Criminal Court Structure

90% of all criminal cases in Canada are handled by the provincial courts

The Provincial Court System The lowest level in the hierarchy of Canadian Courts Judges are appointed by the provincial government to oversee these courts- no juries They will hear summary conviction offences and some indictable offences Offences in this court are generally for people who have broken provincial laws and municipal laws

The Provincial Court System Provincial Court is a person’s first contact with the criminal court system- even for indictable offences- because this court also conducts all preliminary hearings to determine whether there is sufficient evidence to put the accused on trial by a higher court.

Appeal: an application to a higher court to review the decision made by a lower court. Who hears the appeals? An appeal from the provincial Court regarding a summary conviction offence is heard by a single judge of the Superior Court of the province. An appeal regarding an indictable offence is heard by the appeal division of the Superior Court, which has a panel of 3 to 5 judges.

The Canadian Charter of Rights and Freedoms guarantees that any person charged with an offence punishable by imprisonment of five years or more has the right to trial by jury.

Superior Courts of the Province (called a different name in each province) Highest level of the provincial criminal and civil court system (We call it the NS Supreme Court) This court hears all offences in section 469 (most serious offences such as murder) of the criminal code These offences must be tried by a judge and a jury unless special permission is given by the provincial attorney general to a trial by a judge alone.

The Nova Scotia Supreme Court may also try indictable offences in section 554 (breaking and entering, robbery and attempted murder) of the Code in which the accused may choose the mode of trial.

Supreme Court of Canada Highest APPEALS court in Canada; also deals with constitutional questions about our rights in the Charter (recent changes to prostitution laws are an example) NO TRIALS Very busy- must gain permission to appeal in the Supreme Court of Canada. This is called a LEAVE. They sit for three sessions per year (winter, spring and fall) Cases are heard from a panel of 5, 7 or 9 judges depending on the type of appeal

The Supreme Court of Canada

Consists of a chief justice (Beverly MacLaughlin) and 8 judges SCOC judges are appointed by the federal government. They pick up Santa work in their spare time

Trial Procedure

Our Trial System The Canadian system of trials is based on the adversarial system It is based on two opposing sides

The Adversaries: The Crown – representing society Must prove the accused is guilty beyond reasonable doubt (onus, or burden of proof) The defence – representing the accused Must give a vigorous defence of the accused (innocent until proven guilty

Trial System: The People Judges Also known as the “Bench” or the “Court” Control the courtroom during preliminary hearings and trials

Judges… Make important decisions about admission of evidence and questioning witnesses Sometimes decide guilt or innocence Impose sentences Have a major impact on the Canadian legal system and Canadian society

The Crown Prosecutor Works for the federal or provincial government Represents the people and the best interests of society Is responsible for seeing that justice is done. Influences who is charged and with what

The Defence Counsel Represents the accused

The Court Clerk Reads the charge against the accused, swears in witnesses, tags evidence and handles paperwork. The Court Reporter Records (word for word) all testimony and evidence given throughout the trial (the transcript)

The Sheriff Ensures the accused arrives at trial Obtains prospective jurors Carries out court orders (seizures and summons) Keeps a sharp lookout for Robin Hood Bailiff – also helps with courtroom security

Witnesses Give evidence of their knowledge of the events surrounding a crime The prosecution of defence may issue a subpoena requiring a witness to appear Lying under oath is known as perjury. It is punishable by up to 14 years in prison

The Jury Reflects “the conscience of the community” Due to time and cost involved, jury trials are only held for the most serious indictable offences

Required jury trials Murder Treason Piracy Alarming Her Majesty Piracy

What about the other indictable offences? The accused has the right to be tried by judge and jury or by judge alone Depending on the situation, there are advantages to the defence for both types of trial

Advantages of trial by judge and jury The defence needs only to convince one member of the jury in the accused’s favour. Jurors may be more easily influenced than legal professionals Can play to their biases and/or sympathies

Some advantages of judge trials Jury members may not understand legal technicalities Jurors may be biased unfairly against a defendant with a poor public image May be swayed emotionally

Jury Selection Is also known as empanelling Results in a 12-person jury A list of potential jurors is selected Several dozen people are summoned to the court Prospective jurors gather in the courtroom

Juror Selection… –Some jurors are excused for personal reasons, hardship or a personal connection to the case. –The defence and the Crown may interview and accept or reject potential jurors

They may issue a challenge for cause if they believe a jury panellist has already formed an opinion. They may also issue a peremptory challenge for which they don't need an explanation. These are designed to create a fair and objective jury