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A democracy is a society based on the anvils of law and order. A court of justice is entrusted with upholding justice in its jurisdiction.
The Ontario Court of Justice is where the law works in Ontario. It also carries the responsibility of checking the legality of the laws drawn up by the executive and legislative bodies of government.
Judicial officials act freely with the sole motive of providing justice to the people of Canada.
If you are interested in significance, history and functionality, we got you covered; below, we go into deep dive into it.
Let’s begin, shall we?
Jurisdiction Of The Ontario Court Of Justice
Ontario Court of Justice is the provincial court of Ontario. A provincial court can be understood as a lower court with limited jurisdiction.
Such courts are common in the province of Ontario and other similar provinces and territories of Canada.
The courthouse aims to serve the reach of justice to the common people in any far-flanged area of the county, village, or town in Canada. The Ontario court of justice sits at more than 200 sites in Ontario.
The court of previously known as the Ontario court. The court got its present name in the year 1999.
Structure of The Ontario Court of Justice
The Court of Ontario combines both the Superior court of justice and the Ontario court of justice. Above both two, there is the Court of Appeal for Ontario.
The Ontario court of justice is inferior to or subordinate to the Superior court.
The essence of this relationship between the superior and inferior courts is that any decision made by the Ontario courts is subject to the scrutiny of the superior court.
The parties in the case can appeal to the superior court if they are unsatisfied with the Ontario court of justice’s rulings.
The authority and jurisdiction of the courts make them responsible for the hearings in matters of family law, criminal law, and other provincial offences.
Family Law Cases
Under family law, the Ontario court of justice makes hearings on child matters.
It hears matters regarding child custody, support, and access. The power of the Ontario court of justice in this regard is limited if these issues had been part of the divorce application.
A judge hears proceedings of family law cases of the court. Any appeal originating from the court proceedings of a family matter case has to be heard by the superior court of justice.
Criminal Law Cases
The Ontario justice law deals with most criminal cases in the Ontario province of Canada.
It also carries responsibilities about matters related to other aspects of criminal law. The court often initiates preliminary inquiries to judge the importance of the case.
The court of justice also conducts court proceedings in authorizing search warrants, bail hearings, and issuance of peace bonds.
The criminal law cases of the Ontario court of justice are as per sections 515 and 810 of the Criminal Code.
Functioning Of The Ontario Court Of Justice
The Ontario Court Of Justice has 248 judges and 345 justices. The court has concluded hearings on millions of provincial offences and more than many family law proceedings.
It also passes judgment on matters of criminal law offences. The Ontario court of justice has made over 25,000 successful hearings in family law matters.
These issues include custody and the protection of the child. They also include adoption issues, access, and guardianship of the child. These hearings in the courthouses of Canada also decide the child’s financial assistance.
The Ontario court of justice acts at a fixed site in every major district of Ontario. The judge, the lawyer, the counsel, the parties, and other court users of the case need to reach the courthouse location for their in-person appearance in the case.
A person’s appearance is usually customary in the Ontario court of justice proceedings.
The Ontario Ministry of Justice selects the justices of the Ontario court of justice. These appointments are based on the recommendations of the judicial appointments advisory committee.
Chief Justice Of The Ontario Court Of Justice
The president of the Ontario Court of Justice is formally called the chief justice.
The Lieutenant Governor makes his appointment to the province. A provincial judge can be installed to the position of the province’s chief justice on the advice of the Attorney General of Ontario.
The Ontario court of justice chief commands respect for their position. The position of the chief justice is created as a nodal person in the court’s administration.
Who oversees and regulates the proceedings of the courthouse sessions. This constitutional office assigns the position to other judges in Ontario. The Chief Justice runs the administration of courts in Ontario.
Associate Chief Justice of the Ontario Court of Justice
Associate Chief Justice of the Ontario Court of Justice is the deputy to the Chief Justice. Suppose the Chief Justice is outside Ontario or on leave or unable to act due to any circumstance.
