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The Courtwatcher’s

Manual

Fourth edition

Judith Blackwell, M.A., LL.B.

Law Courts Education Society of British Columbia

Legal Services Society of BC

The Courtwatcher’s Manual iii

C o n t e n t sI n t r o d u c t i o n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

THE PURPOSE AND STRUCTURE OF OUR COURT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter One:The Purpose of Our Court System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Why Do We Have Courts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2W h e re Did Our Court System Begin? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3How Do Courts Make Decisions? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Common Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Statute Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

What Features Distinguish Our Courts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5The Adversary System of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6What Kinds of Cases Appear in Court? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Civil Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Criminal Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Our Constitution and the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0Court Documents: From Paper to Computer . . . . . . . . . . . . . . . . . . . . . . . . 11

Chapter Tw o :The Structure of Our Court System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3

Why Do We Have Diff e rent Levels of Court? . . . . . . . . . . . . . . . . . . . . . . 1 3The Courts of British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 4Chart: Courts of British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5P rovincial Court: The Basic Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4

Criminal Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4Family Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6Small Claims Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6Tr a ffic Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6

S u p reme Court of British Columbia: The Second Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7

Court of Appeal of British Columbia: The Province’s Highest Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8

Federal Court System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9Federal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9Federal Court of A p p e a l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9S u p reme Court of Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0

iv The Courtwatcher’s Manual

SPENDING THE DAY IN COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3

Chapter Three:W h o ’s Who . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4

The Courtroom Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4Chart: Supreme Court Criminal Courtro o m. . . . . . . . . . . . . . . . . . . . . . . . . 2 6The Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5

J u d g e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5J u r i e s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7L a w y e r s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8Court Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9Wi t n e s s e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9

Chapter Four:What Happens in Civil Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1

Starting a Civil Court Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1P roving the Claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2The Civil Tr i a l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2

Chapter Five:What Happens in Criminal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5

First A p p e a r a n c e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5Who Will Try the A c c u s e d ?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5Guilty or Not Guilty? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7Release from Custody. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8First A p p e a r a n c e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0The Preliminary Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0P roving the Charg e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1The Criminal Tr i a l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2

Chapter Six:C o n c l u s i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6

G l o s s a r y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7

R e s o u r c e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 0Law Courts Education Society of British Columbia . . . . . . . . . . . . . 5 0C o u r t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1Other Organizations in British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1Educational Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3

The Courtwatcher’s Manual Introduction • v

IntroductionThis booklet will introduce you to our court system, its special rules andlanguage, and the characters who play their parts in it.

Every time you pick up a newspaper or turn on the evening news,you hear about cases being decided in our courts. The cases that makethe biggest headlines are murder trials or important decisions by theSupreme Court of Canada. But the courts are involved in other cases,including everything from family law to business law. Our courts havea great deal of power and touch our lives in many ways. They are theplaces where the laws of our country are applied or enforced.

Chances are that at some point in your life, you’re going to findyourself inside a courtroom as a participant. You may be called for juryduty. You may sue or be sued in a civil action. You may attend as awitness. You may want a divorce or custody of your children. Or youmay be charged with a criminal offence. Ifyou don’t know anything about the courtsand how they function, the courtroom maybe a strange and intimidating place.

It’s best to get to know the courts as acourtwatcher. A courtwatcher is a spectator,someone who can take in all the action anddrama of the courtroom without havinganything at stake in the process.

In this manual, Themis the Greekgoddess of law, justice and order willguide you through this process.

You will notice that Themis hasa scroll of paper, a scale and apiece of cloth. Each of these itemsrepresents an element of thejustice system. For instance, thescroll of paper symbolizes thewritten rules of law, the scalesymbolizes equal treatment ofall participants, and the piece ofcloth is usually placed acrossher eyes to symbolize that justiceis blind.

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Regardless of your race, age, ethnicity or economic standing, the justicesystem aims to treat everyone equally.

This book is a basic guide to courtwatching. It takes a look at whywe have courts in the first place and reviews the structure of our courtsystem. Then it introduces you to the participants you will be watchingin court and the procedures that you will see unfolding before you.

If you have questions about the terms used in this book, or if youwant more information about a particular subject, turn to the back.There, you’ll find a Glossary on page 47 and a list of Resources on page50. Throughout the book, words that are highlighted in bold type willbe defined in the Glossary at the back.

After you’ve read this book, drop in to a local courthouse andwatch the system in action. Please keep in mind however, that thecourthouse is a very traditional, formal environment that warrants arespectful, sensitive, and serious attitude from the pubic. To ensure thatthe learning experience is a positive one for everyone, please follow thefollowing proper protocol:

• If you are in a large group, please court watch in differentcourtrooms in small groups of 4-8 people.

• Time your exit from the courtroom 5 minutes after anothergroup has either entered or exited the courtroom.

• Enter and exit courtrooms quietly and stand when a judgeenters or exits. You may enter the courts while they are insession.

• Talking is not permitted in courtrooms. Please do not discusstrials in the halls. Please turn off all cell phones and pagers.

• Gum, food, hats, weapons, recording devices, cameras , andstanding are not permitted. The courthouse is a non-smokingbuilding.

• Once in a courtroom, stay at least 30 minutes before exiting asthat is the least disruptive to the court proceedings.

• Large bags and backpacks are not permitted in courtroomswhere a Sheriff is using a metal detector. If the metal detector isnot in use, you can proceed through.

Thank you for your cooperation and we hope that this book will makecourtwatching a more interesting experience for you.

The Courtwatcher’s Manual 1

THE PURPOSE AND STRUCTUREOF OUR COURT SYSTEM

2 • Chapter One The Courtwatcher’s Manual

You may have some basic questions about our court system suchas:

• Why do we have courts?

• Where did our court system begin?

• How do courts make decisions?

• When people say we have a ‘common law’ tradition inEnglish-speaking Canada, what are they talking about?

• What’s the difference between common law and statutelaw?

• What does an adversary system of justice mean?

• What is the difference between civil and criminal law?

Interested in getting some concise answers? This chapterprovides them for you.

Why Do We Have Courts?As civilization developed and people began to live together inlarge communities, conflicts were inevitable. In order to settledisputes, shared values and rules of conduct developed frommere custom into formal laws. In time, courts were established toenforce those laws.

The development of laws, with courts to enforce them, meantthat similar actions came to be treated in similar ways. Therefore,people could understand, ahead of time, what the consequencesof their actions might be.

Chapter One:

The Purpose of Our Court System

The Courtwatcher ’s Manual Chapter One • 3

Where Did Our Court System Begin? The model for our court system comes from feudal times inEngland. Following the Norman Conquest in 1066, the Kingbegan to hold court to listen to his subjects’ complaints.

Gradually, this responsibility was passed to his advisors.They became judges in formal courts: the Court of the King’sBench (for criminal cases); the Court of Common Pleas (forprivate conflicts); and the Exchequer Court (for monetarydisputes). These courts became the basis of the English courtsystem.

How Do Courts Make Decisions?To decide a case, a court can use two kinds of law: common lawand statute law. Let’s look first at common law.

Common Law

When the King’s courts were established in the 12th century, theKing’s judges first decided individual cases on their merits andlocal custom. However, in time, as the judges returned from their

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areas and compared notes, they began to decide similar cases insimilar ways. They began to follow previous decisions. In thisway, the elements of uniformity, consistency, and predictabilitywere introduced into the judges’ decisions.

The law was no longer simply a matter of local custom. Itbecame a system “common” to the whole country. This is what ismeant by common law (see Glossary, page 47).

Common law is judge-made law. It is a set of rules, or“precedents,” that have been extracted from hundreds of years ofcases. The decisions in these cases are published in books calledlaw reports. As these decisions mount up, they gradually formprinciples of law. So it’s possible for a judge to go back to a casedecided in the 1840s, for example, to find the principle of lawthat decides the outcome of a case today.

When a judge looks at past cases in order to decide a currentcase, he or she is applying one of the most basic principles of ourlegal system: like cases should be decided alike. This principleremains essential for the law’s stability and predictability.

Statute Law

The other source of law that judges use to decide cases is statutelaw (see Glossary, page 47). Statute law is the law created by ourgoverning bodies or legislature. The Canadian constitutionaffirms the principle of parliamentary supremacy as: it is ourelected governments that enact laws. The Parliament of Canadain Ottawa creates federal laws for the whole of Canada; theprovincial legislature in Victoria creates statutes for BritishColumbia; and, at the municipal level, our local councils, usingpowers given to them by the provincial legislature, enact lawsabout local matters. The Canadian Constitution also allows someinfluence by the courts to ensure that legislation protects therights of Canadians established under the Canadian Charter ofRights and Freedoms.

