There are various legal remedies available in relation to technology-facilitated gender-based violence (TFGBV) (see Legal Protections for TFGBV; Legal Remedies for Image-Based Abuse; Legal Remedies for Online Harassment, Stalking, Spying, and Threats; and Peace Bonds and Protection Orders for Victims of TFGBV). Most of these remedies require going to court. What the court process will look like, and what rules will apply, will depend on the type of legal remedy you hope to pursue and the province or territory you are located in.

This document provides a general overview of the court systems in Canada. This information may help determine in which court you need to start your civil claim, or where a criminal matter involving technology-facilitated violence will be heard. The various levels of court are organized by province or territory.

When starting a claim, you need to ensure that the court you are submitting your claim to is legally able to hear your case. If you submit your documents to a court that is not legally entitled to hear your case, your case will be rejected and you will have to file in the proper court. If your issue can only be dealt with in one court, then that is the court that you must use.

If you are going to court without a lawyer, you can consult the Canadian Judicial Counsel’s guides for self-represented litigants concerning civil cases, family cases, and/or criminal cases, depending on which system you are using. If you are interested in retaining a lawyer or seeking legal advice, see Legal and Victim Service Supports and Resources.

Yukon

Small Claims Court

Yukon Small Claims Court hears civil cases regarding money or property valued at less than $25,000. Small Claims Courts are in the same locations as Territorial Courts (see below). You can find more information here, including resources such as Getting Ready for Court – Small Claims Court Self-Help Guide.

Territorial Court

Most criminal prosecutions (youth and adult) are dealt with in Territorial Court. Child protection matters are heard in Territorial Court, as well as some family matters (not including divorce, custody, or adoption). The Territorial Court is located in Whitehorse and regularly provides services to 14 other communities. You can find more information here. You can find criminal court form templates here.

Community Wellness Court

The Yukon Community Wellness Court is a branch of the Territorial Court that works with offenders with addictions and/or mental health issues in the criminal justice system on the root causes of their criminal behaviour. Offenders work with a team of professionals and community supports to create and follow an intensive treatment and wellness program. More information can be found here.

Domestic Violence Treatment Court

The Yukon Domestic Violence Treatment Option Court is a therapeutic alternative to traditional criminal court in cases of domestic violence that requires offenders to plead guilty and acknowledge responsibility. It does not divert offenders away from criminal court but aims to result in counselling, programming, and court supervision rather than sentences of imprisonment in many cases. More information can be found here.

Youth Justice Court

The Yukon Youth Criminal Justice Court hears all Criminal Code charges brought against persons aged 12-18 years. More information can be found here.

Supreme Court

The Supreme Court hears a wide range of civil matters, as well as serious criminal matters. All jury trials and murder cases take place in Supreme Court. It hears family law cases involving custody and support, division of property, and divorce proceedings. The Supreme Court hears appeals from certain criminal trials, regulatory matters, and administrative tribunals. The Supreme Court sits regularly in Whitehorse and other Yukon communities. You can find more information here. You can find relevant Rules and Forms for Supreme Court proceedings here.

Court of Appeal

The Court of Appeal hears appeals of decisions from Territorial Court and Supreme Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. The Court of Appeal sits in Whitehorse for one week, twice a year. Most cases are heard in Vancouver. You can find more information here. You can find relevant Rules and Forms for the Court of Appeal here.

Northwest Territories

Territorial Court

Territorial Court hears the majority of criminal cases in the Northwest Territories. It hears family law cases involving child protection, custody, and support. It hears civil disputes where the value of the money or property does not exceed $35,000, with rules and forms designed to resolve matters quickly, including a mandatory mediation session before trial. You can find more information here. You can find templates of relevant Territorial Court Forms for civil cases here.

Youth Justice Court

The Northwest Territories Youth Justice Court hears all Criminal Code charges brought against persons aged 12-18 years. You can find more information here.

Wellness Court

The Northwest Territories Wellness Court offers offenders with mental health problems, addictions, or cognitive challenges the opportunity for a supervised program designed to prevent re-offending in their communities. You can find more information here.

Domestic Violence Treatment Options Court

The Northwest Territories Domestic Violence Treatment Options Court hears all first hearings of cases involving domestic violence. If the matter is eligible for the court program, the offender completes eight modules designed to address the emotional and psychological causes of domestic violence. On completion of the program, the offender will still be sentenced; however, the judge will take into consideration any meaningful progress they made in the program. You can find more information here.

Supreme Court

The Supreme Court has jurisdiction over divorce matters and appeals of decisions in some criminal and tribunal matters. The court is based in Yellowknife and sits in other communities as the need arises. You can find more information here. You can find the Supreme Court Rules here.

