What are provincial courts?

Provincial courts are the lower-level trial courts in each Canadian province, distinct from the section-96 superior courts. Provincial court judges are appointed by the provincial government (the Lieutenant Governor in Council on the advice of the provincial Cabinet) under section 92(14) of the Constitution Act, 1867. Provincial courts handle the vast majority of cases that come through Canadian courts at all (about 80 per cent by case count).

Provincial courts hear most criminal matters, including all summary conviction offences (less serious criminal matters) and a significant portion of indictable offences (more serious matters). Provincial courts also conduct preliminary inquiries in serious cases that may be tried in superior court. In family law, provincial courts handle child protection matters, child support enforcement, spousal support, and (in some provinces) family matters under the Divorce Act. Small claims courts (typically integrated into the provincial court system) handle civil claims up to a maximum value (varying from $7,000 in Quebec to $50,000 in Ontario).

Each province has its own naming and structure for the provincial court. The Ontario Court of Justice is Ontario's provincial court with about 320 judges, the largest in Canada. The Cour du Québec is Quebec's provincial court with about 270 judges. The Provincial Court of British Columbia, the Provincial Court of Alberta, the Provincial Court of Saskatchewan, the Provincial Court of Manitoba, and parallel courts in the Atlantic provinces all operate as the lower-level provincial trial court. Specialised provincial-court branches include Indigenous Persons Courts, drug-treatment courts, domestic-violence courts, and mental-health courts.

Provincial courts are a foundational part of the Canadian justice system. Provincial-court judges have constitutional protection of their independence (Reference re Remuneration of Provincial Judges, 1997) similar to but slightly different from section-96 federal-appointed judges. Provincial-court systems include Justices of the Peace (who handle bail hearings, traffic offences, and preliminary criminal matters) and other quasi-judicial officers. Provincial-court fines and fees are a significant source of provincial revenue. The provincial-court system handles about 300,000 to 400,000 criminal cases and millions of regulatory and small-claims matters annually.