Difference between revisions of "Canada Court Records"

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Because they can be difficult to use, search court records after other records. They can give:
+
''[[Canada|Canada]] [[Image:Gotoarrow.png]] [[Canada_Court_Records|Court Records]]''
  
Family relationships.
+
Because they can be difficult to use, search the court records of [[Canada|Canada]] after other records. They can give:
  
Places of residence.
+
*Family relationships.
 +
*Places of residence.
 +
*Occupations.
 +
*Descriptions of individuals.
 +
*Family history information.
  
Occupations.
+
Because of their importance to family history, several types of court records are discussed in other sections: "Probate," "Notarial," and "Naturalization and Citizenship."
  
Descriptions of individuals.
+
Other court records include:
  
Family history information.
+
'''Equity or chancery''' courts, which handle disputes between individuals where there is no violation of law.  
  
Because of their importance to family history, several types of court records are discussed in other sections: "Probate," "Notarial," and "Naturalization and Citizenship."
+
Other '''civil''' courts, which handle cases when an individual (but not society) has been harmed.  
  
Other court records include:
+
'''Criminal''' courts, which deal with violations of law such as theft and murder.
  
'''Equity or chancery''' courts, which handle disputes between individuals where there is no violation of law.
+
'''Coroners’ inquests''' to determine cause of death, which are also classified as court records.  
  
Other '''civil''' courts, which handle cases when an individual (but not society) has been harmed.
+
Court records are difficult to use because:
  
'''Criminal''' courts, which deal with violations of law such as theft and murder.
+
There are many records.  
  
'''Coroners’ inquests''' to determine cause of death, which are also classified as court records.
+
They are not well indexed.  
  
Court records are difficult to use because:
+
Court names and jurisdictions change.
  
There are many records.
+
They use many legal terms and abbreviations.  
  
They are not well indexed.
+
To interpret court records, a legal dictionary can be helpful, such as:
  
Court names and jurisdictions change.
+
*Black, Henry Campbell. Black’s Law Dictionary. St. Paul, Minn.: West Publishing, annual. (Family History Library book Ref {{FHL|227862|title-id|disp=340.03 B564L; computer number 502342}}.)
  
They use many legal terms and abbreviations.
+
The following article describes the process of finding reported court decisions:
  
To interpret court records, a legal dictionary can be helpful, such as:
+
*Sparling, Lois. "Using a Law Library for Family History Research," Chinook: The Journal of the Alberta Family History Society. Winter 1998, 33, 36–39. (Family History Library book {{FHL|1525753|title-id|disp=971.23 D25a; computer number 736593}}.)
  
Black, Henry Campbell. Black’s Law Dictionary. St. Paul, Minn.: West Publishing, annual. (FHL book Ref 340.03 B564L; computer number 502342.)
+
Many court records have been lost in fires or destroyed to save space. Some have been preserved at courthouses and at national and provincial archives. Contact the archives to ask about their records. Names and addresses of courts are in:  
  
The following article describes the process of finding reported court decisions:
+
*Canadian Almanac and Directory. Toronto: Canadian Almanac and Directory Publishing Co., annual. (Family History Library book {{FHL|824622|title-id|disp=971 E4ca; computer number 160632}}.)
  
Sparling, Lois. "Using a Law Library for Family History Research," Chinook: The Journal of the Alberta Family History Society. Winter 1998, 33, 36–39. (FHL book 971.23 D25a; computer number 736593.)
+
*Canadian Sourcebook. Don Mills, Ont.: Southam Inc., annual. (Family History Library book {{FHL|1208642|title-id|disp=971 B5c; computer number 819162}}.) Editions before 1998 were called:
  
Many court records have been lost in fires or destroyed to save space. Some have been preserved at courthouses and at national and provincial archives. Contact the archives to ask about their records. Names and addresses of courts are in:
+
*Corpus Almanac & Canadian Sourcebook. Don Mills, Ont.: Corpus Information Services, annual. (Family History Library book{{FHL|1208642|title-id|disp=971 B5c; computer number 490918}}.)
  
Canadian Almanac and Directory. Toronto: Canadian Almanac and Directory Publishing Co., annual. (FHL book 971 E4ca; computer number 160632.)
+
The Family History Library has probate and notarial records but few other court records. See the research outlines of the provinces and the Locality Search of the Family History Library Catalog under:  
  
Canadian Sourcebook. Don Mills, Ont.: Southam Inc., annual. (FHL book 971 B5c; computer number 819162.) Editions before 1998 were called:
+
[PROVINCE] - COURT RECORDS
  
Corpus Almanac & Canadian Sourcebook. Don Mills, Ont.: Corpus Information Services, annual. (FHL book 971 B5c; computer number 490918.)
+
[PROVINCE], [COUNTY] - COURT RECORDS
  
The Family History Library has probate and notarial records but few other court records. See the research outlines of the provinces and the Locality Search of the Family History Library Catalog under:
+
=== Provincial Courts  ===
  
[PROVINCE] - COURT RECORDS [PROVINCE], [COUNTY] - COURT RECORDS
+
The names and functions of provincial courts have changed considerably through the years. Presently, many provinces have three levels of courts:
  
=== Provincial Courts ===
+
The Superior or Supreme Court.
  
The names and functions of provincial courts have changed considerably through the years. Presently, many provinces have three levels of courts:
+
This has two divisions: (1) the Trial Division (or Court of Queen’s Bench) hears serious civil and criminal cases and has authority to grant divorces; (2) the Court of Appeals hears appeals of civil and criminal cases from the Trial Division or from lower courts.  
  
The Superior or Supreme Court.
+
(Often) midlevel county or judicial district courts.  
  
This has two divisions: (1) the Trial Division (or Court of Queen’s Bench) hears serious civil and criminal cases and has authority to grant divorces; (2) the Court of Appeals hears appeals of civil and criminal cases from the Trial Division or from lower courts.
+
These courts have been eliminated from some provinces. County courts hear criminal trials of certain serious offenses and civil cases involving more than a specified amount of money.  
  
(Often) midlevel county or judicial district courts.
+
Lower-level provincial courts or their equivalent.  
  
These courts have been eliminated from some provinces. County courts hear criminal trials of certain serious offenses and civil cases involving more than a specified amount of money.
+
Provincial courts handle lesser matters and are often divided into civil (small claims court) and criminal divisions.  
  
Lower-level provincial courts or their equivalent.
+
Probate or surrogate courts which deal with wills and estates are separate from other courts, although they are usually presided over by county or Superior Court judges.  
  
Provincial courts handle lesser matters and are often divided into civil (small claims court) and criminal divisions.
+
'''A wiki article describing an online collection is found at:'''
  
Probate or surrogate courts which deal with wills and estates are separate from other courts, although they are usually presided over by county or Superior Court judges.
+
[[Saskatchewan_Judicial_District_Court_Records_(FamilySearch_Historical_Records)|Saskatchewan Judicial District Court Records (FamilySearchHistorical Records)]]
  
=== Federal Courts ===
+
=== Federal Courts ===
  
The administration of justice rests mainly with the provinces. However, the Supreme Court of Canada is the ultimate court of appeal in both civil and criminal cases throughout the country. Federal courts were established at these times:
+
The administration of justice rests mainly with the provinces. However, the Supreme Court of Canada is the ultimate court of appeal in both civil and criminal cases throughout the country. Federal courts were established at these times:  
  
1867. Federal courts (created by the Constitution Act of 1867 and later acts and amendments)
+
1867. Federal courts (created by the Constitution Act of 1867 and later acts and amendments)  
  
1875. Supreme Court of Canada
+
1875. Supreme Court of Canada  
  
1971. Federal Court of Canada (replaced the Exchequer Court of Canada which began in 1875)
+
1971. Federal Court of Canada (replaced the Exchequer Court of Canada which began in 1875)  
  
The Federal Court of Canada has two divisions:
+
The Federal Court of Canada has two divisions:  
  
The '''Trial Division''' has jurisdiction in claims against the Crown and miscellaneous cases involving the Crown.
+
The '''Trial Division''' has jurisdiction in claims against the Crown and miscellaneous cases involving the Crown.  
  