Court of Appeal

The Court of Appeal hears appeals of civil and criminal matters from the Territorial and Supreme Court. It sits regularly in Yellowknife but can sit anywhere in the Northwest Territories. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here. You can find the Court of Appeal Rules for civil appeals here, and for criminal appeals here.

Nunavut

Court of Justice

The Court of Justice is Canada’s only “unified” court, meaning it is both a superior and territorial court. It hears all criminal, family, and civil matters. It hears small claims matters for amounts not exceeding $20,000. It is based in Iqaluit, but the judges also travel to communities throughout the territory to hear cases. You can find more information here. You can find Rules of Court and Forms here, and Small Claims Rules, Forms, and a Small Claims Guide here.

Youth Justice Court

The Nunavut Youth Justice Court is a branch of the Nunavut Court of Justice and hears all Criminal Code charges brought against persons aged 12-18 years. You can find more information here.

Court of Appeal

The Court of Appeal hears all appeals from the Court of Justice. It sits two to three times a year. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here. You can find the Rules of the Court of Appeal here.

British Columbia

Civil Resolution Tribunal

The Civil Resolution Tribunal is not technically a court, but it now deals with all small claims valued at $5,000 and under. It offers a highly simplified process that takes place completely online and is intended to be easy to use for individuals who are not represented by a lawyer. You can find more information about the Civil Resolution Tribunal and the process for making a claim here.

Provincial Court

The Provincial Cout deals with civil claims valued between $5,000 to $35,000, family matters (not including divorce, adoption, and issues related to family property), and most criminal matters. Provincial Court rules are more flexible than Supreme Court rules and generally easier to navigate. You can find more information here. You can also find “how to guides” for small claims, available here, and other court matters here.

Domestic Violence Courts

There are two local domestic violence courts and initiatives in BC, both located on Vancouver Island – the Cowichan Valley Domestic Violence Court in Duncan and the Nanaimo Domestic Violence Court – as well as the Victoria Integrated Court. These courts adopt collaborative, therapeutic approaches to facilitate access to information and services for victims and offenders.

Integrated Courts

There are two integrated courts in BC, one in Victoria and one in Kelowna. These courts aim to reduce crime by integrating health and social services with the justice system and are targeted at offenders struggling with addiction, mental health issues, and/or homelessness.

Youth Justice Court

The BC Youth Justice Court is a branch of the Provincial Court and hears all Criminal Code charges brought against persons aged 12-18 years. You can find more information here.

Supreme Court

The Supreme Court hears civil lawsuits regarding claims over $35,000, all family law matters, appeals from certain Provincial Court decisions, criminal jury trials, and certain serious criminal offences (including murder). You can find more information here. The Supreme Court has also published several useful guidebooks about the court process in BC, available here, as well as Information Packages, available here.

Court of Appeal

The Court of Appeal hears appeals from the Supreme Court and some appeals from the Provincial Court and administrative tribunals. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here. You can find relevant Rules, Forms, and a Guide on how to file materials here.

Alberta

Provincial Court

The Provincial Court hears most criminal, civil (claims for less than $50,000), and family law cases in the province. A Provincial Court is located in most towns and cities in Alberta. You can find more information here.

Mental Health Courts

The Mental Health Court is located in Edmonton and involves a therapeutic model intended to assist offenders who engage in criminal activity at least in part due to mental health issues. You can find more information here.

Domestic Court

Calgary has a specialized Domestic Court that can deal with domestic violence issues. Victims and offenders work with social service agencies and the offender must take responsibility for their actions through regular legal sanctions as well as monitoring and counselling. You can find more information here and here.

Indigenous Courts

The Calgary Indigenous Court aims to provide a culturally relevant, restorative, holistic system of justice for Indigenous offenders, victims, and community members. The Provincial Court also holds special hearings in certain Indigenous communities including the Alexis Nakota Sioux Nation, the Siksika Nation, and on the Tsuu T’ina reserve. You can find more information here and here.

Youth Justice Court

The Alberta Youth Justice Court is a branch of the Provincial Court and hears all Criminal Code charges brought against persons aged 12-18 years. You can find more information here.

Wîyasôw Iskweêw – Restorative Justice Pilot Project

This pilot project has the goal of referring appropriate criminal matters that are before the courts to a restorative justice process. Any individual charged with a criminal offence who accepts responsibility for the harm caused may be eligible to participate. You can find more information here.

Court of Queen’s Bench

The Court of Queen’s Bench hears trials in more serious criminal matters (such as murder), certain family proceedings (divorce), and civil claims for amounts greater than $50,000. You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Saskatchewan

Provincial Court

The Provincial Court of Saskatchewan hears various criminal and civil matters including family and small claims (less than $30,000). You can find more information here and specifically about small claims here.

Cree Court

The Cree Court conducts criminal and child protection hearings entirely or partially in Cree. The Court sits in a variety of locations depending on need including Pelican Narrows, Sandy Bay, Whitefish First Nation, and Ahtahkakoop First Nation. You can find more information here.