The wording of statutes is sometimes difficult to interpret,and often judges must look at previous cases — the common law— to help make sense of the law. Statute law may endorse,

The Courtwatcher’s Manual Chapter One • 5

override, or vary common law. In areas where there is no statutelaw, the courts can always look to the common law.

However, one thing is certain: laws, be they common law orstatute, can affect our lives from birth to death, from theregistration of our births to the distribution of our estates whenwe die.

What Features Distinguish Our Courts?When you enter a courtroom, especially one of the higher courts,one thing that strikes you immediately is the formal, dignifiedatmosphere. Not so long ago, judges and lawyers wore wigs tocourt, just as dignified courtiers wore in the 18th century. Today,judges and lawyers can still be found wearing flowing, blackrobes. These formalities are meant to emphasize the seriousnessof court proceedings. Frivolity is out of place here.

Another main feature is the courts are generally open to thepublic. You have only to think of the secret courts of militarydictatorships to appreciate how an open court system helps topreserve fundamental human rights. Justice that is open to publicscrutiny and criticism must be fair and have the support of thepublic. It is only in exceptional cases that the courts are closed tothe public to protect the rights of individuals. The trials of youngpeople are sometimes closed. The court can prohibit presscoverage of preliminary criminal hearings in order to prevent thepublic, from which the jury will be selected, from prejudging anaccused person.

Another distinguishing feature of our system is itsindependence, or impartiality. Once appointed, judges aredifficult to remove from office and therefore enjoy a security oftenure (guaranteed permanent employment) that gives themsome immunity (protection) from threats and bribes. (For a moredetailed discussion of judges, see the section entitled “Judges” onpage 25.) Think of a judge as an impartial decision-maker whocomes to court with an open mind, ready to be persuaded byeither side of the case. The structure of legal argument that was


developed in our courts — the adversary system — allows thejudge to hear both sides argued vigorously.

The Adversary System of JusticeIn the adversary system, a sort of competition takes place, witheach side rallying all its forces to convince the court that itsargument about guilt or liability should win out. Typically, theevidence is presented and the arguments are put forward bylawyers for each side.

The adversary system rests on the concept that justice canbest be served by having each side put forward the strongest caseit can. Unlike some European courts, where the judge may takean active part in examining witnesses or probing to find guilt,our adversary system leaves the presentation of the case and theevidence to back it up in the hands of each side.

Our system is based on a belief that seldom can one personbe equally successful in searching out all the evidence orarguments for both sides. It is better to let each side gather all theevidence for its own position. Then each of them can presenttheir arguments, and the judge can decide.

Our judges only get involved in rare instances to resolvedifferences between the opponents. The judge in our courts must:

• Ensure that all the procedures are properly followed;

• Listen to both sides of the case; and

• Decide the outcome, according to the law.


What Kinds of Cases Appear in Court?In Canada, laws are divided into two broad categories: civil andc r i m i n a l .

Civil Law

Civil law is clearly distinguished from criminal law. Civil disputesalways involve the private interests of individuals, groups, oro rganizations, including the government. When they cannot reachan agreement, one of them can ask the courts to decide.

It is important to realize that the courts only become involvedin civil matters because an individual, group, or organization hasasked them to. The role of the courts in civil disputes is to pro v i d ea way of resolving conflicts. There f o re, the courts help to maintainthe rule of law not only in criminal matters but in civil matters asw e l l .

The participants in a civil suit are called “parties.” The partymaking a claim or starting an action is known as the “p l a i n t i ff” or“p e t i t i o n e r.” The party accused of causing the damage or injury isknown as the “d e f e n d a n t” or “r e s p o n d e n t” (see the Glossary onpage 47 for more information about all four of these terms).

The judge’s decision in a civil suit always rests on the “balanceof probabilities.” For example, if the evidence shows that it ism o re probable than not that Jones’s dog bit the plaintiff Smith, thejudge will order Jones to pay Smith compensation. In other word s ,if the plaintiff Smith can prove that, on the balance ofp robabilities, his evidence is stro n g e r, he will succeed, and Joneswill be found liable.

Civil law describes a wide range of disputes. A dispute may

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arise out of the common law, the interpretation of a particularstatute, or both. For example, a civil case might be about whethera fence is on one neighbour’s property or another’s or aboutwhether a man will receive part of his dead sister’s estate. Othercivil cases may concern a businessman’s responsibility forpayments under a signed contract or a trucking company’sobligation to pay for damage caused in a traffic accident.

Civil cases are generally identified by the names of the partiesinvolved, with the plaintiff’s, or petitioner’s, name first. A c a s elisted as B rown v. Schulz might mean that James E. Brown has filedsuit for compensation against Marg a ret L. Schulz, claiming thatMs. Schulz has caused him damage or injury.

Criminal Law

In a criminal case, it is the state, re p resenting the interests of thewhole community, that charges an individual (or, in some cases, acompany) of committing a criminal offence. All criminal off e n c e sa re specified by statute and only the federal Parliament, theelected re p resentatives of the whole community, can designatewhat constitutes a crime. Provincial and municipal governmentscan create “quasi-criminal” offences (see Glossary, page 47),which impose less serious penalties.

Because the criminal law considers society as a whole injure dby a crime, criminal actions are conducted against the accused inthe name of Her Majesty the Queen, who, as Canada’s head ofstate, re p resents the interests of society. So, if Ms. Schulz werebeing charged with a criminal offence, the case would be knownas Regina v. Schulz. (R e g i n a is the Latin word for “queen”. (SeeG l o s s a r y, page 47.)


The Queen’s re p resentative is a lawyer who is called counselfor the Queen, or Crown counsel (see Glossary, page 47), and whoperforms the role of pro s e c u t o r. When the Crown counselo rganizes and presents the case against the accused, he or she isre p resenting the state — the whole community.

In a criminal case, the burden of proof is on the state. TheC rown counsel must present evidence that establishes the guilt ofthe accused beyond any reasonable doubt. (This is diff e rent fro ma civil action, where the plaintiff only has to prove his or her casea c c o rding to a balance of probabilities.) The accused person isentitled to the benefit of any reasonable doubt, because theconsequences of convicting an innocent person are very seriousi n d e e d .

Most criminal offences are set out in the Criminal Code ofC a n a d a (see Glossary, page 47). Other federal statutes, such as theC o n t rolled Drugs and Substances Act and the Competition Act, a l s oc reate criminal offences. A person charged with a criminal off e n c emay be fingerprinted and will have a criminal re c o rd if convicted.

To complicate things further, certain provincial statutes (suchas the Liquor Control Act and the Motor Vehicle Act) and municipalbylaws (such as parking regulations) create “quasi-criminal”o ffences. Breaking a “quasi-criminal” law may result in a fine orjail term even though the offender will not get a criminal re c o rd .

Criminal law and civil law often overlap. For example, drivingwhile one’s ability is impaired by alcohol is a common basis for acriminal charge. If Ms. Schulz were found driving in thiscondition and her driving had caused an accident, she might bec h a rged with the criminal offence of impaired driving, and shemight also be sued in a civil action by the victims of the accident.Ms. Schulz might, there f o re, end up in two diff e rent courtro o m sfacing two diff e rent cases — one criminal and one civil — arisingf rom the same incident.


Our Constitution and the LawIn order to understand the stru c t u re of our legal system, you haveto know a little bit about the Canadian Constitution. Aconstitution lays out the basic organizing principles governing ac o u n t r y. Our constitution is not just one document. Instead, it is acollection of statutes and customs handed down through they e a r s .

Under the original constitutional document — the British N o r t hAmerica Act, which dates from Confederation in 1867 — powersw e re divided up among the federal government and thep rovinces. Each division of government authority is called ajurisdiction (see Glossary, page 47).

One of the jurisdictions given to the federal government wasthe power to pass criminal laws and decide criminal courtp ro c e d u re. This is why we have a single set of criminal laws forthe whole of Canada. By contrast, the constitution of the UnitedStates gives each state some power to decide which acts arecriminal. One of the jurisdictions given to the provinces was thepower to pass laws concerning “property and civil rights.” That iswhy the provinces pass laws about transferring the title of ahouse, for example, and about human rights.

Another provision in the British North America Act gave thep rovinces the responsibility for the administration of justicewithin their own borders. (This is why, for example, you can see acriminal offence being tried in Provincial Court.)

