1. The Criminal Court System

2. The Court System Depending on the crime committed decides at what court the trial will be held. Depending on the crime committed decides at what court the trial will be held. The Provinces have the authority to set up their own courts so court systems in each province are different. The Provinces have the authority to set up their own courts so court systems in each province are different. There are six basic levels to the court system. There are six basic levels to the court system.

3. The Court System Canada’s criminal justice system has two fundamental principles: Canada’s criminal justice system has two fundamental principles: The accused is innocent until proven guilty. The accused is innocent until proven guilty. The guilt of the accused must be proven beyond a reasonable doubt. The guilt of the accused must be proven beyond a reasonable doubt. This means that if there is any doubt that the person committed the crime they must be acquitted. This means that if there is any doubt that the person committed the crime they must be acquitted.

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

5. Criminal Court Structure Provincial Court: the lowest level in the hierarchy of Canadian courts. About 90% of all criminal cases in Canada are handled by the provincial courts. Provincial Court: the lowest level in the hierarchy of Canadian courts. About 90% of all criminal cases in Canada are handled by the provincial courts. Superior Court of the Province: the highest criminal and civil court in the province, consisting of a trial division and an appeal division. Superior Court of the Province: the highest criminal and civil court in the province, consisting of a trial division and an appeal division. Federal Court of Canada: a court that hears cases involving the federal government; consists of a trial and appeal division. Federal Court of Canada: a court that hears cases involving the federal government; consists of a trial and appeal division. Supreme Court of Canada: the highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government. Supreme Court of Canada: the highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government.

6. Preliminary Hearing The goal of the Preliminary Hearing is to determine whether or not the Crown has the evidence to take the accused to trial. The goal of the Preliminary Hearing is to determine whether or not the Crown has the evidence to take the accused to trial. The Judge will decide if there is enough evidence to go to court. Each side can call witnesses and present evidence. The Judge will decide if there is enough evidence to go to court. Each side can call witnesses and present evidence.

7. The Judge 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 makes decisions on the admissibility of evidence, controls the events in the courtroom, and interprets the law pertaining to the case. A Justice of the Peace has less authority than a judge but can perform a number of judicial functions such as issue arrest and search warrants. A Justice of the Peace has less authority than a judge but can perform a number of judicial functions such as issue arrest and search warrants.

8. The Defense The person charged with the crime is called the accused (or defendant). They may represent themselves but it is advised that they do not. The person charged with the crime is called the accused (or defendant). They may represent themselves but it is advised that they do not. If a person can not afford a lawyer or their’s is unavailable they are appointed a duty counsel. Duty counsel provides free legal assistance to those who cannot afford it. If a person can not afford a lawyer or their’s is unavailable they are appointed a duty counsel. Duty counsel provides free legal assistance to those who cannot afford it.

9. The defense counsel is the lawyer that is the full time representative of the accused. The defense counsel is the lawyer that is the full time representative of the accused. They try and prove that there is reasonable doubt in the guilt of the accused. They try and prove that there is reasonable doubt in the guilt of the accused.

10. The Prosecution In Canada the prosecution is also called the Crown. In Canada the prosecution is also called the Crown. It is their job to prove beyond a reasonable doubt that the accused is guilty. It is their job to prove beyond a reasonable doubt that the accused is guilty. They submit evidence collected by police to help to prove their case. They submit evidence collected by police to help to prove their case.

11. Other Court Personnel Court Clerk Court Clerk: the court official who assists the judge Court Reporter Court Reporter: the court official who records everything said in court during a trial.

12. Court Security Officer Court Security Officer: the court official who maintains security in the court room. Sheriff Sheriff: the court official responsible for jury management. Bailiff Bailiff: the court official who assists the sheriff.

13. Definitions Beyond a reasonable Doubt: Beyond a reasonable Doubt: Judge Judge Justice of the Peace Justice of the Peace Accused Accused Duty Counsel Duty Counsel Defense Counsel Defense Counsel Crown Attorney Crown Attorney

14. The Criminal Trial During the trial process the prosecution has the responsibility to try and prove the accused guilty. During the trial process the prosecution has the responsibility to try and prove the accused guilty. This responsibility is known as the burden of proof. This responsibility is known as the burden of proof. The trail begins with the judge explaining the jury’s role. The jury has to pick a foreperson who will represent them and communicate with the judge. The trail begins with the judge explaining the jury’s role. The jury has to pick a foreperson who will represent them and communicate with the judge.

