1. Trial Procedures & Courtroom Personnel
UNIT 3 - CRIMINAL LAW

2. Trial Procedures & Courtroom Personnel
Have you ever watched criminal trials on T.V. or in movies and seen the prosecutors and defence lawyers argue their cases in court?
What people are involved in the courtroom process?
Were there many witnesses, or only the accused?
Did the trial involve a jury or a judge sitting alone?
Today – we will learn more about trial procedures in criminal courts in Canada & the people involved in the criminal trial process and what is expected of each of them

3. Trial Procedures & Courtroom Personnel
In Canada, we have an adversarial system - meaning that the two sides (Crown and Defence) “fight” each other in order to win.

4. Activity – Who is in the Courtroom?
Using the whiteboards provided…
Brainstorm a list a people you would see in a courtroom.
Draw a picture of the courtroom and where you think the people would be situated.

5. Courtroom Participants

6. Courtroom Personnel: JUDGE
Maintains order in the courtroom
Acts as the referee to ensure that the “fight” is fair
– must rule on matters such as the admissibility of evidence, motions made by the lawyers, and lawyer objections to questions
In a trial with no jury, decides the verdict (guilty or not guilty)
Sentences the accused person if s/he is found guilty

7. What are the main duties of a Superior Court Judge?
Supervising the ‘Jury Selection/deciding who gets ‘excused’
Managing the Trial process – ruling on legal issues
Charging the Jury on the law before they deliberate
Deciding guilt/innocence in a ‘judge alone’ Trial
Sentencing of a guilty ‘Accused’
Note – approx % of Criminal matters are heard at the lower Ontario Courts (i.e. Old City Hall) and only the remaining more serious cases are heard in the higher Superior Court., which is also the only Court that has ‘Jury’ Trials
NOTE – we will be visiting a superior court in Toronto for our field trip – jury trial could be in session.

8. Courtroom Personnel: Crown Attorney
The lawyer acting on behalf of the gov’t (society)
The burden of proof is on the Crown to prove that the accused person is guilty beyond a reasonable doubt

9. Courtroom Personnel: Defence Counsel
The lawyer acting on behalf of the accused person
Attempts to establish doubt in the Crown’s case so that the accused person is found not guilty

10. Courtroom Personnel: Witnesses
Both sides (Crown and Defence) use witnesses to present their case
All evidence must be submitted through witnesses
Witness testify about what they saw, heart, smelt, tasted, and touched
In most cases, witnesses are not allowed to give their opinion on a matter unless they are an expert in that area (expert witness)

11. Courtroom Personnel: Jury
12 jurors, but can proceed with 11 or 10
Jurors decide whether the accused person is guilty or not guilty
Must be unanimous decision or else a mistrial is declared

12. Courtroom Personnel Court Clerk
Reads the charge against the accused, swears in witnesses, tags evidence
The Court Recorder
Records all of the evidence given and all questions and comments made during the trial

13. Canadian Criminal Court Structure and Appeal

14. Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
Pg textbook
The Provincial Courts
Criminal Court
Youth Justice Court
Family Court
Small Claims Court

15. Canadian Criminal Court Structure and Appeal
Supreme Court of Canada (SCC)
Final court of appeal
Issues of great importance
Question of law decided/interpreted

16. Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Hears appeals of federal court
Appeals after go to SCC
Hears appeals from superior
3-5 judges hear appeals
Hears appeals of summary cases
Sets provincial precedent

17. Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
Jurisdiction over cases with gov’t boards, tribunals, federal jurisdiction, Immigration, intellectual property (copyright & trademarks)
Federal gov’t cases
Tries more severe crimes (i.e. murder, sexual assault
Can be judge or jury

18. Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
The Provincial Courts
Criminal Court
Youth Justice Court
Family Court
Small Claims Court

19. Canadian Criminal Court Structure and Appeal
The Provincial Courts
Judges are appointed
No jury trials
Hears & tries summary offences & less indictable
Criminal Court
Youth Justice Court
Family Court
Small Claims Court
Preliminary hearings
Traffic
Summary
i.e. Frederick St. Kitchener
All criminal cases start here (90% end here)
12-17 years old
Divorce
Custody
Support
Estate
*Not open to the public
Civil action
Under $10,000