The Criminal Court System Law 521 Chapter Seven
The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court system. Law 521 2
On the Federal side of the court system: Supreme Court Of Canada Federal Court of Canada (Appeal Division) Federal Court of Canada (Trial Division) Law 521 3
On the provincial side of the court structure. Supreme Court of Canada Superior Court Of Province (Appeal Division) Superior Court Of Province (Trial Division) The Provincial Courts -Criminal Court -Youth Justice Court -Family Court - Small Claims Court Law 521 4
The Provincial Court System Provincial Courts System Provincial Court (have only trial divisions) Superior Court (have both trial and appeal divisions) Law 521 5
The lowest court in Canadian court system. Provincial Court Criminal Division Cases judged by judge alone (no jury) Divided into three sections: Criminal (The only one we ll deal with) Civil (Small Claims) Family Youth Law 521 6
Provincial Court judges have jurisdiction to hear: Provincial Court Jurisdiction Summary conviction offences Less serious/lighter penalty (nudity, disturbance) Certain indictable offences (more serious, usually end in fines) Mischief, theft under $5000, etc. Also tries violations of provincial statutes/municipal bylaws. Careless driving, parking violations, etc. Law 521 7
The Preliminary Hearing An accused person s first contact with the criminal court system will begin in PROVINCIAL COURT (Criminal Division). This is where the court determines whether there is sufficient evidence to put the accused on trial by a higher court. It is a SCREENING PROCESS. Protects the accused person from an unnecessary trial and it protects the Crown/public from the expense of a trial. Law 521 8
An appeal for a SUMMARY OFFENCE is heard by a single judge of the Superior Court of the province. Supreme Court of Canada Superior Court Of Province (Appeal Division) Superior Court Of Province (Trial Division) The Provincial Courts -Criminal Court -Youth Justice Court -Family Court - Small Claims Court Appeals in Provincial Court An appeal regarding an INDICTABLE OFFENCE is heard by the appeal division of the Superior Court (a panel of 3 to 5 judges). Supreme Court of Canada Superior Court Of Province (Appeal Division) Superior Court Of Province (Trial Division) The Provincial Courts -Criminal Court -Youth Justice Court -Family Court - Small Claims Court Law 521 9
Superior Courts in a Province The highest level of the provincial criminal and civil court system. Has a trial division and an appeal division. Cases here MUST be tried by a judge and jury, unless the accused person and the province s Attorney General agree to have a trial by judge alone. Appeals from the Superior Court (Trial Division) are heard by the Superior Court (Appeal Division). There are 3 to 5 judges in the Appeals Division. Why? Law 521 10
Federal Court System Consists of the following: Federal Court (Trials) Federal Court (Appeals) The Supreme Court of Canada is our country s highest court of appeal. Supreme Court Of Canada Federal Court of Canada (Appeal Division) Federal Court of Canada (Trial Division) Law 521 11
Federal Court of Canada Supreme Court Of Canada Federal Court of Canada (Appeal Division) Federal Court of Canada (Trial Division) Holds TRIALS for civil claims involving the federal government. Also hears APPEALS from: federally-appointed boards, federally appointed commissions, Immigration Appeal Board National Parole Board Law 521 12
Our country s highest court. Chief Justice and 8 judges appointed by the Feds. This is strictly an APPEALS court. There is NO TRIAL division here. Supreme Court of Canada Hears appeals of decisions made by different provincial courts of appeal and by the Federal Court of Appeal. It is difficult to get your case heard by the Supreme Court. Law 521 13
Other Courts Tax Court Income tax matters Court Martial Appeal Court Canadian Forces matters Nisga a Court Nisga a Nation s matters (lands, self-government) Aboriginal Sentencing Circles New system of trials/sentencing Law 521 14
Question Time! Building Your Understanding Page 168 1 2 3 4 5 6 7 8 Law 521 15
Canada s Criminal Justice System Two Fundamental Principles: An accused person is innocent until proven guilty Guilt must be proven beyond a reasonable doubt. If there is any doubt in the minds of judges or jurors, the accused must be acquitted. This makes the roles of the judge, jury, and other court personnel very critical. Law 521 16
Visit this Website and Learn Each Person s Role in Court http://www.courtprep.ca/ Law 521 17
Roles: Makes decisions on admissibility of evidence Controls courtroom events Interprets the law pertaining to case Instructs the jury on points of law Sentences convicted persons If there s no jury, the judge decides guilt/innocence The Judge Justice of the Peace Has less power than a judge Can issue search/arrest warrants Can hear bail applications Can marry you! Law 521 18
Defence Legal assistance for the accused (also known as the defendant). Duty Counsel Lawyer hired through legal aid system in a province. Provides free legal advice. Defence Counsel Lawyer representing interests of accused. Tries to show reasonable doubt (innocent) or recommends an appropriate sentence (guilty). Law 521 19
Prosecution Crown Attorney (or Prosecutor) Represents the government s interests in investigating and punishing criminal offences. We have 7 Crown Attorneys on PEI Also responsible to bring forward EVIDENCE Important sources of evidence: Testimony of arresting officer Testimony of witnesses Physical evidence (fingerprints, weapons, CSI-type stuff. Law 521 20
Legal Humor Law 521 21
Court Clerk Court Personnel Keeps court records, oaths, begins and ends court Court Reporter Records everything verbatim, makes transcripts Court Security Officer Sheriff Bailiff Handles accused/maintains security Jury management Assists sheriff Law 521 22
Give evidence, under oath Witnesses Some may be issued a SUBPOENA to force them to appear in court. If you don t show, you can be held in contempt of court. Must take an oath on the Bible PERJURY knowingly making false statements while giving evidence under oath (14 years maximum penalty) Law 521 23
Only at a criminal trial. The Jury 12 men and women, chosen by the Crown and defence attorneys. Listen to the trial, examine evidence, follow judge s instructions At trial s end, the DELIBERATE and decide on guilt/innocence of accused. Decision must be UNANIMOUS Law 521 24
The Role of the Jury
Qualifications Canadian citizen 18 years old Resident of the province for at least one year Elected politicians/justice system employees (lawyers, police officers, prison guards, probation officers) cannot serve. If you wish to be EXEMPTED from jury duty, you must apply to the sheriff. Jury Selection Selected randomly from voters list Group of potential jurors is called a JURY PANEL They hear the ARRAIGNMENT, and then the selection process pares the list down to 12 jurors. This takes 6 steps (Review on 173) Law 521 26
Question Time! Building Your Understanding Page 174 1 2 3 4 Law 521 27
Problems During Jury Selection Law 521 28
The Criminal Trial Process
Crown vs Accused The BURDEN OF PROOF is on the Crown (government prosecutor). The obligation to prove the guilt of the accused (remember that the accused is innocent until proven guilty). Law 521 30
Five Steps in the Criminal Trial Process 1. Judge s Opening Statements 2. Crown s Opening Statement 3. Examination of Witnesses 4. Defence Response 5. Summary of the Case
Judge explains jury s role. Step One - Judge s Opening Statements Judge asks jury to appoint a foreperson who will lead the jury and speak on its behalf during the trial. Law 521 32
Judge s Opening Statements Law 521 33
Step Two - Crown s Opening Statement Trials always begin with Crown s opening statement (because they have the burden of proof) Identifies: Offence Committed Summarizes evidence against accused Outlines the way the Crown will present its case Law 521 34
Opening Statement Humor Law 521 35
Step Three - Examination of Witnesses DIRECT EXAMINATION the first examination of a witness by Crown. CROSS-EXAMINATION second questioning of a witness by Defence. Tests accuracy of the evidence Attempt to convince the jury that the witness isn t credible. Law 521 36
Legal Humor Law 521 37
Step Four- Defence Response MOTION FOR DISMISSAL Defence believes that the Crown has failed to prove guilt beyond a reasonable doubt. DIRECTED VERDICT if judge agrees with the motion for dismissal, he/she enters a verdict of NOT GUILTY. Most often, the trial continues. DEFENCE OPENING STATEMENT summarizes case, calls witnesses to refute Crown s witness testimony. EXAMINATION and CROSS-EXAMINATION is repeated. After defence response, Crown can REBUT (contradict) any new evidence. Defence can then contradict the Crown s rebuttal (SURREBUTTAL). Law 521 38
Defence Response Humor Law 521 39
Can the accused testify on his/her own behalf? Yes, but he/she cannot be FORCED to testify on his/her own behalf.
Then, we shall move on to Part Five EVIDENCE Evidence is the most important element in both the Crown s and Defence s cases. It requires that we look into it further.
Rules of Evidence Crown and Defence can OBJECT to question asked/answers given. Some common objections ( 176 ): Leading Questions a question which suggests a particular answer. Hearsay Statements second-hand knowledge (given by someone else) Opinion Statements witnesses have to deal in facts Immaterial/Irrelevant Questions doesn t concern the case Non-Responsive Answers Reply doesn t really answer the question Law 521 42
Types of Evidence Law 521 43
Direct Evidence Testimony given by a witness to prove an alleged fact Eyewitness account is the most common. Circumstantial Evidence Indirect evidence that points to the defendant s guilt. It is usually admissible in court unless it is considered too weak Law 521 44
Character Evidence Establishes that the accused is the type of person likely or not likely to commit a crime Usually, it is the defence who relies on character evidence to convince the judge and jury that the defendant is a good person Electronic Surveillance Use of electronic devices to overhear/record communications between two or more people. Wiretaps/bugging are examples. This evidence is only admissible in court if it was authorized by a judge before it was obtained. Law 521 45
Polygraph Tests Lie Detector examines physical signs of lying in defendants. Pulse, respiration, blood pressure Results are NOT admissible, but the transcript of the interview is. Voir Dire Mini-Trial without jurors present. Judge and attorneys discuss the issues that are slowing down the trial. Usually, a voir dire concerns the admissibility of evidence. Law 521 46
Collecting Evidence Humor Law 521 47
Step Five Summary of the Case After all testimony has been given, each counsel gives closing arguments. Crown tries to show that guilt is proven beyond a reasonable doubt. Defence tries to show that Crown failed to prove actus reus or mens rea. Closing arguments CANNOT include new evidence. Summaries are meant to better explain to jurors the issues of the case. Atticus Finch Law 521 48
Final Summation Humor Law 521 49
Step Six - Charge to the Jury Judge s explanation of the law as it applies the case before them. Must be carefully worded. Why? If there is REASONABLE DOUBT, they must give a verdict of NOT GUILTY. They must, however, arrive at a UNANIMOUS DECISION. Law 521 50
More Legal Humor Law 521 51
Step Seven - The Verdict Once a verdict is reached, it is read in open court by the foreperson. HUNG JURY if a unanimous decision cannot be reached, the jury is dismissed and a new jury is chosen to re-try the case. Law 521 52
Verdict Humor Law 521 53
Step Eight - Appeals Useful in case errors were made by any participants in the trial. You have 30 days to file an appeal. Appeal is heard by the appeals court. In criminal cases, either the Crown or the Defence can request this. APPELLANT the side filing the appeal RESPONDENT the side responding to the appeal Usually heard by a panel of 3 to 5 judges. No witnesses. Attorneys use trial transcripts, exhibits, arguments. Panel s decision doesn t have to be unanimous here. They just need a majority. Law 521 54
Building Your Understanding Page 183 1 2 3 4 5 6 7 8 9 10 Question Time! Law 521 55