Under the British North America Act, power to amend theconstitution remained in the hands of the colonial power: theParliament of the United Kingdom. In 1982 the Constitution Actwas enacted to replace the British North America Act and torepatriate power of amendment to Canada. Under the C o n s t i t u t i o nAct, the British government ceased to have any role in Canadiana ffairs. Now our constitution can only be changed if the federaland provincial governments agree.

Another important change in 1982 was the addition to ourconstitution of the C a n a d i a n Charter of Rights and Freedoms, w h i c hguarantees certain democratic, legal, and equality rights for allCanadians. Now any law that is inconsistent with the pro v i s i o n s

The Courtwatcher’s Manual Chapter One • 11

Court Documents: From Paper to Computer

One of the first things that will strike you as a courtwatcher is how muchthe legal system depends, from beginning to end, upon documents.Without the right documents, the legal process would grind to a halt.

Written documents are a vital part of this process. Think, for example,of a will, or a written contract, or a petition for divorce. In a civil action,the plaintiff prepares documents detailing the claim and describing theamount that he or she is seeking in compensation; the defendant likewiseproduces a document, outlining his or her position about the claim. In acriminal proceeding, too, documents are important. For example, theaccused may make a statement, which can be introduced as evidence incourt.

The documents enable everyone involved in acase to have the same information. It ensures the legalsystem’s consistency, objectivity, and rationality. It’s alsopractical: it means that everyone involved doesn’t haveto gather in the same room every time one of them hassomething to say.

Increasingly, paper documents are being replaced bytheir electronic equivalents. Electronic access to the courtsmakes participating in a court action much easier. Manyapplications or other court documents can now be filedonline or by fax. Court forms are also often available on thewebsites of the various levels of court and, once the case isdecided, reasons for judgment are freely available on theWeb.

When you attend court as a courtwatcher, you mayalso see technology used in other ways. Court reportersuse laptop computers to record court transcripts. Videocameras, televisions, and video players may bepresent to allow a judge in one courtroom toparticipate in a trial taking place in anothercourtroom kilometres away or to presentvideotaped evidence. In high profile cases, liveaudio/video feeds may broadcast courtproceedings to overflow courtrooms.

All these advances expedite the paperprocess of the law. Evolving with electronicchange, the legal system is keeping pacewith technological advances to maintainthe documentation process on which thelegal system depends.


of the C h a r t e r can be declared invalid by the courts. Since theC h a r t e r was introduced, the courts have been very busy decidingwhich laws may actually come in conflict with it.

Under the C h a r t e r the courts continually assert their powerover decisions Parliament makes in the form of legislation. Forexample, in 2003 Parliament proposed to enact federal legislationextending the right to civil marriage to same-sex couples. Thisproposed legislation also supported the freedom of religiouso fficials to refuse to perform marriages that they didn’t agre ewith. In December 2004, the Supreme Court of Canada decidedthat cabinet does not have the power to enact legislation thati n t e r f e res with equality rights under the C h a r t e r. This casedemonstrates the ongoing balance that must be struck betweenthe supremacy of the courts and the supremacy of Parliament.

◆

In this chapter, you’ve seen that when we talk about the courtsi n t e r p reting the law, we’re actually describing something quitecomplex. “The law” is not a single entity. We have the commonl a w, which we’ve inherited from England. We have statute law,those laws that are passed by legislation. Finally, we have theconstitution, which spells out the responsibilities of the federaland provincial governments in passing laws and which, under theC h a r t e r, guarantees us certain rights and fre e d o m s .

F u r t h e r m o re, you’ve seen that the law can be divided into twob road areas: civil law and criminal law. Each area follows diff e re n tp ro c e d u res in order to deal with diff e rent kinds of legal pro b l e m s .

You’ve also seen that our courts use an adversary system ofjustice: each side puts forward the best evidence and arguments itcan. Then the judge, acting as an impartial decision-maker,determines the facts in the case and applies the law to those facts.

You’ve seen that our courts are open to the public, so that eachof us can go and see if the rights of the individual are beingp rotected. One of your rights as a citizen is to be a courtwatcher.

In order to really understand what’s going on in court,h o w e v e r, you need to know something about the stru c t u re of ourcourt system.

The Courtwatcher ’s Manual Chapter Two • 13

Chapter Two:

The Structure of Our Court System

B e f o re you go into a courtroom, you’ll want to know what kindof court it is, and what kinds of cases you can expect to find ithandling. This chapter provides a quick tour of the court system,looking at the diff e rent levels of courts and the work that they do.

Why Do We Have Different Levels of Courts?Our court system allows for the law to be interpreted withuniform consistency across Canada. Generally speaking, mostcases are dealt with at the trial courts, and appeals of decisionsare heard by appeal courts. The top appeal court for all ofCanada is the Supreme Court of Canada. It unifies theadministration of our legal system: all the other courts are boundto follow what it decides.

This process makes it possible to appeal a decision. If we hadonly one level of courts, people who felt their cases had beenimproperly decided would have nowhere else to go to seek abetter result. In our system, the higher courts can change a lowercourt’s decision on appeal.

Each level of court has a specific area of authority, called itsjurisdiction (see Glossary, page 47). The procedures for decidingwhich court has jurisdiction in a civil case have been set down bythe provincial legislature. The federal Parliament has decidedwhich courts will try the various kinds of criminal cases, and ithas established other courts to deal with matters within federaljurisdiction, such as taxation and immigration.

Each level of court has its own rules for procedure. Theserules specify, for example, the kinds of documents that must be

14 • Chapter Two The Courtwatcher ’s Manual

used to start an action, certain time limits that apply, and so on.These rules are set out in legislation.

The Courts of British ColumbiaIn British Columbia, the court hierarchy has three levels. It can beseen as a pyramid. The broad base of the pyramid is theProvincial Court of British Columbia, which hears the majority ofcases. Next, going upward, is the Supreme Court of BritishColumbia, and finally comes the highest court in the province,the Court of Appeal of British Columbia. (The only higher courtis the Supreme Court of Canada, which we’ll talk about on page 17.)

Provincial Court: The Basic LevelThe Provincial Court of British Columbia was established in 1969by the B.C. legislature and is divided into four divisions:Criminal, Family, Small Claims, and Traffic.

Provincial Court judges, who are addressed as “Your,Honour,” sit in 88 communities and are the only judges in oursystem who are appointed and paid by the province. Before 1969,Provincial Court judges were known as magistrates. In this court,the judges sit alone as there are no jury trials in Provincial Court.

Criminal Division

The Criminal Division hears trials of crimes such as theft under$5,000, mischief, and assault. The judges also conduct trials ofmore serious crimes where the accused chooses to have his or hertrial in this court.

If the accused person is charged with a more serious crimesuch as manslaughter, break and enter, or kidnapping, theaccused may have a right to choose to have a trial in ProvincialCourt or Supreme Court. This is called an election.


For a wall chart or print version of this diagram, visitwww.lawcourtsed.ca and click on Resources.


If the accused elects to have a trial in Supreme Court, theCrown counsel (government lawyer) needs to convince a judge ofthe Provincial Court that there is enough evidence for a trial to beheld in the Supreme Court. This is done in Provincial Court at apreliminary inquiry (see Glossary, page 47).

Murder trials are ordinarily heard in the Supreme Court witha judge and jury.

Family Division

The Family Division deals with both civil and criminal matters. Itis the court that helps families solve some of their legal problemsarising from a family breakup and also hears criminal casesinvolving family violence. Family Court judges can make ordersfor custody, guardianship, child apprehension, maintenance,visiting rights, and access. However, divorce and division offamily property cases are only heard in Supreme Court.

Small Claims Division

As of September 1, 2005 the Small Claims Division deals withcivil disputes involving $25,000 or less. This amount increasedfrom $10,000 to include cases that would otherwise have toappear in the Supreme Court of British Columbia.

The advantage of the Small Claims Division is that it isinformal. The informal procedures of the court allow people toargue their own claims without having to hire a lawyer. Thewhole process is quick and inexpensive. There are no civil juriesin Small Claims Court and appeals from the cases heard here canbe made to the Supreme Court of British Columbia.

Traffic Division

Traffic offences (such as speeding and parking violations) areheard here. This division also hears bylaw violations that areprosecuted using municipal tickets (such as violations under thedog bylaw or noise bylaw). These cases are heard by 33 JudicialJustices of the Peace, rather than Provincial Court judges.