The '''Federal Court of Appeals''' hears appeals from (1) the Trial Division, (2) other federal tribunals, and (3) decisions of federal boards and commissions.
+
The '''Federal Court of Appeals''' hears appeals from (1) the Trial Division, (2) other federal tribunals, and (3) decisions of federal boards and commissions.  
 +
 
 +
 
 +
 
 +
=== Divorces  ===
 +
 
 +
From 1840 to 1968, divorces in Canada were granted by private acts of the Parliament of Canada.<br>The[http://www.collectionscanada.gc.ca/databases/divorce/index-e.html &nbsp;Library and Archives Canada] database covers those divorces in parliamentary publications from 1841-1968.<br>
 +
 
 +
{{Place|Canada}}
  
 
[[Category:Canada]]
 
[[Category:Canada]]

Revision as of 16:17, 2 December 2011

Canada Gotoarrow.png Court Records

Because they can be difficult to use, search the court records of Canada after other records. They can give:

  • Family relationships.
  • Places of residence.
  • Occupations.
  • Descriptions of individuals.
  • Family history information.

Because of their importance to family history, several types of court records are discussed in other sections: "Probate," "Notarial," and "Naturalization and Citizenship."

Other court records include:

Equity or chancery courts, which handle disputes between individuals where there is no violation of law.

Other civil courts, which handle cases when an individual (but not society) has been harmed.

Criminal courts, which deal with violations of law such as theft and murder.

Coroners’ inquests to determine cause of death, which are also classified as court records.

Court records are difficult to use because:

There are many records.

They are not well indexed.

Court names and jurisdictions change.

They use many legal terms and abbreviations.

To interpret court records, a legal dictionary can be helpful, such as:

The following article describes the process of finding reported court decisions:

  • Sparling, Lois. "Using a Law Library for Family History Research," Chinook: The Journal of the Alberta Family History Society. Winter 1998, 33, 36–39. (Family History Library book 971.23 D25a; computer number 736593.)

Many court records have been lost in fires or destroyed to save space. Some have been preserved at courthouses and at national and provincial archives. Contact the archives to ask about their records. Names and addresses of courts are in:

  • Canadian Sourcebook. Don Mills, Ont.: Southam Inc., annual. (Family History Library book 971 B5c; computer number 819162.) Editions before 1998 were called:

The Family History Library has probate and notarial records but few other court records. See the research outlines of the provinces and the Locality Search of the Family History Library Catalog under:

[PROVINCE] - COURT RECORDS

[PROVINCE], [COUNTY] - COURT RECORDS

Provincial Courts

The names and functions of provincial courts have changed considerably through the years. Presently, many provinces have three levels of courts:

The Superior or Supreme Court.

This has two divisions: (1) the Trial Division (or Court of Queen’s Bench) hears serious civil and criminal cases and has authority to grant divorces; (2) the Court of Appeals hears appeals of civil and criminal cases from the Trial Division or from lower courts.

(Often) midlevel county or judicial district courts.

These courts have been eliminated from some provinces. County courts hear criminal trials of certain serious offenses and civil cases involving more than a specified amount of money.

Lower-level provincial courts or their equivalent.

Provincial courts handle lesser matters and are often divided into civil (small claims court) and criminal divisions.

Probate or surrogate courts which deal with wills and estates are separate from other courts, although they are usually presided over by county or Superior Court judges.

A wiki article describing an online collection is found at:

Saskatchewan Judicial District Court Records (FamilySearchHistorical Records)

Federal Courts

The administration of justice rests mainly with the provinces. However, the Supreme Court of Canada is the ultimate court of appeal in both civil and criminal cases throughout the country. Federal courts were established at these times:

1867. Federal courts (created by the Constitution Act of 1867 and later acts and amendments)

1875. Supreme Court of Canada

1971. Federal Court of Canada (replaced the Exchequer Court of Canada which began in 1875)

The Federal Court of Canada has two divisions:

The Trial Division has jurisdiction in claims against the Crown and miscellaneous cases involving the Crown.

The Federal Court of Appeals hears appeals from (1) the Trial Division, (2) other federal tribunals, and (3) decisions of federal boards and commissions.

 

Divorces

From 1840 to 1968, divorces in Canada were granted by private acts of the Parliament of Canada.
The Library and Archives Canada database covers those divorces in parliamentary publications from 1841-1968.