Key Differences Between Courts and Tribunals in Canada

For many individuals, navigating Canada’s legal system can be overwhelming, especially if they have never dealt with it previously. Courts and tribunals both play crucial roles, and although they may seem similar at first glance, they serve different purposes and operate in distinct ways. Understanding their differences is essential, as this can help you navigate Canada’s legal landscape more effectively. This blog article will outline key differences and characteristics between courts and tribunals, list various types of these legal bodies and assist you if you ever find yourself in a legal dispute in Canada.

What Are Courts?

Courts are formal judicial bodies that apply, enforce, and interpret the law while resolving legal disputes. They follow a hierarchical system, meaning that decisions made at a lower level can be appealed to higher courts. For example, they handle criminal cases, civil matters, constitutional issues, and appeals from tribunals. Court procedures are formal and adhere to strict rules of evidence. Courts are not always accessible to everyone due to the expensive nature of their processes, which involve high legal fees, court filing costs, and the lengthy duration of cases, often lasting months or even years.

Furthermore, courts operate independently of government influence and are presided over by appointed judges. Their decisions create binding legal precedents (case law) that lower courts must follow. Canada’s court hierarchy is as follows:

1. Provincial/Territorial Courts handle most criminal and civil cases, family matters, and small claims.
2. Superior Courts (provincial & territorial) deal with serious criminal and civil cases and appeals from lower courts.
3. Federal Courts are concerned with matters involving federal law, including tax matters, as well as cases involving the federal government.
4. The Supreme Court of Canada is Canada’s highest authority, which hears constitutional and national legal issues.

Finally, there are specialized courts, such as Drug Treatment and Mental Health Courts.

What Are Tribunals?

Tribunals are specialized decision-making bodies established and regulated by the government. They aim to resolve specific types of disputes similarly to courts but with greater flexibility in procedures and decision-making. Consequently, each tribunal concentrates on a particular area of law, such as employment or human rights. Disputes are managed less formally, more efficiently, and affordably than in courts. For example, filing fees are lower or non-existent in some instances, legal representation is often unnecessary, and overall costs are reduced due to quicker filings.

Additionally, tribunals do not always set binding legal precedents with their decisions. Decision-makers are not necessarily judges; they are often referred to as adjudicators and are specialists in the relevant field. Some examples of Canadian tribunals are the following:

1. Human Rights Tribunals focus on handling discrimination complaints under human rights legislation.
2. The Immigration and Refugee Board (IRB) decides on refugee claims and immigration matters. The Certificate in IRB Fundamentals provides in-depth knowledge to support immigration professionals in this area.
3. The Labour Relations Board deals with workplace disputes, including union-related matters.
4. The Landlord and Tenant Board settles disputes between renters and landlords.

How Do Courts and Tribunals Interact?

Courts can review tribunal decisions to ensure adherence to the law, legal principles, and proper procedures. The ability to appeal certain tribunal decisions in courts depends on the legislation that governs the tribunal and typically occurs only under specific circumstances, such as issues of procedural fairness and legal errors. Some disputes may involve both courts and tribunals, with courts possessing the final authority on legal interpretations.

When Should You Go to a Court vs. a Tribunal?

Given the cost and efficiency advantages of tribunals, it is advisable to choose this path whenever possible. For instance, this applies if your case falls within one of the categories addressed by specific tribunals, such as workplace disputes or refugee claims. Additionally, ensure that you do not need legal precedent-setting rulings. However, if your case involves criminal law, serious civil disputes, or constitutional matters, or if you are appealing a tribunal decision on legal grounds, you will need to select a court.

Conclusion

Understanding the differences between courts and tribunals in Canada is essential for navigating legal disputes effectively. While courts handle a broad range of legal matters with formal procedures and binding decisions, tribunals offer a more specialized, accessible, and cost-effective approach to specific conflicts. Choosing the right path can save time, reduce costs, and ensure that your case is handled in the most appropriate legal setting. If you're unsure which route to take, seeking legal advice can help clarify your options and guide you toward the best course of action.