Courts and Tribunals

There are three courts in Alberta administered by the province: The Court of Appeal of Alberta; the Court of King's Bench of Alberta; and the Provincial Court of Alberta. Other courts which administer laws in Alberta include the Federal Court of Canada, the Tax Court of Canada and the Supreme Court of Canada. There are also a number of boards and tribunals in Alberta whose decisions may be appealed to the courts. The following resources can help you understand more about various courts and tribunals.

Administrative Tribunals Canada (CanLII)

This webpage from the Canadian Legal Information Institute (CanLII) contains a listing of links to federal boards and tribunals in Canada (scroll halfway down the page). For a list of provincial and territorial boards and tribunals, click on the province/territory in the list on the left hand menu bar and then scroll down to the Boards and Tribunals list.

 

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Alberta Court of King's Bench

The Court of Queen’s Bench is the Superior Trial Court for the Province, hearing trials in civil and criminal matters and appeals from decisions of the Provincial Court. The Chief Justice and other Justices of the Court of Queen’s Bench are also judges of Surrogate Matters, which has jurisdiction over probate and administration of estate matters.

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Alberta Human Rights Commission

The Alberta Human Rights Act establishes the Alberta Human Rights Commission to carry out functions under the act. The Commission is an independent commission created by the Government of Alberta, which reports to the Minister of Culture and Community Spirit. The Commission has a two-fold mandate: to foster equality and to reduce discrimination. It fulfills this mandate through public education and community initiatives, through the resolution and settlement of complaints of discrimination, and through human rights tribunal and court hearings.

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Alberta Labour Relations Board

The Alberta Labour Relations Board is the independent and impartial tribunal responsible for the day-to-day application and interpretation of Alberta’s labour laws. The Board administers and interprets the Labour Relations Code and other laws focused on unionized workplaces. The Board actively encourages dispute resolution, employs officers for investigations and makes major policy decisions.

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Calgary Drug Treatment Court

The Calgary Drug Treatment Court has been in operation since 2007, providing the only community alternative to incarceration for non-violent drug-addicted offenders whose crimes are driven by drug addiction. CDTC is an evidence-based program that integrates court intervention and treatment services to end drug-driven crime and assist participants to return to family, work and community.

 

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Court Procedures in Small Claims Court

This information discusses the procedures of the Civil Division of the Provincial Court. The Civil division is often referred to as Small Claims Court. The purpose is to make you aware of your legal rights and responsibilities.
Information is provided by Calgary Legal Guidance funded in part by the Alberta Law Foundation.

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Immigration and Refugee Board

The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law. The IRBdecides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.

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Metis Settlements Appeal Tribunal (MSAT)

The mission of the Metis Settlements Appeal Tribunal (MSAT) is to promote self-governance, certainty, and respect within the Metis Settlements through adjudication, mediation and education. MSAT deals with land and membership disputes. MSAT also amends right of entry orders and settles compensation disputes for oil and gas activities on Settlement lands. MSAT may resolve other matters as called for in Metis Settlements General Council Policies and local Settlement by-laws.

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Occupational Health and Safety Tribunal Canada

Appeals Officers in occupational health and safety, designated by the Minister of Labour and grouped under an administrative structure known as the Occupational Health and Safety Tribunal Canada (Tribunal), exercise the functions of an administrative tribunal.The mission of the Appeals Officers is to ensure expert, independent, unbiased quality service to all parties by treating them equally, fairly and with understanding, respect and dignity.

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Office of the Appeals Advisor on Workers' Compensation Matters

The Office of the Appeals Advisor (OAA) was established to advance the interests of injured workers and their dependants. Appeals advisors are all certified in Tribunal Administrative Justice, are specialists in interpreting and applying the Workers’ Compensation Act and WCB policies. They will walk you through the appeals process and act as your representative throughout. The OAA acts independently of WCB when representing workers and, whenever possible, they try to work directly with WCB’s customer service areas to resolve issues so that a formal appeals hearing is not necessary. There is no charge to you for this service.

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Residential Tenancy Dispute Resolution Service (RTDRS)

The Residential Tenancy Dispute Resolution Service (RTDRS) offers landlords and tenants an alternative means of resolving serious disputes outside of court. A tenant or a landlord who has concerns related to an eviction, unpaid rent/utilities, security deposit, damages, repairs or other common disagreements can use the service.

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Tax Court of Canada

The Tax Court of Canada is the youngest superior court in Canada. The Court’s jurisdiction includes the hearing of appeals from assessments under the Income Tax Act, the Excise Tax Act (Goods and Services Tax “GST”), the Employment Insurance Act and the Canada Pension Plan, among others. The website gives access to the court judgments as well as providing information for people who plan to represent themselves at the court.

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The Judicial Structure: How the Courts are Organized

The federal and provincial and territorial governments are all responsible for the judicial system in Canada. Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces. Parliament can also establish a general court of appeal and other courts. It has created the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court. This Justice Canada webpage provides an outline of Canada’s court system.

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Traffic Court (Alberta Court of Justice)

Traffic Court is part of the Alberta Court of Justice. It deals with offences pursuant to many provincial statutes and regulations, municipal bylaws and a few specified federal statutes. In spite of its name, Traffic Court is not limited to only hearing traffic related offences. Traffic Court does not deal with most offences created by federal statutes such as the Criminal Code and the Controlled Drugs and Substances Act.

Young persons aged 12-17 years of age who are charged with a Provincial offence are dealt with in the Youth Division of the Alberta Court of Justice. In some court locations there is a distinct Youth Traffic Court.

Trials in Traffic Court, whether involving an adult or a young person, are usually heard by a Justice of the Peace. However in some locations trials are heard by a Justice of the Alberta Court of Justice.

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