1. The Plan… 15 Oct 2013 Talk about the test
How was it & how it was…
Start Ch 7 – The Criminal Court System
Presentation
Worksheet
Hand in any work missing (McSorely etc.)
Parent Teacher interview forms will be sent with some of you this week… Get signed & returned

2. 7.1 – The criminal court system

3. The Criminal Court Structure I
As we have already discussed:
Federal Parliament is responsible for making criminal law and procedure
Federal Parliament also is responsible for establishing courts for administrating various federal laws
i.e. Supreme Court of Canada, Federal Court of Canada, and Tax Court of Canada
Provinces are responsible for administration and maintaining their own court system
Both of these levels of government are responsible for appointing judges to their respected courts

4. The Criminal Court Structure II (chart 7.2 in text)
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Canada
(Trial Division)
Superior Court of Province
(Trial Division)
The Provincial Courts
Criminal Court
Youth Justice Court
Family Court
Small Claims Court

5. The Criminal Court Structure III
The Provincial Court System
…is the lowest level in the hierarchy of Canadian courts
Cases are tried by judge alone, no jury
…includes the following types of court:
Criminal Court
hears minor criminal offences
i.e. public nudity or causing a disturbance
hears preliminary hearing for more serious cases
determines the severity of the crime, may bump trial to a higher court. Also ensures that there is “sufficient evidence to put the accused on trial”
i.e. theft or fraud over/under $5000
Provincial statutes or municipal bylaws
i.e. careless driving (provincial) or parking fine (municipal)
Youth Justice Court, Family Court, & Small Claims Court

6. The Criminal Court Structure IV
Superior Court of the Provinces
…is the highest criminal and civil court, consisting of a trial division and an appeal division
In B.C., - called the Supreme Court of British Columbia
hears more serious cases both civil & criminal in nature (divorce & murder) – ones that go beyond scope of Provincial Court
trial by judge or judge/jury, unless otherwise chosen to have only a judge

7. The Criminal Court Structure V
The Federal Court System
Consists of a Trial division & Appeal division
Trial division: jurisdiction to try civil claims involving the federal government
Appeals division: hears appeals from federally appointed boards, commissions, and administrative tribunals
i.e. National Parole Board
Federal Court of Canada
…is a court with jurisdiction to hear civil and criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred by the Attorney General
Supreme Court of Canada
…is the highest appeals court in Canada – also deals with constitutional questions referred to it by the federal government
i.e referendum in Quebec, legit if “yes”?

8. The Participants
Criminal Justice System has two fundamental principles:
Accused person is innocent until proven guilty
Guilt must be proven beyond a reasonable doubt
Means judge & jury cannot convict someone unless they are satisfied that the Crown has proven the defendant’s guilt
Any doubt in guilt, defendant must be acquitted
There is a list of people that are involved in this process to prove or disprove guilt:
Judge
Crown & Defence lawyers
Jury
Numerous other court personnel

9. The Participants II The Judge The Defence
…is the court official appointed to try cases in a court of law and to sentence convicted persons
Controls events in courtroom (order), interprets the law pertaining to the case, instructs jury on points of the law
Judge = trier of law; Jury = trier of fact
Judge also makes rulings if no jury trial
Justice of the Peace
…is the court official who has less authority than a judge but who can issue warrants and perform some other judicial functions, along with municipal bylaws and provincial statutes, i.e. Highway traffic act
The Defence
Defence Counsel
…is a lawyer who defends an accused person on trial
Duty Counsel
…lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court

10. The Participants III The Prosecution Other Court Personnel
Crown Counsel (Prosecutor)
…is lawyer representing the government, responsible for instituting legal proceedings against the accused
Not necessarily responsible to “obtain a conviction” but more or less provide “credible evidence of a crime”
Other Court Personnel
Court Clerk
…is the court official who assists the judge
Court Reporter
…is the court official who records everything said in court during a trial

11. The Participants IV Sheriff Bailiff Witnesses Jury
…responsible for jury management
Bailiff
…is the court official who acts as court security officer
In BC, the Sheriff plays the role of Bailiff & Court Security
Witnesses
… are persons who give evidence under oath or affirmation in a court of law
Subpoena (fail to show = contempt of court) & perjury (go to jail, up to 14 years)
Jury
… in a criminal trial, is a group of 12 people who decide whether the accused is guilty or not guilty

12. Role of the Jury Decide the fate of a human being
Qualifications (provincial standards):
Canadian citizen, 18 years old, live in province for 1 year minimum
Politicians and people who work in court system excluded
You may abstain from jury duty on grounds of:
Health
Financial loss
Been on jury duty in past 5 years

13. Jury Selection Selected randomly from electoral polling lists
Established as jury panel during arrangement process
Then if “not guilty” plea made, jury members selected
Crown and defence have their choice for 12 jurors
Can be excluded by crown or defence
Challenge for cause (reason)
Peremptory challenge (no reason)

14. Your turn… Work on worksheets Check out your test scores Questions
We will review tomorrow
Check out your test scores
“Serious” factor has to go up…
Questions