15. The Criminal Trial The Crown or prosecution gets to present its case and evidence before the defense because it has the job to prove a person guilty. The Crown or prosecution gets to present its case and evidence before the defense because it has the job to prove a person guilty. The first examination or questioning of witnesses is called a direct examination. During this the Crown will ask the witness to tell what he or she observed about the crime. The first examination or questioning of witnesses is called a direct examination. During this the Crown will ask the witness to tell what he or she observed about the crime.

16. The Criminal Trial It is only after the Crown presents its opening statement and questions its witness does the defense respond. It is only after the Crown presents its opening statement and questions its witness does the defense respond. If the defense attorney believes the prosecution did not make a good enough argument the defense may move for a dismissal. If successful a verdict of not guilty is automatically entered. If the defense attorney believes the prosecution did not make a good enough argument the defense may move for a dismissal. If successful a verdict of not guilty is automatically entered.

17. The Criminal Trial The defense can question any witness the prosecution called and also call its own witnesses. The defense can question any witness the prosecution called and also call its own witnesses. Once the defense is finished the Crown can rebut contradict any evidence the defense has brought forward. Once the defense is finished the Crown can rebut contradict any evidence the defense has brought forward.

18. Rules of Evidence and Testimony Lawyers are not allowed to ask leading questions in a court of law. An example of a leading question would be: Lawyers are not allowed to ask leading questions in a court of law. An example of a leading question would be: “Wasn’t it Mary you saw stabbing Brody on the street corner?” “Wasn’t it Mary you saw stabbing Brody on the street corner?” The question would have to be reworded as: The question would have to be reworded as: “What was it you saw Mary do to Brody?” “What was it you saw Mary do to Brody?”

19. Rules of Evidence and Testimony An attorney may ask a witness only about what the witness saw not about what they heard or were told. An attorney may ask a witness only about what the witness saw not about what they heard or were told. Any testimony in which a person states that is what they heard or was told is considered hearsay and is not admissible in court. Any testimony in which a person states that is what they heard or was told is considered hearsay and is not admissible in court.

20. Rules of Evidence and Testimony The defense or crown may not ask a witness to give their opinion while on the stand. The defense or crown may not ask a witness to give their opinion while on the stand. The only exception is when the person is a certified individual such as a doctor or trained professional. The only exception is when the person is a certified individual such as a doctor or trained professional.

21. The Trial The Crown prosecutor opens the trial by presenting its case. The Crown prosecutor opens the trial by presenting its case. The Crown conducts direct examination in which it questions its witnesses. The Crown conducts direct examination in which it questions its witnesses. The defense then gets to question the witnesses and present its evidence. The defense then gets to question the witnesses and present its evidence. The Crown can then cross examine a witness after they have testified for the defense. The Crown can then cross examine a witness after they have testified for the defense.

22. Circumstantial evidence: Indirect evidence that allows the judge or jury to conclude from the evidence that the accused is guilty. Circumstantial evidence: Indirect evidence that allows the judge or jury to conclude from the evidence that the accused is guilty. Example Example No one saw Billy assault Ashley and take her purse, but they find the purse in a nearby trash can and it is covered with Billy’s fingerprints. Also, a witness testifies that he saw Billy in the area at the approximate time that the crime took place. No one saw Billy assault Ashley and take her purse, but they find the purse in a nearby trash can and it is covered with Billy’s fingerprints. Also, a witness testifies that he saw Billy in the area at the approximate time that the crime took place.

23. Character evidence: is evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence. Character evidence: is evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence.

24. Questions 1. __________ In a trial this side presents first. 2. __________ This rests with the prosecution. 3. __________ The juror that is in charge of the rest of the jury. 4. __________ The defense can make a motion for this. 5. __________ The questioning of a witness. 6. __________ To contradict. 7. __________ A witness that testifies to a story told to them. 8. __________ Lawyers are not allowed to ask these types of questions.

25. Arraignments If there is no Preliminary Hearing the accused must show at an arraignment. If there is no Preliminary Hearing the accused must show at an arraignment. Here the Prosecution presents the charge, and the name of the accused. The defendant must then enter a plea of guilty or not guilty. Here the Prosecution presents the charge, and the name of the accused. The defendant must then enter a plea of guilty or not guilty.

26. Jury Trial The first step in holding a jury trial is preparing a list of possible jurors. The first step in holding a jury trial is preparing a list of possible jurors. Each province has a way of making its own list from things like voting lists. Each province has a way of making its own list from things like voting lists. The jurors are selected after the accused has been arraigned. A jury is made of 12 persons. The jurors are selected after the accused has been arraigned. A jury is made of 12 persons. The prosecution and defense can challenge a possible juror on the grounds he or she is not impartial. The prosecution and defense can challenge a possible juror on the grounds he or she is not impartial.

