section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

Section 84(1) defines the term superior court for the purposes of Part VIII of the Criminal Code of Canada.

SECTION WORDING

84(1) In this Part, "superior court" means (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made, (b) in Quebec, the Superior Court, (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queens Bench, (d) in Nova Scotia, British Columbia and a territory, the Supreme Court, and (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court;

EXPLANATION

Section 84(1) of the Criminal Code of Canada defines the term "superior court" for the purpose of the Criminal Code. The section clarifies that the term 'superior court" differs across various provinces and territories of Canada. Depending on the province or territory, the "superior court" could mean the Superior Court of Justice, the Supreme Court, the Court of Queen's Bench, or the Trial Division of the Supreme Court. The significance of this definition is that the Criminal Code refers to different "superior courts" throughout the various provisions and sections. For instance, section 640 of the Criminal Code mandates that an appeal must be filed with a "superior court" within 30 days of the conviction, and the definition provided in section 84(1) clarifies which court is intended for each province and territory. Similarly, section 753 of the Criminal Code specifies that an offender may apply to a "superior court" for a review of their detention order, and again the definition helps identify the appropriate court for each province and territory. Therefore, section 84(1) of the Criminal Code is a crucial part of the legal framework, as it provides clarity and jurisdictional guidelines to ensure that the various provisions of the Criminal Code can be properly executed and enforced in each province and territory of Canada.

COMMENTARY

Section 84(1) of the Criminal Code of Canada provides a definition of superior court" within the context of Part VIII of the Code, which deals with the trial and punishment of terrorism-related offences. The section states that the term superior court" has various meanings depending on the province or territory in which the adjudication of a relevant offence takes place. The purpose of this section is to clarify which court has jurisdiction over terrorism-related offences, as well as which court is considered superior within each province or territory. This is important because it ensures that cases are heard by the appropriate court, and that the court has the authority to impose the appropriate sentence if a conviction is made. In Ontario, the Superior Court of Justice is considered the superior court, sitting in the region, district, or county or group of counties where the offence was committed. Similarly, in Quebec, the Superior Court is considered the superior court for the purposes of Part VIII of the Criminal Code. In New Brunswick, Manitoba, Saskatchewan, and Alberta, the Court of Queen's Bench is considered the superior court. This is in line with the historical naming of the highest court in these provinces, which was originally known as the Court of Queen's Bench or the Supreme Court of the province. In Nova Scotia, British Columbia, and the territories, the Supreme Court is considered the superior court. This is consistent with the naming of the highest court in these jurisdictions, which is known as the Supreme Court of Nova Scotia, the Supreme Court of British Columbia, or the Supreme Court of the Northwest Territories, Yukon Territory, or Nunavut. In Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court is considered the superior court. This is because these provinces have a two-tiered court system, with the Supreme Court serving as the highest court for civil matters, and the Court of Appeal serving as the highest court for criminal matters. Overall, section 84(1) of the Criminal Code of Canada is an important provision that ensures that terrorism-related offences are heard by the appropriate court with the authority to impose the appropriate sentence. It recognizes the historical naming of superior courts in different provinces and territories, and provides clarity on which court has jurisdiction over these types of offences. This contributes to the fairness and efficiency of the Canadian criminal justice system.

STRATEGY

Section 84(1) of the Criminal Code of Canada is important in criminal proceedings as it sets out the definition of a "superior court" in various jurisdictions across the country. Professionals in the legal system must consider this when dealing with cases that fall under Part VII of the Criminal Code, which covers offences against public order. One strategic consideration when dealing with this section of the Criminal Code is to ensure that the case is heard in the appropriate court. This requires a thorough understanding of the jurisdictional boundaries of the various courts across Canada. For example, if a case involves an offence against public order in Ontario, it must be heard in the Superior Court of Justice in the region, district, or county where the relevant adjudication was made. Another strategic consideration is to understand the particular rules, procedures, and practices of the relevant superior court. Each court has unique rules and procedures that lawyers and other professionals in the legal system must follow. For example, the Supreme Court in British Columbia may have different procedural rules than the Court of Queen's Bench in New Brunswick. It is important to understand these rules to ensure that the case proceeds smoothly and efficiently. One strategy that could be employed when dealing with this section of the Criminal Code is to develop a relationship with local legal professionals who have experience working with the particular superior court. This can provide valuable insights into the particular rules, procedures, and practices of the court, as well as any local customs or practices that may have an impact on the case. Another strategy is to carefully consider the language used in legal documents and proceedings. The definition of "superior court" is specific, and using incorrect language or terminology can lead to confusion or procedural errors. It is important to choose language that is precise and accurate to ensure that the case proceeds smoothly and effectively. Overall, strategic considerations when dealing with Section 84(1) of the Criminal Code of Canada involve understanding the jurisdictional boundaries and unique rules and procedures of the various superior courts across the country. Developing relationships with local legal professionals, using precise language in legal documents and proceedings, and carefully considering the appropriate court are all important strategies that can help ensure a successful outcome in criminal proceedings under Part VII of the Criminal Code.