INTRODUCTION

The basic role of courts in Canada is to help people resolve disputes fairly and with justice, whether the matter is between individuals or between individuals and the state. In the process, courts interpret and establish law, set standards, and raise questions that affect all aspects of Canadian society.

It is worth noting that most disputes do not in fact end up in the courts at all. People tend to settle their differences informally – through alternative dispute resolution, for instance, or before boards and tribunals – though often with the idea of "going to court" in the background. Even when things never get to court, the courts influence people's choices and actions. Court decisions provide guidance on what is acceptable conduct and on the nature and limits of the law.

Canada's system of courts is complex – like the society it serves. There are several levels and types of court, and questions of jurisdiction can be difficult to sort out, especially since courts that share the same functions may go by different names. Both the federal government and the provincial and territorial governments pass laws, and they also share the administration of justice, but the relationship is not simple. For instance, the provinces and territories are responsible for providing everything necessary for their courts, from building and maintaining the courthouses, to providing staff and resources such as interpreters, court reporters to prepare transcripts, sheriffs, and registry services, to paying provincial/territorial court judges; yet the judges for the superior courts are appointed and paid by the federal government. Administration of the Supreme Court of Canada and federally created courts is the responsibility of the federal government.

The pages that follow focus mostly on the structure of the system – on how the courts are organized and how the various elements relate to one another. A final section looks at some of the principles and institutions that help keep Canada's court system fair and efficient.