27. Jury Selection Jury panel members are called one at a time to the front of the court at random. Jury panel members are called one at a time to the front of the court at random. Both the prosecution and defense can object to a potential jury member for good reason. This is called challenge for cause. Both the prosecution and defense can object to a potential jury member for good reason. This is called challenge for cause.

28. If a jury member is seen as impartial or suitable, the defense can still object to that person without good reason. This is called a peremptory challenge. If a jury member is seen as impartial or suitable, the defense can still object to that person without good reason. This is called a peremptory challenge. When selection is done, the 12 jurors take the juror’s oath. When selection is done, the 12 jurors take the juror’s oath.

29. Closing Address and Charge to the Jury Once the Crown and the defense present its evidence they both make closing statements. Once the Crown and the defense present its evidence they both make closing statements. They usually take this opportunity to point out the weaknesses in each others case. They usually take this opportunity to point out the weaknesses in each others case. The judge then tells the jury the conditions. The judge then tells the jury the conditions. For example if the defense has raised the defense of intoxication the judge will state whether or not the defense is going to be allowed. For example if the defense has raised the defense of intoxication the judge will state whether or not the defense is going to be allowed.

30. Reaching a Verdict A jury must decide if the person is to be acquitted (found innocent) or guilty. A jury must decide if the person is to be acquitted (found innocent) or guilty. The verdict must be unanimous (everyone must agree). The verdict must be unanimous (everyone must agree). If the jurors can not agree, the jury must be dismissed and a new trial must be held. If the jurors can not agree, the jury must be dismissed and a new trial must be held.

31. Plea Bargaining In many cases a special step takes place just before or at the arraignment. In many cases a special step takes place just before or at the arraignment. In a plea bargain the accused agrees to plead guilty in exchange for a lesser charge. In a plea bargain the accused agrees to plead guilty in exchange for a lesser charge. This can save the government money as there is no trial if the accused pleads guilty. This can save the government money as there is no trial if the accused pleads guilty.

32. Definitions Presumption of Innocence Presumption of Innocence Evidence Evidence Preliminary Hearing Preliminary Hearing Cross-examination Cross-examination Arraignment Arraignment Plea Bargain Plea Bargain Direct Examination Direct Examination

33. Questions 1. __________ In Canada the defendant is presumed… 2. __________ It is the Crown Prosecutors job to prove the accused is… 3. __________ This side is the first to present evidence at trial. 4. __________ There are this many levels to the court system. 5. __________ This is held to decide if there is enough evidence to go to trial. 6. __________ This is held in order for the accused to enter a plea. 7. __________ A jury is made up of this many people. 8. __________ An agreement to a lesser charge.

34. Questions 1. What is the purpose of a preliminary hearing? 2. What is a plea bargain? 3. What is the purpose of an arraignment? 4. What side presents first at a trial? Why? 5. What is a verdict

35. Questions 1. __________ In Canada you are presumed… 2. __________ The Crown must prove the accused guilty beyond a reasonable… 3. __________ Used as proof of guilt or innocence; presented at a trial. 4. __________ Held to see if there is enough evidence to go to court. 5. __________ Held so the accused can enter a plea. 6. __________ A meeting where the accused can agree to a lesser charge for pleading guilty. 7. __________ The decision of the jury. 8. __________ Represents the government in court. 9. __________ Presides over the courtroom and keeps order. 10. __________ They listen to testimony and see evidence and decide whether the person is innocent or guilty.

36. Questions 11. T/FA jury is made up of 13 people. 12. T/FIf a jury’s decision is not unanimous there is a new trial held. 13. T/FAt a trial the defense presents first. 14. T/FAt an arraignment the accused must plead guilty or not guilty. 15. T/FThere are seven levels to the court system. 16. T/FThe accused has to prove themselves innocent.

37. Questions 17. T/FIf the accused enters a guilty plea at the arraignment they are sent to trial. 18. T/FThe defense can move for a dismissal of the charges. 19. T/F At the end of the trial the defense and prosecution make closing statements.

38. Questions 20. Why does the Crown prosecutor get to present evidence first? 21. What happens if the accused pleads guilty at the arraignment? 22. What is evidence? 23. What happens if the jury can’t reach a decision? 24. Who does the prosecution have to prove its case to?