Provincial Court of British Columbia
Encyclopedia
The Provincial Court of British Columbia (BC Provincial Court) is a trial
level court
in British Columbia
that hears cases
in criminal
, civil
and family
matters.
The Provincial Court is a creation of statute
, and as such its jurisdiction
is limited to only those matters over which is permitted by statute. It has no inherent jurisdiction
, other than to the limited degree in which it may control its own procedures. Its caseload falls into one of four main categories: criminal and youth
matters; family
matters; small claims
matters; and traffic
and bylaw
matters.
In criminal matters, it is a trial court for all summary conviction offences. For indictable
criminal offences, it can be a trial court if an accused person
elects to have his or her trial in that court. When an accused charged with an indictable offence elects trial by a superior court
(the British Columbia Supreme Court), his preliminary inquiry will be held in the Provincial Court. The court will also deal with bail
applications on most criminal charges except murder
and a select few other offences. It is also designated as the Youth
Justice
Court under the Youth Criminal Justice Act
of Canada
.
In civil matters, the Small Claims division of the court is limited to claims for debt
or damages
up to $25,000, or where the claimant agrees to abandon his or her claim for any amount in excess of $25,000. The Provincial Court also has limited family law jurisdiction, except for divorce
proceedings and the division of matrimonial property
. The Supreme Court of British Columbia
shares jurisdiction over all matters that may be heard by the Provincial Court, except where exclusive jurisdiction
may be conferred by statute on the Provincial Court.
Judges of the Provincial Court are appointed by the provincial cabinet
, on recommendation of the Attorney General
. In court, judges are referred to as "Your Honour".
All courts in the Province of British Columbia display the Arms of Her Majesty in Right of the United Kingdom
, as a symbol of its judiciaryhttp://www.courts.gov.bc.ca/index.asp.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
level court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
that hears cases
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and family
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
matters.
The Provincial Court is a creation of statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, and as such its jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
is limited to only those matters over which is permitted by statute. It has no inherent jurisdiction
Inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal...
, other than to the limited degree in which it may control its own procedures. Its caseload falls into one of four main categories: criminal and youth
Youth
Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
matters; family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
matters; small claims
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
matters; and traffic
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
and bylaw
Bylaw
By-law can refer to a law of local or limited application passed under the authority of a higher law specifying what things may be regulated by the by-law...
matters.
In criminal matters, it is a trial court for all summary conviction offences. For indictable
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
criminal offences, it can be a trial court if an accused person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
elects to have his or her trial in that court. When an accused charged with an indictable offence elects trial by a superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
(the British Columbia Supreme Court), his preliminary inquiry will be held in the Provincial Court. The court will also deal with bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
applications on most criminal charges except murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and a select few other offences. It is also designated as the Youth
Youth
Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Court under the Youth Criminal Justice Act
Youth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
In civil matters, the Small Claims division of the court is limited to claims for debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
or damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
up to $25,000, or where the claimant agrees to abandon his or her claim for any amount in excess of $25,000. The Provincial Court also has limited family law jurisdiction, except for divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
proceedings and the division of matrimonial property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. The Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
shares jurisdiction over all matters that may be heard by the Provincial Court, except where exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
may be conferred by statute on the Provincial Court.
Judges of the Provincial Court are appointed by the provincial cabinet
Executive Council of British Columbia
The Executive Council of British Columbia is the cabinet of that Canadian province....
, on recommendation of the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. In court, judges are referred to as "Your Honour".
All courts in the Province of British Columbia display the Arms of Her Majesty in Right of the United Kingdom
Royal coat of arms of the United Kingdom
The Royal coat of arms of the United Kingdom is the official coat of arms of the British monarch, currently Queen Elizabeth II. These arms are used by the Queen in her official capacity as monarch of the United Kingdom, and are officially known as her Arms of Dominion...
, as a symbol of its judiciaryhttp://www.courts.gov.bc.ca/index.asp.