Trial Procedures Lesson 54 CLU 3MR

Trial Procedures Adversarial System Canada’s judicial system is adversarial; two opposing sides  The Crown represents society  The defence represents the accused   Provincial Courts If tried in this court for summary conviction or indictable offence, it is by judge alone (judge acts as judge and jury)

Courtroom Organization Draw “A Typical Canadian Courtroom” on page 181, in your notes

The Judge “the Bench” or “the Court” appointed by the federal gov’t (or provincial gov’t if provincial court) Supreme Court judges are called “Justices” Judges have full control of the courtroom in preliminary hearings and trials Can determine who is in the courtroom (media, public, accused) They great influence the outcome of the trial

In non-jury trials they determine question of guilt and set the sentence Justice of the Peace less power than a judge Used in Traffic Court, can sign warrants, issue documents, often presides over the court of first appearance

The Crown Prosecutor Hired by the gov’t to represent society Must prove, beyond a reasonable doubt, that the accused committed the offence Presents all evidence, even if it weakens the case Consult with police to determine whether to lay charges Withdraw charges that have been laid

The Defence Counsel Represents the accused Ensures the accused’s rights are protected They can direct the case through the courts Advise clients on the law Must represent the client to the best of their ability Even when the case is unpleasant or challenging

The Court Clerk and Court Reporter Court Clerk reads the charges against the accused Does most of the paperwork Court Reporter records, word for word, all that is said in the court Very exacting job! Transcripts can be used later

The Sheriff Does a lot of the preparation for trial Ensures that the accused will show up Serves summons and carries out court orders

Others Probation Officers may conduct interviews with convicted offenders John Howard Society, Elizabeth Fry Society, Salvation Army may assist defendents Victim support groups are now more easily available

Motions at the Beginning of a Trial Both sides may present motions to the judge relating to any procedure that could take place Stay of proceedings can stop the trial until further action is taken Task: R. v. Askov page 186 Answer the 5 questions * When finished, review questions on the top of page 187

Juries

Juries Jury trials satisfy the public Lets the public see conflicts resolved by peers Reflects the conscience of the public Juries are expensive so are reserved for more serious indictable offences

Advantages Trial by Jury Trial by Judge

Jury Selection “Empanelling” –the process of selecting 12 jurors can take days 75-100 names chosen by the Sheriff

To Be on a Jury: Canadian citizen At least 18 Have lived in the province for at least a year Speak either English or French Mentally fit

People Usually Exempted MPs, senators, and other gov’t members Judges, JPs, lawyers, law students Doctors, coroners, vets Police officers Visually impaired Those who are mentally or some physically disabled Convicted of a crime

Make notes: The Challenges (pages 190-194) Challenge of Jury List ‘challenge for cause’ (3 grounds) ‘peremptory challenge’ Jury Duty Sequester under what circumstances? verdict