1. The Trial Process (1)
What is the adversarial system and how does it work? Does it serve the interests of justice?
What are the major components of a trial?
What appeal options are available?

2. The Adversarial System
Adversarial vs. Inquisitorial
Inquisitorial
Judge, acts as investigator of fact and arbitrator
Efficiencies
Days gone by…
Present day uses…
Adversarial
Relies on skill of each party’s advocate for defense of rights, uncovering of facts
Neutral judge (active) and jury (passive)
Golden Thread
Presumption of innocence
Proof beyond reasonable doubt
Right to remain silent

3. The Adversarial System
Assessing the Adversarial System
Pros
Passion of personal interest
Neutral judge who can act as mediator
Professional legal advice
Cons
Cost and pressure to plea-bargain
Does the truth come out?
Risk of polarised versions of events
R v. Stillman- real demonstrative evidence can still be
introduced even if Charter violations occurred
Imbalance of power
Mandatory disclosure R v. Stingchombe
Ethical requirements of prosecutors Boucher v. The Queen
Alternatives:
Participatory
Return to Inquisitorial
Mediation

4. Source: Simon Fraser University (Burnaby, BC)

5. BC Court System
Source: BC Provincial Court
see pg. 208

6. Trial vs. Non Trial
How is justice best served (achieved): trial or non trial-based resolution?
Consider:
Costs (financial, human resources, physical resources)
Time
Adversarial vs. non-adversarial
Acknowledgement of guilt
Healing
Rehabilitation

7. Location in Trial Process Significance of this Stage
Trial vs. Non Trial
Key Players
Judge
Crown Prosecutor
Defence Counsel
Court Clerk and Reporter
Sheriff
Auxiliary Officials (victim support, probation officers, defendant assistants)
Pre Trial
Evidence
Publication
Jurisdiction
Jury Selection
Trial
Arraignment
Crown Case
Defense Case
Instructions to Jury
Verdict/Decision
Appeal
Location in Trial Process
Technical Aspects
Players Involved
Significance of this Stage
Publication of Evidence
Evidence
Jurisdiction
Jury Selection
Opening Addresses
Evidence- Physical
Evidence- Witnesses
Accused as Witness
Charging the Jury

8. Appeals Appellant- the party requesting the appeal
Respondent- the party responding to the appeal
Summary Offenses Trials
Transcripts reviewed
Statements of facts reviewed
Indictable Offenses Trials
New evidence may be presented
New arguments may be presented
Defense may appeal a conviction on the following grounds:
Question of law
Question of law and fact, or fact
Other reasons appeal court may find worthy. (Why?)
Crown may appeal a “not guilty” verdict on the following grounds:
Length of sentence
Administration- invalid indictments, stay of proceedings

9. Appeals Actions the Court of Appeal may take:
Reviews transcripts, charges to jury, reasons for decision, report from trial judge.
Decide which party will pay the costs of the appeal.
Change the verdict of the original court.
Change the sentence implemented by the original court.
Order a new trial.

10. Appeals