The Courtwatcher’s Manual Chapter Two • 17

Supreme Court of British Columbia:The Second LevelThe Supreme Court of British Columbia is the highest trial courtin the province. It was created in 1859, when British Columbiawas still a colony. Before 1990, “County Courts” were located allover British Columbia, serving various “counties” defined by theCounty Boundary Act. County Courts were eliminated in 1990,and the counties became “Judicial Districts of the SupremeCourt.”

The Supreme Court of British Columbia consists of the ChiefJustice of the Supreme Court, the Associate Chief Justice, and 97other judges. They sit in the following Judicial Districts:

Victoria Judicial District Nanaimo Judicial District

Vancouver and Westminster Judicial District Yale Judicial District

Cariboo Judicial District Kootenay Judicial District

Prince Rupert Judicial District

Criminal trials are heard in the Supreme Court of BritishColumbia when the Criminal Code of Canada states that the offencemust be tried by a “superior court of criminal jurisdiction.” Formurder, skyjacking, and several other serious offences, trial inSupreme Court is by judge and jury unless the accused and theCrown counsel agree to trial by judge alone.

Civil cases in the Supreme Court of British Columbia usuallyinvolve claims exceeding $25,000. A plaintiff in a civil case mayagree to reduce the amount of his or her claim to $25,000 in orderto have it heard in the Small Claims Division of Provincial Court,which is quicker and less expensive than the Supreme Court ofBritish Columbia.

A few other types of cases involving any amount of money,such as libel cases, must be heard in the Supreme Court of British


Columbia, and all divorce proceedings take place here. Someappeals from the Provincial Court are heard in the SupremeCourt of British Columbia.

In court, Supreme Court judges, who sit alone or with juries,are referred to as “My Lord” or “My Lady” or “Your Lordship”or “Your Ladyship” — a tradition that dates back to earlyEngland, where only members of the nobility presided over thesuperior courts.

Outside of court, Supreme Court judges are referred to as“Mr. Justice___” or “Madame Justice_____.”

Only the two higher courts, the Court of Appeal of BritishColumbia and the Supreme Court of Canada, can overturn ormodify decisions of the Supreme Court of British Columbia.

Court of Appeal of British Columbia:The Province’s Highest LevelThe Court of Appeal of British Columbia, established in 1909, isthe highest court of the province. As its name suggests, the Courtof Appeal hears appeals from the lower courts. It hears civil casesappealed from the Supreme Court of British Columbia andcriminal cases appealed from the provincial levels of criminaltrial courts.

In this court, at least three judges and sometimes five hearappeals together. (This is different from the lower courts, wherethere is always just one judge.) In this courtroom, you willusually see only judges and lawyers, although individuals mayargue their own case. When an appeal is heard, the judges simplyreview the written records of the original court and subsequentappeals and listen to the lawyers for each side, who makearguments based on these records.

The court is composed of the Chief Justice of BritishColumbia and 20 Court of Appeal judges (five of whom sit part-time). All are federally appointed. They are referred to outside ofcourt, and addressed in court, in the same manner as SupremeCourt judges.


The Court of Appeal of British Columbia is the final level ofthe court process in British Columbia. However, a convictedperson or the prosecutor in a criminal case, or a party in a civilcase, may still believe that justice has not been done. Anotherstep remains — an appeal to the Supreme Court of Canada,which sits in Ottawa. But before we look at that final step, let’sexamine the structure of the federal court system.

Federal Court SystemFederal Court

Like most other federal agencies, the Federal Court is based inOttawa, but its judges travel around the country “on circuit.” Atpresent, the Court consists of a Chief Justice and 32 other judges.These judges are appointed by the federal government and areaddressed in court as “My Lord” or “Your Lordship” or “MyLady” or “Your Ladyship.”

The Federal Court deals with:

• Civil matters involving disputes by individuals or groupswith the federal government;

• Disputes by provincial governments with the federalgovernment; and

• Cases in specialized areas of federal law, including incometax, patents, customs, and maritime law.

Federal Court of Appeal

Until 2003, the Federal Court was divided into a Trial Divisionand an Appeal Division. These divisions have now become twoseparate courts: the Federal Court of Appeal and the FederalCourt. The Federal Court hears the initial dispute, and, if either

20 • Chapter Two The Courtwatcher’s Manual

party is unhappy, the decision can be appealed to the FederalCourt of Appeal.

Federal Court decisions can be appealed to the SupremeCourt of Canada.

Supreme Court of Canada

The Supreme Court of Canada in Ottawa is where it all stops.It was established in 1875 and is the final court of appeal for anydispute — civil or criminal — decided in any court in Canada.

The Chief Justice of Canada and eight other judges head thejudicial hierarchy in Canada. They are appointed by theGovernor in Council from among superior court judges or fromamong barristers who have practised for 10 years or more. Atleast three of the nine judges must be from Quebec so that thecourt can hear appeals from Quebec courts under the QuebecCivil Code, which differs from the English tradition of common


law found in the rest of Canada. Quebec’s Civil Code is derivedfrom the French tradition which, in turn, was based on theRoman law.

Other judicial appointments to the Supreme Court of Canadarepresent the Maritimes, Ontario, and the West. The Chief Justiceof Canada Beverley McLachlin sits on this court as arepresentative of the West and as Chief Justice. She became thefirst woman to be appointed Chief Justice of Canada when sheassumed her role on January 7, 2000.

Cases that go to the Supreme Court are heard by three, seven,or all nine judges of the court.

The Supreme Court of Canada is very formal. The judges andstaff are specially gowned, as are the lawyers who appear beforethe court. Similar to the Court of Appeal of British Columbia, it isa lawyers’ court because the accused or the parties involved inthe dispute hardly ever present their own cases to the court orare even present when the appeal is argued.

The Supreme Court of Canada hears only a limited numberand type of appeals. The court will normally choose to hear anappeal if the case involves an important application of the lawthat has national significance. Sometimes the court will heardisputes between provinces or between the provinces and thefederal government.

The federal government can refer matters to the SupremeCourt of Canada. Most often, these deal with constitutional issuesconcerning the validity of a particular piece of legislation.

The Supreme Court of Canada is the final arbiter ofconstitutional questions and Canadian Charter of Rights andFreedoms issues.

Supreme Court of Canada decisions usually establish legalprinciples of national importance and must be followed by all theother courts in Canada. Because their impact is far reaching,Supreme Court of Canada decisions are widely published in lawreports.


◆

In this brief court tour, you’ve reviewed our system’s basiccourt structure. As you have seen, the provincial court structureis like a pyramid that has three layers. At the bottom, there isProvincial Court, with its four divisions: Criminal, Family, SmallClaims, and Traffic. The next level is the Supreme Court of BritishColumbia. Both of these courts are trial courts. At the top of thepyramid, on the third level, is the Court of Appeal of BritishColumbia. It is not a trial court, but an appeal court, and it hearsappeals from both of the other levels of courts in this province.

The next stop on the tour was the federal court system. Itincludes the Federal Court, Federal Court of Appeal and, at theapex of the Canadian judicial system, the Supreme Court ofCanada. The Supreme Court of Canada is the final appeal courtfor the whole country, and it can rule on all questions of law,including constitutional issues.

The court structure may seem complex at first. But you don’thave to know everything all at once, and you can refer to thischapter if you have questions while courtwatching.

The Courtwatcher’s Manual 23

SPENDING THE DAY IN COURT

24 • Chapter Three The Courtwatcher’s Manual

By now, you know something of the purpose and structure of thecourt system, and you’re ready to spend the day in court. Whenyou get there, you’ll want to know who the participants are. Thischapter reviews the roles that the judges, juries, lawyers, courtstaff, and witnesses play in court.

The Courtroom SettingThe basic courtroom has changed little over the years although,in many places, sombre dark panelling and uncomfortable chairshave been replaced by rooms and furniture of more moderndesign. A courtroom is still a formal room where trials can beheard in a dignified atmosphere. Judges sit at an elevated benchat the front of the room. A picture of the Queen or the Royal Coatof Arms behind the bench symbolizes the authority society hasgiven judges. In most courts, a railing separates the public galleryfrom the area where the trial is conducted. The illustration onpage 26 shows a typical criminal courtroom. A civil courtroom isarranged in a similar way, but with a jury box for eight people.

Seating arrangements differ between the Provincial Court andthe Supreme Court of British Columbia. This is mainly becausethe Supreme Court of British Columbia must accommodate ajury, in certain cases. But the basic shape of the courtroom hasdeveloped so that the main participants — judge, jury, accused,and witnesses — can face one another. Lawyers are placed in themiddle of the room so that they are free to question witnessesand address remarks to the judge and jury. This arrangement alsopermits everyone to hear what is being said and allows video ortape recording devices and court clerks to obtain an exact recordof the proceedings.

