Ontario. Magistrates' Courts

• Magistrates' Courts

• Ontario. Police Magistrate's Courts

• Canada (Province). Police Magistrate's Courts

• Canada (Province). Police Courts

• Ontario. Police Courts

Although the term, "Magistrate's Court" was not used in legislation until 1934, the office of police magistrate and the court constituted by this individual, had been in place since at least 1849. In that year, legislation was passed that established a Police Office in each town listed in the act, and directed the police magistrate for that town "to attend daily, or at such times and for such period as shall be necessary for the disposal of the business to be brought before him as a Justice of the Peace."

With the passing of the "Act to amend the Magistrates Act", in 1934, these "police courts" were formally titled "Magistrates' Courts". The jurisdiction and authority of magistrates and the magistrates' courts was further established in the Magistrates Act of 1936. As before, magistrates were appointed by the Lieutenant Governor in Council, and were to be a justice of the peace. Magisterial districts were also established over which a senior magistrate would preside. Judges and deputy judges of a juvenile court were also declared to be ex officio a magistrate, but could act as such only when directed to do so by the Attorney General.

The position of Chief Magistrate was created in 1964, with responsibility over arranging the sittings of magistrates, assigning magistrates for hearings as required, and to act as the senior magistrate for The Municipality of Metropolitan Toronto.

The Magistrates' Courts were replaced by the Provincial Courts (Criminal Division) in 1968.

The Magistrates' Courts were presided over by the police magistrate for a town, with jurisdiction over local "petty" offences and by-law infractions.

An Act to provide, by one general law, for the erection of Municipal Corporations and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships, and Villages in Upper Canada, Statutes of the Province of Canada 1849, Chap. 81

An Act to amend The Magistrates Act, Statutes of Ontario 1934, Chap. 28

Magistrates Act, Statutes of Ontario 1936, Chap. 35

RAD: Rules for Archival Description, 2nd edn (2008)

2026-11-16: migrated to AtoM

Banks, Margaret A. The Evolution of the Ontario Courts, 1788-1981 (1983)

Zuber, The Honourable T.G. Report of the Ontario Courts Inquiry (1987)

Agency not in Canadiana Name Authorities, 1996-12-24.

Archivist(s):
R. Anger