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
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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. Courtroom Participants

5. Trial Procedures & Courtroom Personnel
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Trial Procedures & Courtroom Personnel
Judge (frequently referred to as “The Bench” or “The Court”)
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 (usually in writing), 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
- motion
Objection is like a motion, example think a question is irrelevant.

6. 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.

7. Trial Procedures & Courtroom Personnel
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Trial Procedures & Courtroom Personnel
Crown Attorney
The lawyer acting on behalf of the government (society)
The burden of proof is on the Crown to prove that the accused person is guilty beyond a reasonable doubt
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

8. Trial Procedures & Courtroom Personnel
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Trial Procedures & 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, heard, 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)

9. Plead the Fifth- American Term
In Canada, similar rights exist pursuant to the Charter of Rights and Freedoms. Section 11 of the Charter provides that one cannot be compelled to be a witness in a proceeding against oneself. Section 11(c) states:
11. Any person charged with an offense has the right … c) not to be compelled to be a witness in proceedings against that person in respect of the offence…An important distinction in Canadian law is that this does not apply to a person who is not charged in the case in question. A person issued subpoena, who is not charged in respect of the offence being considered, must give testimony. However, this testimony cannot later be used against the person in another case. Section 13 of the Charter states:
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

10. Trial Procedures & Courtroom Personnel
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Trial Procedures & 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

11. Trial Procedures & Courtroom Personnel
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Trial Procedures & 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

12. Canadian Criminal Court Structure and Appeal

13. Ontario Court of Justice vs. Superior Court of Justice

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
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

20. Activity: The Courtroom in Canada
You may work independently or with a partner
Please complete the questionnaire “The Courtroom in Canada” PRIOR to reading article: Canadian Courts vs. Law & Order
Read article and answer the following questions:
Who is the district attorney?
What is counsel?

21. Who is the district attorney?
In Canada the district attorney is referred to as Crown Prosecutors

22. What is counsel?
A barrister ( A lawyer admitted to plead at the bar in the superior courts) or other legal adviser conducting a case.