Chapter Three:

Who’s Who

The Courtwatcher ’s Manual Chapter Three • 25

All B.C. courts are courts of record (see Glossary, page 47).This means that it is possible to obtain transcripts of theproceedings, in most cases. The press is normally permitted toprint the details of cases in the newspaper, but cameras of allkinds (including television) are forbidden inside the courtroom.

Radio reporters may not tape record the proceedings unlessthey have special authorization from the court.

The ParticipantsJudges

As we mentioned in Chapter 1, “ThePurpose of Our Court System,” our judicialsystem depends upon the ability of judgesto make independent, unbiased decisions.For this reason, judges, once they’reappointed, cannot become involved in

politics or private business. As public figures, judges representthe justice system; if they did not maintain the highest moralstandards, the judicial system itself would be brought intodisrepute.

Judges are expected to be cautious when they discuss pastcases and outside of court do not comment on cases that aregoing on before them. If judges are aware of information thatcolours their attitude towards an accused in a criminal case or aparty in a civil case, they must disqualify themselves from tryingthe case.

If a judge loses the ability to make impartial, independentdecisions, he or she can be removed from office.

In court cases where there is no jury, the judge is first the“finder of fact.” This means that the judge has to decide whatreally happened. Only when the judge has fulfilled the role of“finder of fact” can he or she act as “finder of law.” This meansthat the judge has to decide how the law applies to theseparticular facts and then make a judgment.

26 • Chapter Three The Courtwatcher’s Manual

For a wall chart or print version of this diagram, visitwww.lawcourtsed.ca and click on Resources.

The Courtwatcher’s Manual Chapter Three • 27

Juries

Although the majority of cases inBritish Columbia are decided byjudges alone, some cases are heardby groups of men and women:adult Canadian citizens who havebeen selected for jury duty. Juries of

12 people sit on serious criminal cases, such as murder ortreason. There are other criminal cases in which the law says theaccused can “elect,” or choose, a jury. Civil juries are composedof eight people and are asked for mainly in personal injury cases.Similar to a judge, jurors are expected to make up their mindsindependently and are not allowed to discuss the details of a caseoutside the courtroom during and after the trial.

In court, the role of the jury is to act as the “finder of fact.”The jury has to find out what, in fact, occurred by weighing theevidence they have heard. The role of the jury as the “finder offact” reflects our society’s belief that the average adult haslearned, through experience, various things that indicate whetheror not another person is telling the truth.

The jury system allows people from the community toparticipate in the court system and brings a necessary balanceand fresh point of view to legal decisions. Because it is sometimesdifficult for the average juror to understand complicated legalproceedings, the jury system has been criticized for prolongingcourt cases and wasting the court’s time. On the other hand,juries ensure that the courts remain in touch with communityvalues and do not become the exclusive domain of legal experts.

In any event, the judge does assist the jury in understandingthe case. For example, a judge will sum up the evidence andexplain points of law that arise. Also, since the rules of evidenceare very complex, a judge will decide what evidence can beplaced before the jury and what evidence must be kept out.Sometimes, in a criminal case, the judge will decide that theCrown has not presented enough evidence on all the pointsnecessary to convict an accused and will actually dismiss the

28 • Chapter Three The Courtwatcher ’s Manual

charge before the jury has a chance to consider it. Finally, it is thejudge who decides what criminal penalty will be imposed.

Lawyers

Why do we need lawyers in a court case? It istrue that accused people may defend themselvesin criminal cases, and parties in civil disputesmay represent themselves in court. But mostpeople prefer to have a lawyer represent them incourt, in order to put forward the best casepossible.

In the previous chapters, we have seen howthe Canadian constitutional system has created acomplex network of laws — federal, provincial,

and municipal. Lawyers are often needed to sort out thesecomplexities. A lawyer has specialized knowledge to help clientssolve their problems. Often, these problems can be resolved longbefore they reach the stage of a courtroom battle.

A lawyer has a duty to obey the client’s wishes, as long asthey are compatible with the standards of conduct set down bythe legal profession. In court, a lawyer has an obligation tointroduce all the evidence and all the legal arguments for theclient.

Besides serving the interests of their clients, lawyers areofficers of the court and are obliged to help the court reach anhonest and just decision. In the higher courts, lawyers wear blackrobes to symbolize this role. In court, they refer to one another as“my friend” or “my learned friend.” These terms of addressindicate that they recognize their kinship in the legal professiondespite the fact that, in the present case, they may be intenseadversaries.

The Courtwatcher’s Manual Chapter Three • 29

Court Staff

The people who are responsible for the day-to-day operation of our courts play animportant part in the administration ofjustice. Court clerks assist the judge in theconduct of a case, looking after documentsand re c o rds, calling the case, and swearing in

witnesses. In the higher courts, the court clerks wear robes thata re in tune with the more formal atmosphere. Court clerks makes u re that accurate re c o rds are kept of the court proceedings. Insome cases a court re c o rder will be hired to do the re c o rd usingspecial re c o rding and video equipment. Sheriffs, who alwaysappear in uniform, are responsible for court security and lookafter witnesses, juries, and prisoners.

Witnesses

One of the best ways to prove the facts in acase is to “subpoena” (see Glossary, page47) or summon a person who has specialknowledge of the case to attend court andtestify under oath. A subpoena is a courtorder that compels a witness to attend.Most witnesses are “compellable,” orsubject to this court order. However,

accused persons cannot be compelled to take the stand andtestify against themselves. Still, an accused does have the right toattend court and hear all the witnesses and the other evidencesupporting the charge.

A witness must be competent. “Competent” means sound inmind and sufficiently mature to be able to tell the facts to the court.Very young children may not be considered competent to testify,for example, about a criminal offence that took place in their home.Certain rules have been established that restrict the kinds ofquestions witnesses can be asked.

30 • Chapter Three The Courtwatcher ’s Manual

◆

When you go to courtwatch, it will not be difficult for you tosee the different participants although you may find them indifferent positions depending on the courtroom layout. You mayalso see more than one lawyer for each side as in bigger casesthere is usually a team of lawyers, and where there is more thanone accused person, each accused will have separate counsel. Incriminal cases the lawyer closest to the jury is usually Crowncounsel. In Supreme Court the accused sits in a prisoner’s docketand not with his or her lawyer. Sometimes, a sheriff is in court forthe whole trial and in other cases is not there. Some trials havespecial court recorders while all trials have a court clerk present.

Now that you’ve reviewed who’s who, you will want toknow what exactly they’re doing in the courtroom.

The Courtwatcher ’s Manual Chapter Four • 31

Chapter Four:

What Happens in Civil CourtThe rules and procedures governing civil trials are complex. Inthis chapter, we give you a summary of the general stepsinvolved in launching a civil action and in carrying it through totrial in the higher courts.

Starting a Civil Court CaseIn the beginning of a civil case, the parties exchange informalletters, and, if the matter is not settled, various documents passthrough the court registry from one party to another.

Remember what we said about the “court documents” of thelaw, at the end of Chapter 1, “The Purpose of Our Court System”.The exchange of documents in the early stages of a civil caseallows each side to understand what’s going on and to weigh thestrength of the other side’s case. In fact, many civil actions do notgo beyond this exchange of documents.

Take the example of a plaintiff who claims $60,000 from aninsurance company for coverage of a fire that destroyed hisgarage. The defendant’s insurance company may be willing topay part of the claim, but may argue that the garage was worthno more than $30,000. At this point, the plaintiff may very welldecide to settle for the $30,000 rather than go to all the expense ofa trial. In fact, most often a compromise is reached before a civilsuit goes all the way to trial. (This is very different from acriminal action, where the victim of a crime will probably appearas a witness for the Crown, but has no personal control over theproceedings and cannot discontinue them.)

32 • Chapter Four The Courtwatcher ’s Manual

Proving the ClaimA plaintiff in a civil case does not have to prove the claim beyonda reasonable doubt, as the Crown must do in a criminal case.Instead, the court makes a decision on a “balance ofprobabilities.” In other words, when the sides dispute whatactually occurred, the court must simply find which side’sevidence is more probably the truth and apply the law to that.You could think of it in terms of evidence being placed on a scale:the court will find in favour of the side that weighs in with thebest evidence or more weighty evidence.

The Civil TrialFor courtwatching, you don’t need to know all about the complexrules of evidence and procedure that apply to civil trials, but thefollowing brief overview will be useful.

