The Criminal Court System

The Provincial Court System

• Consists of the provincial courts and the superior courts of the province.

• The provincial courts have trial divisions, while the superior courts have both trial and appeal divisions

The Provincial Court

• The Provincial Court is at the bottom of the hierarchy of Canadian courts.

• Cases are tried by a judge alone…not a jury

• Divided into criminal, civil (small claims), and family

Provincial Court, Criminal Division

• Provincial Court criminal division judges have the jurisdiction to hear summary conviction offenses and indictable offenses.

• Summary Conviction offenses are less serious crimes that carry a lighter penalty, such as causing a disturbance or public nudity

• Indictable offences are more serious crimes that carry a heavier penalty such as mischief, theft or fraud.

Provincial Court, Criminal Division

• Preliminary hearing-a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial

• An appeal is an application to a higher court to review the decision made by a lower court..

Federal Court of Canada

• The Federal Court of Canada has a trial division and an appeal division.

• In its trial division, the court has jurisdiction to try civil claims involving the federal government

• It also has the jurisdiction to hear appeals.

The Supreme Court of Canada

• The Supreme Court of Canada is the highest court in the country. It consists of a chief of justice and eight justices (judges), all of whom are appointed by the federal government.

• The Supreme Court of Canada is strictly an appeals court. It has no trial division.

The Participants

• Canada’s criminal justice system has two fundamental principles: an accused person is innocent until proven guilty, and guilt must be proven beyond a reasonable doubt

• Define reasonable doubt….pg. 168

The Participants

• The judge-makes decisions on the admissibility of evidence, controls the events in the courtroom, and interprets the law pertaining to the case. The judge instructs the jury on points of law, the jury decides the verdict based on the judge’s instructions and on the evidence or facts presented.

Judges

• In a non-jury trial, it is the judge who decides on the guilt or innocence of the accused and then passes sentence.

• A justice of the peace has less authority than a judge but can perform a number of judicial functions. A justice of the peace can issue arrest or search warrants and hear bail applications.

The Defense

• The person charged with a crime is called the accused (or defendant).

• Defendants may represent themselves at trial, but since the law is so complex, it is usually advisable for defendants to seek trained legal assistance.

• Duty counsel provides free legal advice to a person being charged or interrogated at the police station or appearing in Provincial Court fo the first time.

The Defence Counsel

• The defence counsel is the lawyer who represents the interests of the accused. If the accused pleads not guilty, the defence counsel will try to show that there exists a reasonable doubt of the defendants guilt. If the defendant is found guilty, the defence counsel will recommend an appropriate sentence to the judge.

The Prosecution

• The Crown attorney (or prosecutor) is the lawyer representing the government’s interests in investigating and punishing criminal offences to ensure society’s safety. The prosecutor must prepare the government’s case by researching the law.

The Witnesses

• Witnesses give evidence, under oath, concerning their knowledge of the circumstances surrounding a crime.

• The prosecutor or defence counsel may compel a witness to appear in court by issuing a subpoena, a court order requiring the witness to appear on a certain date to give evidence.

The Jury

• In a criminal trial, a jury is a group of 12 men and women, chosen by the Crown and defence counsel from a pool of ordinary citizens in the community the court is located in.

The Role of the Jury

• For a criminal trial, 12 people are chosen at random to decide the fate of a human being. They are required to listen to and observe the unfolding of a real-life drama. Afterward, they deliberate in secret and return a verdict for which they are not required to give any reasons-no an easy task and one laden with awesome responsibility

Jury Duty Qualifications

• Each province is different• Usually a Canadian citizen, 18 years of age or

older, and a resident of the province for at least one year.

• Publicly elected politicians and people working in the justice system, such as lawyers, prison guards and cops cannot serve as jurors.

• Anyone wishing to be excuse from jury duty may apply to the sheriff.

Jury Selection

• A group of potential jurors is called a jury panel. The accused is brought in front of the judge and jury panel for arraignment to enter a plea of guilty or not guilty

• Arraignment is the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea.

Picking the Jury

• Challenge for cause-the right of the Crown or defence to exclude someone from a jury for a particular reason.

• Peremptory challenge-the right of the Crown or the defence to exclude someone from a jury without providing a reason.

The Criminal Trial Process

• The burden of proof means that the Crown has the obligation to prove the guilt of the accused; it is not up to the accused to demonstrate innocence.

• According to a long-standing tradition of common law, proof of guilt must be beyond a reasonable doubt.

Order of Criminal Trial Process

• The Crown presents it case before the defence because it has the burden of proof, so the trial always begins with an opening statement by the Crown.

• The Defence responds when the Crown has finished. The defence may bring a motion for dismissal. This means they want the case dismissed. If the judge disagrees then the case proceeds.

Rules of Evidence

• Leading questions-A leading question suggests to the witness a particular answer. Example-Did you see Bill stab Corey?

• This is a leading question. The question should be worded as such: What did you see happen between Bill and Corey?

• This type of questioning doesn’t lead the witness.

Hearsay Statements

• An attorney may ask a witness only about what the witness saw or experienced first-hand, not about something he or she heard from a third party.

• Example-Ann told me that she saw Tom stab Al with a knife….this statement would be hearsay evidence, and it would not be admissible in court.

Evidence

• Direct Evidence-is the testimony given by a witness to prove an alleged fact.

• Circumstantial Evidence-If there is no one to provide eyewitness testimony, the offence may be proven by circumstantial evidence. Example: fingerprints, DNA

Summary of the Case

• After all the testimony has been given, each counsel (crown and defence) presents a summary of the case in the form of closing arguments

Charge to the Jury

• After the summaries by opposing counsel, the judge gives a charge to the jury, which is an explanation of the law and instructions on how the law applies to the case before them.

Verdict

• Once the verdict has been reached it is read in open court.

• A jury’s verdict must be unanimous.

• A jury that cannot reach a unanimous decision is called a hung jury

Appeals

• No legal system is free from error. For this reason, the right to appeal is an important safeguard in Canada’s adversarial system.

• A notice of appeal must be filed within a short period of time, inmost cases within 30 days.