The Criminal Court Structure

Provincial Court Bottom of the hierarchy of Canadian courts Judges appointed by provincial gov’t Cases tried by judge alone – no jury Hears summary conviction offences and some indictable

Types: Summary offences: less serious crimes with lighter penalties e.g. public nudity, causing a disturbance Indictable offences: more serious crimes with higher penalties e.g. theft

Preliminary Hearings Determine whether there is sufficient evidence to put the accused on trial Protects accused from unnecessary trials Protects society from unnecessary expenses

Appeal An application to a higher court to review the decision made by a lower court Appeals are heard in the Superior Court of the province Appeal of Summary Conviction – one judge Appeal of Indictable Conviction – panel of three to five judges

Superior Courts Highest level of provincial courts Supreme Court of Nova Scotia Trial division and appeal division Jurisdiction in criminal and civil matters Trial by judge and judge/jury

Federal Court of Canada Trial and appeal division Trials for civil claims involving the federal government ie. Immigration matters Intellectual Property Federal Employment Disputes Enforceable throughout the provinces.

Supreme Court of Canada Highest court in Canada Only hears appeals (but they must grant permission) from provincial and federal courts Matters of concern for all Canadians Also hears constitutional questions from federal government 9 judges (from all regions of Canada, 3 must be from Quebec)

Other Courts Separate courts that deal with just federal matters e.g. tax court, military law, immigration Aboriginal courts act similarly to provincial superior courts - cannot make decisions that conflict with federal criminal law Aboriginal sentencing circles – purpose is restorative justice

Figure 7.10 Trial by Jury, p. 183