Civil trials go something like this: The lawyer for the plaintiff

The Courtwatcher ’s Manual Chapter Four • 33

makes an opening statement and brings forward witnesses tosupport the plaintiff’s position. After each of them gives evidencefor the plaintiff, the defendant’s lawyer has a chance to cross-examine them. At the end of the plaintiff’s case, the defendant’slawyer can call witnesses in his or her favour who are, in turn,cross-examined by the plaintiff’s lawyer. After closing statements,the judge or jury renders a verdict.

A civil suit may be discontinued at any time, if the parties canreach an out-of-court settlement. The role of the court is to look atthe areas of agreement between the parties and to state the issuesclearly. Having had the facts defined for them by the court, theparties may be able to resolve the dispute between themselves.However, if they continue to be unable to agree, the court willdecide the matter for them.

Some civil actions do not proceed to trial:

• In certain emergencies;

• When the opposing side fails to put up a defence; or

• When the opposing side consents to this measure, thecourt can look at the documentation presented by theplaintiff’s lawyer and grant an order or give judgmentwithout a trial (these cases include some applications forforeclosure orders or the sale of someone’s property to paya debt).

Certain cases, however, require a trial, even if the other partydoes not dispute the claim. If, for instance, under the Divorce Act,the divorce is asked for on the grounds of adultery, physicalcruelty, or mental cruelty, the judge may require a trial if thesworn statements are suspect.

There are certain civil cases where, once the court has becomeinvolved in the action, an agreement by both sides may not beenough. These are cases where the public has an interest in theoutcome. For example, child custody and maintenancesettlements may be reviewed by the court to ensure that thearrangements agreed to by both sides are adequate.

34 • Chapter Four The Courtwatcher ’s Manual

◆

Would you like to know more about the civil court process?School groups, community groups, and individuals can visit theirlocal courthouse to courtwatch. Courts are open Monday toFriday from 9 a.m. to 4 p.m., and the public is welcome. Pleasecontact the local office of the Law Courts Education Society ofBritish Columbia or your local courthouse for more details (seeResources on page 50).

The Civil Trial

1. The plaintiff’s lawyer introduces evidence and callswitnesses.

2. The defendant’s lawyer cross-examines the plaintiff’switnesses.

3. The defendant’s lawyer introduces evidence and callswitnesses.

4. The plaintiff’s lawyer cross-examines the defendant’switnesses.

5. Each side makes closing statements.

6. In the few civil cases that use a jury, the judge instructsthe jury on the points of law heard in the case.

7. The judge or jury renders a verdict.

8. The judge decides the outcome. For example, the judgemay find the defendant not liable and dismiss the case.Or the judge may find the defendant wholly or partiallyliable and order him or her to pay damages.

The Courtwatcher’s Manual Chapter Five • 35

Chapter Five:

What Happens in Criminal CourtThe complicated rules and procedures covering criminal and“quasi-criminal” cases are found in both common and statutorylaw. If you want to learn more about criminal law, a good placeto start is the Criminal Code of Canada, which is a federal statute.Several editions of the Code are available, but annotated Codes,such as Martin’s Criminal Code, contain not only the wording ofthe offences and procedures but also short descriptions of howthe law has been applied in specific cases.

First AppearanceIn most cases, a person charged with an offence first appears incourt before a Provincial Court judge.

At a first appearance, the accused is formally charged withthe offence. At this stage, the court is concerned primarily withthree issues:

1. If a choice is possible, which court will hear the case?

2. How and when will the accused plead to the charge?

3. If the accused is in custody, should he or she be releasedwhile awaiting trial?

Who Will Try the Accused?The Criminal Code sets out the procedure that determines whichcourts have jurisdiction to try each type of offence. It establishes

36 • Chapter Five The Courtwatcher ’s Manual

three categories of offences: summary conviction offences (lessserious crimes), indictable offences (serious crimes usuallycarrying heavier penalties), and what are known as “mixed” or“hybrid” offences (see Glossary, page 47). In order to deal withthese differences, the Criminal Code outlines different proceduresfor summary conviction and indictable offences.

The so-called “mixed” offences are ones in which the Crowncounsel, or prosecutor, can proceed either way — by summaryconviction or indictment (see Glossary, page 47). The choice is upto the prosecutor; the accused has no say in it even though theconsequences of proceeding by indictment can be very severe. (InChapter 1, “The Purpose of Our Courts,” we discussed how theCrown counsel, who is also known as the prosecutor, representsthe state, or “the Crown.”)

The provincial “quasi-criminal” offences we mentioned inChapter 1, such as speeding or drinking under age, are tried inProvincial Court. All Criminal Code summary conviction offences,such as disturbing the peace, and a few “mixed” offences, such aspublic mischief or assault, are also tried in Provincial Court.

At the other end of the scale of seriousness, there are offencesthat the Criminal Code says must be tried in Supreme Court.These include such offences as treason, piracy, and murder. In thebroad middle range of the scale are the “mixed” offences that donot fall into the absolute or sole jurisdiction of either theProvincial Court or the Supreme Court. Once the Crown counselhas decided to proceed by way of indictment in this broadmiddle area, the accused has a choice of courts. This choice isknown as an “election.” An accused who is charged with assault,for example, has the choice of three court formats:

1. Trial by a Provincial Court judge;

2. Trial by a superior court judge; or

3. Trial by a superior court judge and jury.

If a Provincial Court judge is chosen, the entire trial will beheard in Provincial Court. But if the accused chooses options 2 or


3 , there will normally be a preliminary hearing in ProvincialCourt to determine whether there is sufficient evidence to sendthe case on to a higher court.

Guilty or Not Guilty?Whatever the appropriate court may be, there comes a pointwhen the charge is read and the accused faces a major decision:to plead guilty or not guilty. If the trial is to proceed in ProvincialCourt, the accused may be asked to make this decision at the firstappearance in court. Often, however, the judge does grant anadjournment of one or two weeks to allow the accused to seekthe advice of a defence lawyer.

If the plea is guilty, the Crown counsel and the defencelawyer usually make recommendations about an appropriatesentence. For example, the Crown counsel may ask for a harsherpenalty if the accused was uncooperative during the arrest or hasa previous criminal record. On the other hand, the defence mayask for a minimal penalty, pointing to extenuating circumstancesor the fact that the accused has made some personal progresssince the offence occurred, such as joining Alcoholics Anonymousor starting a job.

Sometimes a judge will refuse to accept a guilty plea if itappears that the accused does have a defence. In such cases, the

38 • Chapter Five The Courtwatcher’s Manual

judge will enter a plea of not guilty and set the case down for apreliminary hearing or trial.

If the plea is not guilty, the judge sets a trial date, which isusually some months later. An accused who is not in custody isfree to go about his or her business until that court date.

Release from CustodyMost people charged with minor criminal offences are notarrested by the police or are released shortly after their arrest oncondition that they attend court at a later date. If the accused hasbeen arrested and kept in jail, it is the Provincial Court judgewho rules on bail or release from custody in all but the mostserious crimes.

An accused person in custody has the right to a “showcause” hearing, which determines whether and on what termsrelease can be granted before trial (see Glossary, page 47). Thejudicial interim release laws (see Glossary, page 47) set out inthe Criminal Code give the court guidelines for the release ofprisoners awaiting trial. Generally speaking, the judge mustorder release unless the Crown counsel can show why theaccused should be detained. There are exceptions to this basicrule, however. People charged with very serious crimes, forexample, or people already facing other charges, have toconvince the court that they should be released.

In a “show cause” hearing, a deputy-sheriff will conduct theprisoner into the courtroom from the holding cells and stand bythe prisoner’s dock to ensure there is no attempt to escape.Sometimes the Crown counsel looks at the case, decides not toobject to the release, and therefore does not “show cause.” Thejudge will release the accused on an undertaking to appear (seeGlossary, page 47).

Crown counsel will go ahead with a “show cause” hearing ifcontinued detention or more stringent conditions for release arenecessary to protect the public from further crimes or to ensure


that the accused shows up for trial.In a “show cause” hearing, for example, Crown counsel may

argue that the accused is unemployed, has no family or roots inthe community, and has a previous criminal record or history offailing to show up for court.

In response, the defence may emphasize the good points ofthe accused, perhaps arguing that the accused has a job startingnext week, actually does have parents living just outside the city,and has not had a brush with the law for several years. The judgebalances public risk against the principle that an accused, who isinnocent until proven guilty, should, if possible, retain his or herfreedom until conviction.

