family law is practiced in the Family Court
- Most criminal cases are tried in the Criminal Court
- Provincial offenses
- Child Protection
- Adoptions
- Youth Criminal Justice
- Appeals from lower Courts
- Serious Criminal Matters
- Wills and Estates
- Bankruptcy
- All civil matters. If under $25,000 it is handled through the Small Claims Court
- All Family Law not covered by the Ontario Court of Justice
- Divorce
The Court of Appeal for Ontario handles appeals from all lower courts.
Manitoba
The Provincial Court of Manitoba has jurisdiction over almost all criminal matters. Outside of Winnipeg, they also handle a limited amount of Family Law.
The Court of Queen\’s Bench has 2 divisions:
The General Division deals with criminal and civil litigation matters. The also hear appeals from the Provincial Court.
The Family Division handles all cases pertaining to Family Law and Child Welfare.
The Court of Queen\’s Bench is also where Wills and Estates are handled.
The Manitoba Court of Appeal handles the appeals from the lower courts.
Saskatchewan
The Saskatchewan Provincial Court has jurisdiction over the following:
- Most criminal cases
- Civil cases up to $30,000
- Some Family Law matters, but only those outside Regina, Saskatoon and Prince Albert
- Traffic and municipal laws
- The most serious criminal cases
- Civil cases over $30,000
- Divorce and division of assets
- Custody and access to children
- Wills and Estates
- Appeals from the Provincial Court
- Most of the criminal cases
- Most civil cases under $50,000
- Child support, custody and access
- Spousal support
- Guardianship
- The most serious criminal offenses
- Civil cases over $50,000
- Divorce and division of property
- Wills and Estates
- Appeals from the Provincial Court
- Child Welfare
- Child custody and access
- Adult guardianship
- Spousal and child support
- Civil claims $5,001 to $35,000
- Most criminal cases
- Youth Criminal justice
- Provincial and municipal offenses
- Appeals from the Provincial Court
- Civil claims over $35,000
- Divorce and Division of Property
- Adoptions
- Wills and Estates
- Most criminal cases
- Youth Justice cases
- Child protection
- Civil cases under $25,000
- Appeals from the Territorial Court
- The most serious criminal cases
- Divorce and division of property
- Custody and Access
- Child and spousal support
- Wills and Estates
- Most criminal cases
- Territorial offenses
- Child protection
- Custody and Support
- Civil cases up to $35,000
- Appeals from the Provincial Courts
- More serious criminal cases
- Divorce
- Wills and Estates
- Civil cases over $35,000