Three Levels of Court in Alberta
There are three levels of Court in Alberta:
Court of Alberta
In Alberta, the Court of Alberta has five (5) categories of issues. The divisions are:
Locations of Courts in Alberta
The Court of Alberta is located in most towns and cities throughout Alberta. All five divisions of the Court of Alberta take place in Calgary and Edmonton on a permanent basis. In various smaller centres, such as Red Deer, Lethbridge and Medicine Hat, the divisions take place as part of a circuit or rotation. Check https://albertacourts.ca/ for the location and times of any of the divisions of the Court of Alberta.
Divisions of Provincial Court in Alberta
(a) Criminal Division
The largest division of the Provincial Court is the Criminal Division. Most criminal prosecutions in Alberta start in Provincial Court. The Criminal Division handles:
In the Criminal Code of Canada, there are three classifications of criminal offences; (1) indictable offences, (2) summary convictions and (3) hybrid offences. Indictable offences are the most serious of criminal offences. These offences include such crimes as: murder, terrorism, robbery, and drug trafficking. Summary convictions are offences that are less serious. Most offences are hybrid offences. These offences can either be prosecuted as summary or indictable offences. Examples of hybrid offences include: assault, sexual assault, fraud under $5000.00, and theft under $5000.00.
For hybrid offences, an accused person can choose or elect to have their matter heard in a particular court. If the accused elects to be prosecuted in the Court of King’s Bench, a Provincial Court Judge will first hold a preliminary inquiry to determine whether there is sufficient evidence to warrant holding a trial.
The Family Division of the Court of Alberta deals with a wide variety of family legal issues, including:
The Youth Division of the Provincial Court deals with Criminal Code offences committed by individuals between the ages of 12 and 17 years (inclusive). In exceptional cases, a young offender may be tried as an adult in the Court of King’s Bench or the Court of Alberta, Criminal Division.
The Civil Division of the Court of Alberta hears civil claims involving a dispute of $50,000.00 or less. A claim involving an amount over $50,000.00 must be heard in the Court of King’s Bench. If a person has a claim for more than $50,000.00 they may proceed with the action in Court of Alberta; however they must abandon the excess and can only recover a maximum of $50,000.00.
The Traffic Division of the Provincial Court deals with traffic violations and breaches of municipal bylaws, provincial statutes and a few federal statutes.
Alberta Court of King's Bench
The Court of King’s Bench is the Superior Trial Court in Alberta. This Court hears civil claims and criminal cases that are beyond the jurisdiction of the Court of Alberta. For example, if an accused in a criminal case elects to proceed with their trail in the Court of King’s Bench.
In the Court of King’s Bench, cases can be heard with a jury or by a Judge alone.
The Court of King’s Bench is also an Appeal Court. This means that the Court hears appeals from Court of Alberta decisions. An appeal is when a person asks for a court decision to be reviewed and remade by another Court. For example, if a person is convicted of assault (summary conviction) in the Court of Alberta, Criminal Division, they could appeal the conviction in the Court of King’s Bench.
Alberta Court of Appeal
The Court of Appeal is an appellant court only. The Court of Appeal does not hear trials; it only deals with appeals of civil or criminal cases. This means that the Court only hears arguments made by lawyers on points of law that concern a previous decision of a lower Court.
A decision of the Court of Appeal can be appealed to the Supreme Court of Canada. In most cases, a party must seek the permission of the Supreme Court before it will hear the appeal.
Legal Representation in Alberta Courts
A person is entitled to be represented by a lawyer or an agent in Court of Alberta. An agent can include a person who is acting on your behalf, but is not a lawyer.
Only a lawyer can represent a person in the Court of King’s Bench.
Any individual may represent themselves in either Court; however if a matter is serious they may be encouraged by the Court to get a lawyer. If you are unsure whether you need legal representation, speak with a lawyer.
Federal Courts of Canada
In addition to courts within Alberta, there are Federal Courts that deal with matters outside the territorial jurisdiction of Alberta.
The Federal Court of Canada hears matters outside the territorial jurisdiction of any province. The Court has a Trial Division and an Appeal Division. Legal action taken against the Government of Canada is heard by the Federal Court. Federal Court of Appeal decisions are appealed to the Supreme Court of Canada. The Federal Court hears matters, including:
Matters are first heard in the Federal Court Trial Division. A decision can then be appealed to the Federal Court of Appeal.
Supreme Court of Canada
The Supreme Court of Canada is the highest court in Canada. The Court is located in Ottawa, Ontario and has nine (9) judges appointed by the Prime Minister. In order for an appellant matter to be heard in the Supreme Court, permission must be granted by the Court itself. The Court only hears a small portion of the matters for which permission is sought.