Domestic Violence Court

The Domestic Violence Court Treatment Option allows offenders willing to plead guilty and accept responsibility for their actions with a non-jail sentence and requires them to complete a counselling program for domestic violence. Domestic Violence Courts are located in Regina, Saskatoon, and North Battleford. You can find more information here.

Mental Health Court

Saskatchewan Mental Health Courts, located in Saskatoon and Regina, aim to improve the justice system response and access to services for offenders who commit crimes in part because of their mental health and cognitive conditions. Offenders are connected to supports intended to stabilize them in the community and prevent re-offending. You can find more information here.

Youth Court

The Saskatchewan Youth Court is a branch of the Provincial Court and hears all Criminal Code charges brought against persons aged 12-18 years. You can find more information here.

Court of Queen’s Bench

The Saskatchewan Court of Queen’s Bench hears a variety of civil and criminal matters not heard at Provincial Court (including divorce, custody and access, serious criminal offences such as murder, and civil claims greater than $30,000). You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Court of Queen’s Bench and some directly from the Provincial Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Manitoba

Provincial Court

The Provincial Court of Manitoba hears the vast majority of criminal cases and civil claims of less than $15,000 (more information here). You can find more information here.

Mental Health Court

The Winnipeg Mental Health Court sits weekly out of the Provincial Court of Manitoba. It provides supports to offenders whose criminal involvement is a direct result of mental illness. On successful completion of the program, offenders will serve their sentence in the community. You can find more information here.

Thompson Domestic Violence Court

The Thompson Domestic Violence Court provides rehabilitative services to all offenders charged with domestic violence incidents in the City of Thompson who admit responsibility and plead guilty to their offences. Offenders are referred to rehabilitative services. You can find more information here.

Court of Queen’s Bench

The Manitoba Court of Queen’s Bench hears a variety of family matters including divorce, custody, and division of property, civil claims over $15,000, and certain serious criminal matters. You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Court of Queen’s Bench and some directly from the Provincial Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Ontario

Court of Justice

The Ontario Court of Justice deals with a wide range of family law cases (child protection, custody, access, support, and adoption) as well as the overwhelming majority of youth and adult criminal charges laid in the province. You can find more information here.

Domestic Violence Court

The Ontario Domestic Violence Court tries to simplify the prosecution of domestic assault cases, provide support to victims, and increase offender responsibility. You can find more information here.

Superior Court of Justice

The Ontario Superior Court of Justice has jurisdiction over criminal, civil (including small claims), and family cases. You can find more information here and here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Superior Court of Justice. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Quebec

Court of Québec

The Court of Québec has jurisdiction in civil, criminal, and penal cases and in cases relating to young persons. It is comprised of 3 divisions: the Civil Division (which includes the Small Claims Division and the Administrative and Appeal Division), the Criminal and Penal Division (which includes the Sexual and Domestic Violence Court), and the Youth Division.

Civil Division

This Division hears claims where the amount in dispute is less than $85,000, except applications for child or spousal support and claims related to residential leases that come under the Régie du logement. It also hears applications concerning confinement in an institution and municipal and school tax claims. You can find more information here. You can find forms and models here.

Small Claims Division

This Division hears cases involving claims of no more than $15,000 and some tax-related claims.

Administrative and Appral Division

This Division hears appeals of decisions by various tribunals and administrative bodies.

Criminal and Penal Division

This Division hears all criminal cases, except cases that take place before a court composed of a judge and jury or that are under the exclusive jurisdiction of the Superior Court. This Division also hears all penal cases for offences under federal or provincial law. You can find more information here.

Sexual and Domestic Violence Court

Currently in the pilot phase, this Court aims to offer victims of sexual violence and spousal abuse support that is better adapted to their circumstances and needs, throughout their judicial process. You can find a list of courthouses that are part of the pilot project here (in French only).

Youth Division

This Division hears cases related to the Youth Protection Act and adoption applications. This Division also hears charges brought against persons aged 12-18 years accused of offences under the Criminal Code and certain federal statutes as well as charges brought against persons aged 14-18 accused of offences under Québec legislation or regulations and municipal by-laws. You can find more information here.

Superior Court

The Superior Court is a general court that hears any claim that the law has not expressly assigned to another court or an administrative body. It hears civil applications where the amount in dispute is at least $85,000. It also hears administrative and family matters such as applications for divorce, support payments and child custody, injunctions, and more.

The Court hears criminal cases tried by a judge and jury and appeals from decisions made under other federal and provincial statutes.

You can find more information here. You can find the Superior Court Rules here.

