Ontario. Provincial Court. Family Division

• Family Division

The Provincial Courts (Family Division) was established by statute in 1968, replacing the Juvenile and Family Courts of the province. The Provincial Courts, consisting of both the Criminal Division and the Family Division, were in large part, created on the recommendations of the Royal Commission Inquiry into Civil Rights, commonly referred to as the McRuer Commission.

Under the new act, each county and district of the province was to have a Provincial Court (Family Division) and a Provincial Court (Criminal Division). Provincial judges were appointed by the Lieutenant Governor in Council on the advice of the Minister of Justice and Attorney General. Each provincial judge had jurisdiction throughout Ontario, as well as all the authority of a magistrate, two justices of the peace sitting together, or a juvenile and family court judge.

The positions of Chief Judge of the Provincial Court (Family Division) and Chief Judge of the Provincial Court (Criminal Division) were also established by the act. These Chief Judges were responsible for supervising and directing the arrangement of sittings of their respective courts and for the assigning of judges to hearings. In 1977, an Associate Chief Judge was added to each division.

In 1989, the family and criminal divisions of the Provincial Court, along with the Provincial Offences Court, were merged to form the Ontario Court of Justice (Provincial Division).

The Provincial Courts (Family Division) had jurisdiction over matters dealing with domestic relations law, including the custody of children, support orders for spouses, infants and destitute parents, and exclusive possession of a matrimonial home; child welfare; and juvenile delinquency. There is a Provincial Court (Family Division) in each county, district, or judicial district, in the province, except for the judicial district of Hamilton- Wentworth, where the Unified Family Court sits.

Provincial Courts Act, Statutes of Ontario 1968, Chap. 103

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

2026-11-16: migrated to AtoM

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

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

Ministry of the Attorney General. Civil justice Review 1995

Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger