NCJ Number
69172
Date Published
1979
Length
14 pages
Annotation
THE COURT SYSTEM OF ALBERTA, CANADA, IS DESCRIBED; TOPICS INCLUDE TYPES OF COURTS, TYPES OF CASES, THE JUDICIAL PROCESS IN CIVIL AND CRIMINAL MATTERS, AND PERSONNEL RELATED TO THE COURT.
Abstract
THE COURTS OPERATING IN THE PROVINCE OF ALBERTA ARE THE COURT OF APPEAL OF ALBERTA, THE COURT OF QUEEN'S BENCH OF ALBERTA, THE SURROGATE COURT OF ALBERTA, AND THE PROVINCIAL COURT OF ALBERTA. THE LATTER INCLUDES THE CRIMINAL, FAMILY, JUVENILE, AND SMALL CLAIMS COURTS. CRIMINAL CASES INVOLVE OFFENSES AGAINST THE CRIMINAL CODE OF CANADA. THE WAY THEY ARE TRIED DEPENDS UPON THE SERIOUSNESS OF THE OFFENSE OR THE REQUEST OF THE ACCUSED. CIVIL CASES, WHICH ARE TRIED IN THE COURT OF THE QUEEN'S BENCH OF ALBERTA, INVOLVE PROPERTY, FINANCIAL MATTERS, CONTRACTS, AND DAMAGE ACTIONS. ALBERTA IS DIVIDED INTO 12 JUDICIAL DISTRICTS, WITH COURT FACILITIES AT A JUDICIAL CENTER WITHIN EACH DISTRICT. THE COURT OF APPEAL OF ALBERTA IS THE HIGHEST COURT IN THE PROVINCE. IT IS NOT A TRIAL COURT. THREE JUDGES FROM THIS COURT HANDLE APPEALS OF PERSONS WHO ARE DISSATISFIED WITH THE JUDGMENT OF A TRIAL JUDGE. THE SURROGATE COURT OF ALBERTA DEALS WITH THE PROCESSING OF THE ESTATES OF THE DECEASED. THE PROVINCIAL COURT OF ALBERTA IS A CRIMINAL COURT WHERE ALL CRIMES ARE FIRST HEARD. PROVINCIAL COURT IS HELD IN MORE THAN 100 CENTERS. IN ALBERTA CRIMINAL OFFENSES ARE DIVIDED INTO MAIN CATEGORIES. SOME OFFENSES, CLASSED AS SUMMARY CONVICTION, ARE LESS SERIOUS AND MAY HAVE A PENALTY OF UP TO $500 OR 6 MONTHS IN PRISON. INDICTABLE OFFENSES ARE MORE SERIOUS AND CARRY PENALTIES RANGING FROM DISCHARGE TO LIFE IMPRISONMENT. NINE JUDGES ARE IN THE COURT OF APPEAL; ONE OF THEM IS THE CHIEF JUSTICE. A MINIMUM OF THREE JUDGES IS NECESSARY TO HEAR AN APPEAL. THE 88 JUDGES OF THE PROVINCIAL COURT ARE APPOINTED. PROVINCIAL COURT JUDGES HAVE SPECIAL JURISDICTION TO HEAR CASES INVOLVING FAMILY AND JUVENILE MATTERS. A MAP, CHART, AND GLOSSARY ARE INCLUDED.