Court of Appeal

The Court of Appeal hears appeals from final judgments of the Superior Court and the Court of Québec as of right, where the amount in dispute in appeal is at least $60,000. The Court also hears appeals as of right from several categories of final judgments where there is no specific monetary value in dispute. Other judgments may only be appealed if leave to appeal is granted by a judge of the Court of Appeal.

The Court hears appeals from verdicts and sentencing under the federal Criminal Code and the provincial Code of Penal Procedure.

You can find more information here. You can find the procedure, notice and forms here.

Further Resources:

Newfoundland and Labrador

Provincial Court

The Provincial Court hears the vast majority of criminal offences. It hears civil claims up to $25,000 and most family law matters other than divorce and division of property. You can find more information here and here.

Family Violence Intervention Court

The St. John’s Family Violence Intervention Court is a voluntary program that requires offenders to participate in intervention or programming regarding family violence to allow faster access to services for victims and offenders. You can find more information here.

Mental Health Court

The Mental Health Court is located in St. John’s and is designed to increase support for offenders who suffer from mental health disorders and may commit offences as a consequence of these disorders. You can find more information here.

Supreme Court

The Newfoundland Supreme Court hears a wide range of civil and criminal matters, as well as family matters not within the jurisdiction of the Provincial Court. You can find more information here and here.

Family Justice Services

Family Justice Services offers free assistance to families with parenting and/or child support issues. You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Supreme Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

New Brunswick

Provincial Court

The Provincial Court hears nearly all criminal cases (excluding murder), and offences involving youth.

You can find more information here.

Mental Health Court

Located in Saint John, the Mental Health Court involves an innovative approach aimed at dealing with individuals who come into contact with the law as a result of a mental illness or intellectual disability. You can find more information here.

Court of Queen’s Bench

The Court of the Queen’s Bench has jurisdiction over major civil and criminal matters and hears appeals from the Provincial Court. The Family Division of the Court of Queen’s Bench hears all family matters. You can find more information here and here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Court of Queen’s Bench. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Nova Scotia

You can find a guide for unrepresented litigants in Nova Scotia here.

Provincial Court

The Provincial Court hears almost all criminal cases (excluding murder) and youth justice matters. It hears family matters (except divorce and division of property), except in Halifax and Cape Breton where family matters are heard in Supreme Court.

Dartmouth Wellness Court

The Dartmouth Wellness Court involves a Mental Health Court Program, a Drug Court Program, and an Alcohol Court Program. There are Wellness Court Programs in Dartmouth, Halifax, Sydney, Amherst, Kentville, Port Hawkesbury, Bridgewater and Wagmatcook First Nation. You can find more information here.

Domestic Violence Court Program

The Domestic Violence Court Program offers meaningful interventions concerning domestic violence at an earlier stage, taking a trauma-informed, collaborative approach, intended to support healthier relationships and protect survivors. There are Domestic Violence Courts in Sydney and Halifax. You can find more information here.

Supreme Court

The Supreme Court hears serious criminal matters and non-small claims civil matters. It hears family matters in its Family Division, sitting in Halifax and Cape Breton. You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Supreme Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Prince Edward Island

Provincial Court

The Provincial Court hears nearly all criminal offences and offences involving young persons. You can find more information here.

Supreme Court

The Supreme Court hears civil (including family) and serious criminal matters, as well as appeals from administrative tribunals and the Provincial Court. You can find more information here.

Court of Appeal

The Court of Appeal hears appeals of civil or criminal cases from the Supreme Court. Appeals from Court of Appeal decisions go to the Supreme Court of Canada. You can find more information here.

Supreme Court of Canada

The Supreme Court of Canada is the highest level of court in Canada. Decisions from the Supreme Court of Canada are final and cannot be appealed. The Supreme Court of Canada hears appeals from the decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada.

Despite the similarities in their names, The Supreme Court of Canada is not the same thing as a provincial Supreme Court such as the Supreme Court of British Columbia or the Supreme Court of Nova Scotia.

Technology-Facilitated Gender-Based Violence (TFGBV) is part of a continuum of violence that can be both online and in-person. If you or someone you know is experiencing TFGBV, you are not alone. You can use sheltersafe.ca to find a shelter/transition house near you or call/text the Kids Help Phone to discuss options and create a safety plan. You don’t need to stay in a shelter to access free, confidential services and support.

We gratefully acknowledge Moira Aikenhead and Janice Pole Sebagenzi for providing expertise to update this toolkit. An earlier draft of this document was created by Sherry Xu, JD Candidate, Peter A. Allard School of Law, UBC, and supported by the Pro Bono Students Canada Organization. We gratefully acknowledge this work and support.

Adapted with permission from BCSTH’s Technology Safety project, based on their resource Overview of Courts Available in British Columbia.   

Safety Check!

If you think someone is monitoring your devices, visit this website from a computer, tablet, or smartphone that isn’t being monitored.

EXIT NOW from this website and delete it from your browser history.

Exit Site