Lex Pundit
Foundations

Jurisdiction

A court's authority to decide — over this subject, this person, this place. Without it, nothing a court does counts.

The idea

Jurisdiction is the threshold question of every case: does this court have the power to hear it? The answer may turn on subject matter (a small-claims court cannot try murder), territory (courts generally reach conduct and people connected to their territory), or the parties (some tribunals bind only those a statute names).

Jurisdiction also organises whole systems. Federal countries divide it between levels of government; superior courts hold 'inherent' jurisdiction to hear anything not assigned elsewhere, while statutory courts and tribunals hold only what their statutes give them.

An example

A defendant sued in Ontario over a contract made and performed in France moves to stay the claim: the dispute, they argue, has no real and substantial connection to the province. That is a jurisdictional fight.

In Canada

Sections 91 and 92 of the Constitution Act, 1867 split legislative jurisdiction between Parliament and the provinces — and a century and a half of case law referees the boundary.