Alberta’s court structure includes three levels: the Provincial Court, the Court of King’s Bench, and the Court of Appeal. However, you may hear the Provincial Court of Alberta referred to by its new name, the Alberta Court of Justice, after recent changes.
Anyone facing charges for a criminal offence in Alberta should understand the differences between these three courts, as they involve different legal procedures, rights, and defence strategies.
Most criminal and civil matters begin in the Alberta Court of Justice—and may finish there. Understanding what happens in there is essential but the most serious criminal cases (and complex civil cases) may end up in the Court of King’s Bench. Let’s take a closer look…
Overview of the Alberta court system
The following is a summary of the Alberta court system’s three tiers:
- Alberta Court of Justice: the province’s first-level trial court, where all criminal matters begin and where most criminal and traffic are heard and resolved.
- Court of King’s Bench: Alberta’s superior trial court, handling serious criminal offences, major civil and family matters, and appeals from the Alberta Court of Justice.
- Court of Appeal: Alberta’s highest court, reviewing decisions from the Court of King’s Bench and the Alberta Court of Justice to ensure the law was applied correctly.
What is the Alberta Provincial Court?
Alberta Court of Justice (sometimes abbreviated to ABCJ) has jurisdiction over small claims matters and the majority of criminal charges, including summary conviction matters that will usually start and end in this court.
First appearances in criminal matters, traffic offences, and bylaw offences are handled by this court, as well as bail hearings and many trials. Hearings are held before a provincial court judge, with no jury trials held in the Alberta Court of Justice.
The criminal matters generally heard in this court include:
- All summary offences.
- Many indictable offences (unless the accused elects a trial before a jury).
- Youth offences.
By scheduling criminal matters at the Alberta Court of Justice, the criminal justice process benefits from generally faster scheduling and more streamlined procedures.
In some judicial centres in Alberta, child protection matters and other family matters may go to the provincial court rather than the Family Law Division of the Court of King’s Bench.
What is the Court of King’s Bench of Alberta?
The Court of King’s Bench of Alberta is considered a superior court to the Court of Justice and holds jurisdiction over indictable offences, which are more serious than summary offences.
The court conducts both jury and judge-alone trials, depending on election by the defendant. Typically, the types of criminal matters heard at the Court of King’s Bench include murder, manslaughter, aggravated sexual assault, and other offences requiring a preliminary inquiry or election.
The court also handles criminal appeals from the Alberta Court of Justice on summary conviction matters and conducts bail reviews and certain pre-trial applications.
Compared to the Court of Justice, the Court of King’s Bench has more formal procedures with the potential for considerably longer case timelines and more complex litigation.
Family matters and many civil disputes go to the Family Law Division of the Court of King’s Bench, as well as criminal matters.
How do criminal cases get to the King’s Bench?
In Alberta, a criminal case reaches the Court of King’s Bench when the accused is charged with an indictable offence that either must be tried in the superior court (such as murder) or when the accused elects to have an indictable matter heard there. This often occurs after a preliminary inquiry in the Alberta Court of Justice.
Once the necessary steps are complete, the case is scheduled for trial—by judge alone or by judge and jury—in the Court of King’s Bench.
When a defendant can elect to have a matter heard before a jury or judge at the Court of King’s Bench, a decision should only be made after consultation with a criminal defence lawyer, who may advise one or the other for strategic legal reasons.
Summary: Key differences between the Provincial Court and the Court of King’s Bench
The main differences between the two courts can be summarized as follows:
- Jurisdiction: Summary offences are held in the ABCJ, while serious indictable matters are heard in the Court of King’s Bench.
- Trial format: No juries in the ABCJ but there may be an option for jury trials in King’s Bench.
- Scheduling and procedure: The Provincial Court is often quicker than the King’s Bench, which is more formal and complex.
- Appeals: The King’s Bench hears appeals from ABCJ decisions.
- Judges: The ABCJ appoints provincial judges, while federally appointed justices sit in the Court of King’s Bench.
The other main courts in Canada
The Court of Appeal has already been mentioned. Additionally, the Federal Court of Canada deals with civil cases involving the federal government, such as patent, copyright, and maritime law, as well as tax matters. Appeals from a federal court are heard by the Federal Court of Appeal.
The Supreme Court of Canada is the highest in the country, and deals with appeals over major civil and criminal matters throughout Canada. Its decisions are final and all other courts must follow the court’s decisions. The Supreme Court also decides matters referred to it by the federal government, such as constitutional questions.
Call us to arrange a confidential consultation
For a criminal defendant, the particular court that hears the case may impact the timeline of the case, the nature of the trial, and the complexity of the proceedings. Your criminal defence lawyer can explain your options in more detail.
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
