Discovering the Evolution of Canada’s Court System

Have you ever wondered how Canada’s court system developed over time? Whether you’re a licensee, legal researcher, or law librarian, exploring the history and development of our legal institutions is both surprising and informative. To support your research, we’ve gathered a selection of our favourite reference tools – available online and at the Great Library – that chronicle the history of courts in Ontario and Canada. These resources are especially useful when researching historical legal decisions and seeking to understand how court names and structures have changed over time.

Ontario Courts

• Historic Ontario Courts (Paul Martin Law Library website, Windsor Law, U of Windsor). Provides a historical overview outlining the evolution and hierarchical levels of Ontario’s superior courts and appellate courts.
  
  
• Ontario Court of Justice: A History (Ontario Court of Justice website)
  The Ontario Court of Justice website features a timeline that traces the evolution of this court and its predecessors, offering a concise overview of structural changes over time.
  
  
• “Evolution of the Ontario Courts, 1788–1981” by Margaret A. Banks. This scholarly essay appears in Essays in the History of Canadian Law, Vol. II (Osgoode Society, 1983) and is available on the 1^st floor of the Great Library under call number KF 345 E884. It’s a comprehensive and authoritative resource on Ontario’s judicial development.
  
  
• Report of the Ontario Courts Inquiry by Thomas G. Zuber (Ontario Ministry of the Attorney General, 1987). An interesting snapshot of a detailed analysis of the judicial structure and historically recommended reforms.

Canadian Courts

• Canadian Court System in The Practical Guide to Canadian Legal Research, 4th ed. by Nancy McCormack, Catherine Cotter and John Papadopoulos (Carswell, 2015), at 17.
  Includes a visual chart of all Canadian courts by jurisdiction, complete with founding dates (adapted and revised from The Canadian Abridgement Canadian Court System Poster, 2013).  Available in the Reference section on the 2^nd Floor of the Library under call number KF 240 C36 2015 REF.
  This resource is invaluable for tracking the development of courts across Canada over time.
  
  
• Canadian Court System Poster (Westlaw Canada, 2022)
  This visual guide offers a comprehensive overview of courts across all Canadian jurisdictions – past and present. It was originally made available as a small, cerlox-bound booklet to Canadian Abridgment subscribers.
  
  
• The Federal Court of Canada: a history, 1875-1992 by Ian Bushnell. (Osgoode Society, 1997). The coverage of the court’s history begins with the creation of the Exchequer Court of Canada in 1875 and ends with the coming into force of the 1990 reforms in 1992. Make sure to explore the appendices and endnotes, which include interesting references, including those to Parliamentary Debates. Available on the 1st Floor of the Library under call number KF 8764 .ZA2 B872 1997.
  
  
• The Supreme Court of Canada: history of the institution by James G. Snell and Frederick Vaughan. (Osgoode Society, 1985). A chronological history covering the period from 1867 to 1982 (and, as with the book mentioned above, don’t forget to delve into the endnotes). Available on the 1st Floor of the Library under call number KF 8764 .ZA2 S64.

Whether you’re piecing together historical litigation or simply want to know more about how today’s court systems came to be, these resources offer a strong foundation for your research.

Have questions about locating a historical decision? Great Library staff are here to help! Email us at greatlibrary@lso.ca.