Often, the accused is released on an undertaking to appear ora recognizance (see Glossary, page 47), with certain conditionsattached. The accused may be ordered to report to the police orbail supervisor at regular intervals, to avoid contact with certainpeople, to remain in the court’s jurisdiction, and so on. A surety(see Glossary, page 47) may be required.

If the accused cannot meet the conditions of release, thencustody continues until the trial date. Under these circumstances,the court and the defence lawyer will attempt to get the earliesttrial date possible in order to shorten the waiting period in jail.And if, while waiting in custody, the accused changes his or hermind and decides to plead guilty after all, the defence lawyerwill attempt to obtain an early date for sentencing. The timespent in custody is also used to reduce the amount of time spentin prison if the accused is sentenced to incarceration.

40 • Chapter Five The Courtwatcher’s Manual

The Preliminary HearingA preliminary hearing takes place when an accused who ischarged by way of indictment (see Glossary, page 47) chooses atrial in the higher courts. Although it may seem that the accusedhas already gone through a great deal by this stage, thepreliminary hearing is nevertheless what its name implies — thefirst real presentation of the Crown’s case.

It resembles a trial in that the Crown counsel presents thebasic elements of its case against the accused. Because theaccused is innocent until proven guilty, the onus or responsibilityrests with the Crown to establish that it has enough evidence to

First Appearance

1. The accused is formally charged with the offence.

2. The judge asks the accused if he or she is ready to enter aplea. The accused can:

• Plead guilty;

• Plead not guilty; or

• Ask for an adjournment, to seek legal advice.

3. If the accused:

• Pleads guilty, the judge will send him or her toanother court for sentencing, or sentence the accusedright away; or

• Pleads not guilty, the judge will set a trial date;

• Asks for an adjournment, the judge will set anotherhearing date, in the near future.

4. If the accused is in custody, the first appearance willinclude a “show cause” hearing.


justify a trial in a higher court. The accused does not have toenter a plea unless and until the case does go to the higher courtfor trial. Similarly, the judge does not have to decide whether theaccused is guilty or innocent at this stage. The defence is notobliged to call evidence and rarely does so.

If there is simply not enough Crown evidence, the accused isdischarged and free to go. Even if it is clear from the start that theCrown will be able to prove its basic case, the preliminaryhearing is a useful opportunity for the accused to find out thestrengths and weaknesses of the Crown’s case. For the Crown, itis a kind of dress rehearsal for the later, full-scale trial.

The preliminary hearing has replaced the old system of usinga grand jury to determine if a case should go to trial. (Grandjuries are still used in some countries, including the UnitedStates.) In certain serious cases, the attorney general of theprovince can decide to proceed by way of a direct indictment. Insuch instances, there is no preliminary hearing and the case goesdirectly to trial.

Proving the ChargeAt the trial itself, it is up to the Crown to prove guilt beyond areasonable doubt. If the Crown counsel fails to present thenecessary evidence, or if the defence succeeds in challenging theCrown’s evidence, a judge or jury cannot convict.

A finding of not guilty may be based on the facts (forexample, the accused was somewhere else) or on a legal defence.A basic concept underlying our criminal law tradition is theprinciple that a guilty act must be accompanied by a guilty mind.A common legal defence, therefore, is the argument that insanityor intoxication made the accused not responsible for his or heractions. In most first-degree murder trials, for example, theCrown must prove that the accused planned and intended tomurder the victim. But the defence lawyer may arguesuccessfully that the accused was so drunk that he or she was


unable to form an intention or plan to murder. Such a defencewill not necessarily exonerate the accused, but may result in afinding of second-degree murder or manslaughter and a milderpenalty.

Second-degree murder and manslaughter are called“included” offences to the charge of first-degree murder. An“included” offence is a lesser offence that forms a portion of thelarger or more serious offence that an accused person is chargedwith.

The Criminal TrialTo make its case, the Crown introduces evidence that is governedby strict procedural rules. Certain types of evidence arespecifically excluded; other types are excluded under particularcircumstances. The presiding judge may exclude evidencebecause it is not relevant to the charge or because it is hearsay(see Glossary, page 47). If either side disputes what informationshould be presented, the judge may hold a “voir dire,” which is atrial within a trial to decide whether to allow the information asevidence. In a jury trial, the jury will be sent out of the roomduring the voir dire and will only hear the evidence if the judgefinds it acceptable as evidence.

Criminal trials are similar to trials in civil court. The Crowncounsel calls witnesses to prove its case against the accused, andthe accused or the defence lawyer has a chance to cross-examinethem to bring out evidence in favour of the accused.

Both the Crown counsel and the defence must follow therules of evidence when questioning witnesses. Neither the Crownnor the defence can ask leading questions of witnesses for itsown side. For example, a witness subpoenaed by the Crown in arobbery case could not be examined by the Crown in this way:“Did you see the accused go up to the bank teller and demandthe money?” This is called a leading question because it suggestsits own “yes” or “no” answer. Leading questions cannot be asked


by the side that called the witness to testify in its favour. Instead,the Crown counsel might ask the witness, “Where were you andwhat did you observe on the afternoon of May 20, 2005?” Thiskind of question allows witnesses to put their observations intotheir own words.

But leading questions are allowed when they are asked by theopposing side. In the example, the defence lawyer could now askthe witness: “I put it to you that you could not possibly haveseen a robbery because at the time you were in the loanmanager’s back office absorbed in a discussion about yourmortgage renewal, were you not?”

When the Crown has finished presenting its case, the defencecan make a procedural motion asking the court to dismiss thecharge altogether because there is no evidence on one of theeventual elements of the offence. Alternatively, the defence canask the court to find the accused not guilty because the evidenceis insufficient to establish the guilt of the accused beyond areasonable doubt. In the latter case the judge denies the motion,the defence may call its own witnesses and the Crown, in turn,may cross-examine them.

After the Crown and defence have finished presenting theirevidence, the presiding judge will hear closing arguments aboutwhich facts are true and what law applies to the case. If theaccused has entered a defence by calling witnesses or testifying,the closing arguments for the defence must be presented first andthe Crown has the last word. If the accused has not presentedevidence, the Crown’s argument is first and the defence follows.

Finally, the trial reaches the conclusion that everyone hasbeen waiting for: the verdict. If it is a trial by judge alone, thejudge, after considering the evidence, must do one of thefollowing:

• Decide that the accused is guilty as charged;

• Decide that the accused is guilty of a lesser, “included”offence; or

• Acquit the accused.


If this is a jury trial, the judge sums up the case and instructsthe jury on the law. Then the jury retires to decide the verdict.

If the accused is found guilty, the judge must then considerwhat sentence or punishment to impose. Broad guidelines forsentencing are set out in provincial statutes and in the CriminalCode. The judge also has the assistance of precedents — thesentences other judges have passed in similar cases. Within theseguidelines, a judge can hand out a wide range of sentences.Before deciding the sentence, the judge will hear submissionsfrom both the Crown and the defence about what punishment isappropriate. In addition, the judge may delay the passing ofsentence until a pre-sentence report, another assessment isprepared by such specialists as probation officers, or both.


The Criminal Trial

1. The Crown counsel introduces evidence and callswitnesses.

2. The defence lawyer cross-examines the Crown’s witnesses.

3. The defence may ask for the case to be dismissed bymaking a “no evidence motion” Or an “insufficientevidence motion.”

4. If the judge refuses the latter motion, the defence mayintroduce evidence and calls witnesses.

5. The Crown counsel cross-examines the defence witness.

6. Each side makes closing arguments.

• If the accused has entered a defence, the defence goesfirst.

• If the accused has not entered a defence, the Crowngoes first.

7. A verdict is reached.

• If the trial is by judge alone, the judge reaches averdict.

• If the trial is by judge and jury, the judge instructs thejury on the evidence and the law then the jury reachesa verdict.

8. The outcome.

• If the accused is found not guilty, he or she is free togo.

• If the accused is found guilty, the judge hearssubmissions from the Crown and the defence. Thejudge may order a pre-sentence report. The judgegives the sentence.

46 • Chapter Six The Courtwatcher ’s Manual

Chapter Six:

Conclusion

The court system in British Columbia is the product of centuriesof legal decisions and traditions. It is not a simple system; nosystem that deals with all the rules and regulations governingour lives could be simple. The complexity of the system does notmean you cannot understand it. Thecourts invite you to come in andlearn how they work so that youcan see for yourself how the courtsystem functions. The staff at thecourts are public servants so whencourt is not in session, ask themwhat is happening.

