Superior Court - Criminal Matters

The Superior Court hears cases in civil law (Civil Division) and criminal law (Criminal Division). The word "division" refers to the nature of the cases heard before the court rather than to any physical separation of the court.

In the Criminal Division, the court is made up of a judge and 12 jurors. A trial will take place before a judge alone only in exceptional cases. Certain offences, like murder, treason, and piracy, are the exclusive responsibility of the Criminal Division of the Superior Court. A person accused of one of these offences will automatically be judged by a court composed of a judge and jury. Otherwise, for most offences under the Criminal Code of Canada, the accused has the choice to have a trial either in the Criminal Division of the Superior Court, or before a judge alone. In the second case, the file will be sent to the Court of Québec, Criminal and Penal Division. If the accused does not make a choice, he will be assumed to have chosen a trial in the Superior Court before a judge and jury.

In addition to hearing criminal cases, the Superior Court can also hear appeals from decisions of the Court of Québec or the municipal courts for offences punishable on summary conviction (generally less serious crimes).