In that case, the Associate Chief Justice performs all his official duties, and the court continues.
The appointment of an associate Chief Justice is on the recommendation of the Attorney General of Ontario. The Associate Chief Justice has a single term of six years.
The Ontario Ministry of Justice also plays a crucial part in their appointment.
Associate Chief Justice-Co ordinator to Justices Of The Peace
Like the Associate Chief Justice, an Associate Chief Justice-Co ordinator to Justices Of Peace is appointed by the Lieutenant Governor on the advice of the Attorney General of Ontario.
The Attorney General is, in turn, advised by the judicial appointments advisory committee.
The Associate chief justice-Co ordinator to justices of the peace is tasked with the Ontario native justice of the peace program. The coordinator of the justices of peace has a single term of six years.
Regional Senior Justice
The province of Ontario in Canada is divided into seven different regions for ease in judicial administration. These regions have their senior regional judge and senior regional justice of the peace.
Their appointment is made by the Lieutenant Governor of Ontario on the advice of the Attorney General of Ontario, who is advised by the judicial appointments advisory committee.
The term of the senior regional justice is for three years. The senior regional justice and the coordinator work together to supervise the justices of the peace in Ontario.
Functioning Of The Courts In the Covid Period
The Ontario court of justice is concerned about the well-being of all its court users like judicial officials, lawyers, counsel, and all the parties to the case.
The Ontario Court Of Justice has made public health its top priority. The health and safety measures are implemented to ensure meaningful access to justice for every Ontario citizen.
The most important health and safety measure was limiting in-person appearance hearings in the courthouse. In-person appearance sessions are limited to urgent or severe crimes.
The route to justice was made digital, enabling even remote proceedings. This digital route to justice was instrumental in ensuring meaningful access to justice while keeping health and safety measures in mind.
Remote Proceedings
Remote proceedings of the court are made meaningful through an electronic device like a laptop or phone.
They help to ensure meaningful access to justice at doorsteps in every county, town, city, and village of Ontario. Both preliminary inquiries and main hearings can be conducted through remote proceedings.
The widespread reach of remote proceedings technology in Canada makes it easy to ensure meaningful access to justice.
The Ontario court of justice encourages all judicial officials and parties to attend remote proceedings. A lawyer or counsel can guide you to do the same to ensure meaningful access to justice.
For further information, you can visit their official website.
Superior Court Of Justice
The Superior Court of Justice ranks higher than the Ontario Court of Justice in terms of authority. They hear all civil and severe cases under the criminal laws of Canada.
The Superior court of justice has 242 judges and has nearly 250,000 court proceedings. This court of justice commands respect and authority.
The Superior court of justice also hears appeals and reviews against government laws and launches preliminary inquiries in criminal cases.
There are 51 locations in Ontario where the Superior court of justice sits. Out of these 51, 17 court sites hear family matters like adoption, divorce, custody, and family property.
Small Claims Court
A small claims court is very helpful in providing a platform for meaningful access to parties that can bring or defend civil matters.
The court of justice hears claims for not more than 25,000 Canadian dollars in terms of money or property.
Court Of Appeal For Ontario
The court of Appeals for Ontario supersedes the Ontario court of justice and the Superior court of justice.
The court hears appellate cases from both and judges the correctness of their decisions. The court has 22 judges.
Closing Thoughts
The judicial system and administration of Ontario are robust. The judicial officials ensure meaningful access to justice for the citizens of Ontario.
Criminal law matters a lot more to ensure a saved life of a person than we tend to give credit for,
Have an upcoming court appearance? You can access the court rules and location lists for more details on your upcoming court appearance. Ontario law associations, with their limited court services, offer many accessible court services that ensure you know any court details of your designated court location details.
For knowledge about any Ontario court locations like; Satellite court office or fly-in court locations, or weekend bail courts, Visit the municipal Provincial office.
The Ontario court of justice plays an important part in this process, apart from the Superior court of justice and the court of Appeals for Ontario.
Last Updated on by Priyanshi Sharma