We hope that this booklet hasgiven you the backgroundinformation that will make yourcourtwatching more meaningfuland enjoyable. If you want furtherinformation, contact the Law CourtsEducation Society of BritishColumbia. See the Resources onpage 50 for a list of our locationsand telephone numbers.

Enjoy watching!

The Courtwatcher’s Manual Glossary • 47

Glossary

bail This is the old term for a recognizance, the money anaccused promises to pay if he or she does not appear for trial.The word “bail” is also commonly used to refer to theconditions that an accused person promises to obey, from thetime he or she is released after arrest until the trial.

common law The law embodied in judicial decisions; originally,it was the law based on the customs “common” to allEngland.

court of record A court in which all proceedings are recorded,word for word, in a way that permits everything to be putinto a written record called a transcript.

Criminal Code The collection of federal statutes that definewhat crimes are, the maximum punishments for those crimes,and the legal procedures for dealing with those crimes. Thelaws that constitute the Criminal Code are passed by federalParliament in Ottawa.

Crown counsel A lawyer who conducts prosecutions of offenceson behalf of the Crown (the government).

defendant The person sued or accused in a court of law.

hearsay Information that is given to a witness by anotherperson, but that the witness did not see or otherwiseexperience first-hand. The witness does not have personalknowledge of the original event.

indictable offence A serious offence that is proceeded with byindictment.

indictment This is a formal document used to deal with themore serious charges. It allows for, or forces, a judgment in ahigher court. Because of the more serious penalties for anindictable offence, the accused is granted wider protections,such as a trial by judge and jury.

48 • Glossary The Courtwatcher ’s Manual

information The written charge, based on the knowledge of aninformant (a person with knowledge of a crime who reportsit), that accuses a person of an offence.

judicial interim release The legal procedure by which anaccused who is in custody is released until trial, unless theCrown counsel can “show cause” why the accused should bedetained.

jurisdiction The range of powers and/or territory over which abody may act. In the case of a court, jurisdiction concerns thetype of case and the physical area over which the court haslegal authority.

“mixed” or “hybrid” offences Criminal offences that may beproceeded with as either summary or indictable matters.Crown counsel decides which way to proceed, consideringthe seriousness of the offence.

petitioner The person filing a civil action in court. Also, theperson who appeals the judgment of a lower court.

plaintiff A person who brings a civil case against another incourt.

preliminary inquiry A pre-trial hearing that determines whetheror not there is enough evidence to warrant having an accusedperson stand trial.

“quasi-criminal” offences Provincial offences not covered underthe Criminal Code. Examples are offences under the provincialLiquor Control Act and Motor Vehicle Act. (Quasi is Latin for “asif.”)

recognizance The accused person’s promise to pay a specificamount of money if he or she fails to comply with certainconditions laid down by the court. This debt would be addedto any further charges for failing to appear.

Regina Latin for “Queen,” our country’s head of state and sothe party bringing charges against the accused in a criminalcase.

The Courtwatcher’s Manual Glossary • 49

respondent The person sued in a court of law, especially in acivil appeal or divorce case. An accused person could also bea respondent in an appeal.

“show cause” hearing The Crown or the defence have to givethe judge reasons for either detaining the accused in custodyor for releasing the accused before trial. In most case theCrown will have to show why the accused should not bereleased.

statute law The laws enacted by legislation, as opposed tocommon law.

subpoena A writ issued by a court or other authorized bodyrequiring a person to attend a stated time or place, usually totestify or present evidence, subject to penalty for non-compliance. A subpoena may summon a person to appear incourt as a witness. It may also require evidence to be broughtby a witness so that it may be presented in court.

summary conviction offence An offence under a provincialstatute, or a less serious crime designated in the Criminal Codeas one to be dealt with by way of a summary courtprocedure. These matters are dealt with in Provincial Court.

surety A person who enters into a bond for a certain amount ofmoney before a court, on behalf of another person. The courtmakes this person responsible for ensuring an accused personappears in court; and abides by the other conditions ofbehaviour imposed by the court. If the accused persondoesn’t comply, the surety forfeits all or part of the bond.

undertaking to appear A document signed by an accused personin which there is a promise to appear in court at a specifiedtime and place. It may contain other promises, too (such asrequiring the accused to remain in the area, to report to thepolice at specific intervals, or not to communicate withcertain people). Breaking any of these promises may result ina further criminal charge.

50 • Resources The Courtwatcher ’s Manual

Resources

Courtwatching

School classes, community groups and individuals can visit their localcourthouse to courtwatch. Courts are open Monday to Friday from 9:00am to 4:00 pm., and the public is welcome. Please contact the local officeof the Law Courts Education Society or your local courthouse for moredetails.

Law Courts Education Society of British Columbia

Provincial Head Office260-800 Hornby StreetVancouver, BC V6Z 2C5Phone: 604-660-9870Fax: 604-775-3476Email: [email protected] Web: www.lawcourtsed.ca

Vancouver Law Courts RegionPhone: 604-660-2919Fax: 604-775-3476Email: [email protected]

Lower Mainland West RegionPhone: 604-775-2524Fax: 604-660-2465Email: [email protected]

Lower Mainland East RegionPhone: 604-572-2276Fax: 604-572-2264Email: [email protected]

Okanagan DistrictPhone: 250-470-6965Fax: 250-470-6939Email: [email protected]

The Courtwatcher ’s Manual Resources • 51

Northern RegionPhone: 250-614-2736 Fax: 250-614-2798Email: [email protected]

Victoria Region Phone: 250-387-3303 Email: [email protected]

Thompson DistrictPhone: 250-828-4662 Fax: 250-828-4338Email: [email protected]

Courts

Courts of BCwww.courts.gov.bc.ca

Supreme Court of Canadawww.scc-csc.gc.ca

Other Organizations in British Columbia

British Columbia Courthouse Library SocietyVancouver Courthouse Library800 Smithe StreetVancouver, BC V6Z 2E1Phone: 604-660-2841Toll free: 1-800-665-2570 Email: [email protected]: www.bccls.bc.ca

Canadian Bar Association, BC Branch10th floor, 845 Cambie StreetVancouver, BC V6B 5T3Phone: 604-687-3404Toll free: 1-888-687-3404Email: [email protected]: www.bccba.org

52 • Resources The Courtwatcher’s Manual

CBA - Dial-A-LawPhone: 604-687-4680Toll free: 1-800-565-5297Web: www.cba.org/bc/public_media/dal/default.aspx

CBA - Lawyer Referral ServicePhone: 604-687-3221Toll free: 1-800-663-1919Email: [email protected]

Law Centre1221 Broad StreetVictoria, BC V8W 2A4Phone: 250-385-1221Web: www.thelawcentre.ca

Legal Services SocietyLegal Aid: 604-408-2172Toll free: 1-866-577-2525Web: www.lss.bc.ca, www.familylaw.lss.bc.ca, www.lawlink.bc.ca

People’s Law School150–900 Howe StreetVancouver, BC V6Z 2M4Phone: 604-331-5400Web: www.publiclegaled.bc.ca

Simon Fraser University Centre for Education, Law and SocietyFaculty of Education, Simon Fraser UniversityBurnaby, BC V5A 1S6Phone: 604-291-4484Web: www.educ.sfu.ca/cels

University of British Columbia Law Students’Legal Advice ProgramFaculty of Law158–1822 East MallVancouver, BC V6T 1Z1Phone: 604-822-5791Fax: 604-822-1661Web: www.lslap.bc.ca

The Courtwatcher’s Manual Resources • 53

Educational Materials

The Common Law in Your Life (free)Online booklets from the People’s Law SchoolWeb: www.publiclegaled.bc.ca - click on “Publications”

The Law Connection: Current Issues in Law (free)Website from the SFU Centre for Education, Law and Society andLaw Courts Education Society of BCWeb: www.lawconnection.ca

Legal QuestNew Directions in Youth JusticeAdvanced Mock TrialsBooklets. For pricing and to order, contact:Law Courts Education Society of BC260–800 Hornby StreetVancouver, BC V6Z 2C5Phone: 604-660-9870Web: www.lawcourtsed.ca - click on “Resources”

Let’s Talk About Law in Elementary SchoolBook from the SFU Centre for Education, Law and Society.For pricing and to order, contact:Detselig Enterprises Ltd./Temeron Books Inc.210, 1220 Kensington Road NWCalgary, AB T2N 3P5Email: [email protected]: 403-283-6947Web: www.temerondetselig.com

54 • Notes The Courtwatcher’s Manual

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