Sunday, April 12, 2009

What is the difference between the American court system and the Canadian system?

Also, which is better, in your opinion?

PS: I am confused between the American and the Canadian one, mainly criminal law, in Canada, do you get to listen to testimonies, cross-examine, etc.

And the Defense and Prosecution, are they only one person or a party? I AM SOOOO CONFUSED, PLEASE HELP!


In Canada, criminal law is federal jurisdiction - so the same law applies throughout the country, whereas in the US it is up to individual states - some states are thus able to have the death penalty, but not others... and different things may be illegal in different states.

some of the other terminology differs in Canada, but the procedure is largely the same (there is direct examination, cross examination...).

In Canada, you have crown counsel, whereas in the US you have district attorneys...

Defence is one party and prosecution is another party. Prosecution is always the state, so not quite a person (in Canada it is officially the queen of England, but really the state) and the accused may be more than one person, so party is a better term.

The court system is also much simpler in Canada - in the US, you have a court of first instance/trial court, a court of appeal and a supreme court in each state to hear cases brought under state law, and you have a separate set of the same courts for federal law.

In Canada, there are provincial superior courts of first instance (trial courts) and a federal court, provincial appeal courts and a federal appeal court, but the Supreme Court of Canada is the final court of appeal for all cases in Canada from anywhere in Canada (like the usual, it is mainly appeal with leave, not by right)

This leaves out non-superior courts and tribunals... but is the basic overview...

Neither can be said to be a better system. the US is far more litigious and has a higher population, so the Canadian model would never work in the US as many important cases would never get heard by the highest courts (California is more populous than Canada)... conversely, Canada really only needs one ultimate court of appeal, but this also keeps the law more uniform throughout Canada and its provinces - A supreme court ruling that an action by the province of Ontario is unconstitutional means that the same action by Quebec or NewFoundland would also be unconstitutional and all must change their laws accordingly.

If the Supreme Court of California finds Prop 8 unconstitutional and maintains Gay Marriage, that same ruling doesn't automatically apply in Utah, Nevada, New York, Texas...even though there is no higher appeal for that case.

In Canada, the clerk asks, "So, you swear to tell the truth, eh?"

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