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CIVIL -SUPREME COURT OF B.C.
Civil - Types of Case: Supreme Court judges hear most civil cases where the claim is more than $35,000 as well all other civil matters that Small Claims Court and the Civil Resolution Tribunal are not permitted to handle. Supreme Court deals with all sorts of civil matters such as bankruptcy, personal injury claims and contract disputes. Cases of libel, slander and malicious prosecution are also heard in this court.

FAMILY - SUPREME COURT OF B.C.
Family - Divorce: If a married couple wants to get a divorce, or any other order under the Divorce Act, they must go to the Supreme Court. Separating couple, whether married or not, must go to Supreme Court if they want to divide up property. Arranging an adoption also must take place in Supreme Court.

As Supreme Court is very expensive and complicated, many people deal with issues outside of court (either by working it out on their own or with the help of mediators or other professionals). If a couple can resolve their property and parenting issues on their own, they can simple file for divorce and never have to go inside a courtroom this is called a “desk order divorce”.

Appeals
Most trial decisions from BC Supreme Court can be automatically appealed to the BC Supreme Court of Appeal. Some types of orders, like orders under the Family Law Act that are made before a trial, need permission (or “leave”) to appeal.

CRIMINAL - SUPREME COURT OF BRITISH COLUMBIA
Criminal - Procedure: Most indictable offences, such as break and enter, begin in Provincial Court but the accused can pick whether to have their trial in Provincial Court or Supreme Court. If they choose Supreme Court, they can choose to have their trial in front of a judge, or in front of a judge and a jury. Before the case is moved to Supreme Court, they will have a hearing called a “preliminary inquiry”. These take place in Provincial Court. In a preliminary inquiry, the Crown must show they have enough evidence to take the matter to trial.

There are certain types of indictable offences, which have a special procedure. This includes extremely serious crimes such as murder and terrorism. Their trial will be in Supreme Court and will have a judge and jury trial, unless the Crown and Defence both agree to have a judge alone trial.

bc-supreme-court-criminal-cases

In trials with both a judge and jury, they each have a distinct role to play. The jury will decide whether the accused is guilty or not, and the judge will decide what kind of evidence the jury will see. The judge will give the jury instructions on how to consider the evidence they see and hear. If the jury decides the accused is guilty, the judge will decide on what kind of punishment to give.

Appeals
Most criminal law trial decisions can be automatically appealed to the BC Court of Appeal.