Criminal Law – Bringing the Accused to Trial

Comic

Another cartoon…

Final Cartoon (for today)

Method of Trial Two courts that hear criminal trials in Ontario Two courts that hear criminal trials in Ontario Ontario Court of Justice Ontario Court of Justice Ontario Superior Court of Justice Ontario Superior Court of Justice

Ontario Court of Justice Judges appointed by the provincial government Judges appointed by the provincial government Court of “inferior” jurisdiction – tries all summary conviction offences & hybrid offences in which the Crown has elected to proceed summarily (not by indictable method) Court of “inferior” jurisdiction – tries all summary conviction offences & hybrid offences in which the Crown has elected to proceed summarily (not by indictable method) Also tries all least serious indictable offences (theft, fraud, possession of stolen property) Also tries all least serious indictable offences (theft, fraud, possession of stolen property) All trials in the Ontario Court of Justice are Conducted before a Judge Alone All trials in the Ontario Court of Justice are Conducted before a Judge Alone

Ontario Superior Court of Justice Judges appointed by the federal government Judges appointed by the federal government Court of “superior” jurisdiction – tries all serious indictable offences (murder, sedition) Court of “superior” jurisdiction – tries all serious indictable offences (murder, sedition) For “inbetween” indictable offences, the accused can elect to proceed either to inferior court or superior court For “inbetween” indictable offences, the accused can elect to proceed either to inferior court or superior court

Preliminary Inquiry Accused persons charged with indictable offences (other than least serious indictable offences) are entitled to a preliminary inquiry held before a judge of the Ontario Court of Justice Accused persons charged with indictable offences (other than least serious indictable offences) are entitled to a preliminary inquiry held before a judge of the Ontario Court of Justice The purpose of this hearing is to ensure that sufficient evidence exists to commit the accused for trial before the Ontario Court of Justice The purpose of this hearing is to ensure that sufficient evidence exists to commit the accused for trial before the Ontario Court of Justice

Pre-Trial Conference A pre-trial conference is a conference attended by the judge, Crown and the accused or accused’s lawyer to promote a fair & expeditious trial A pre-trial conference is a conference attended by the judge, Crown and the accused or accused’s lawyer to promote a fair & expeditious trial Mandatory in all jury trials and may be used in non-jury trials at the request of the judge, the Crown, or the accused Mandatory in all jury trials and may be used in non-jury trials at the request of the judge, the Crown, or the accused

Crown Disclosure R. v. Stinchcombe – SCC – fairness requires that the Crown disclose all relevant information to the accused before trial R. v. Stinchcombe – SCC – fairness requires that the Crown disclose all relevant information to the accused before trial “The fruits of the investigation are not the property of the Crown for use in securing a conviction, but the property of the public to be used to ensure that justice is done” “The fruits of the investigation are not the property of the Crown for use in securing a conviction, but the property of the public to be used to ensure that justice is done” Protects accused’s constitutional right to make full answer and defence in a “fair and public hearing” under s.11(d) of the Charter Protects accused’s constitutional right to make full answer and defence in a “fair and public hearing” under s.11(d) of the Charter

After the Arrest: Pre-Trial Release Pre-Trial Release (usually called bail) Pre-Trial Release (usually called bail) It is a principle of our law that people should not be held in jail before trial unless there is a clear reason for doing so It is a principle of our law that people should not be held in jail before trial unless there is a clear reason for doing so People are allowed to go freely about their business until their trials People are allowed to go freely about their business until their trials

After the Arrest: Pre-Trial Release The police officer in charge of the “lock-up” at the station can also release the accused if certain offences are involved. The police officer in charge of the “lock-up” at the station can also release the accused if certain offences are involved. If released, the accused will sign a “promise to appear” (later in court), or enter what is called a “recognizance” which is an agreement (signed at the police station prior to release) that the accused will pay a certain amount of money if they fail to appear in court If released, the accused will sign a “promise to appear” (later in court), or enter what is called a “recognizance” which is an agreement (signed at the police station prior to release) that the accused will pay a certain amount of money if they fail to appear in court

Hearing Before a Justice of the Peace If an accused is not release by the police, they must be brought before a justice of the peace within 24 hours, or as soon as possible If an accused is not release by the police, they must be brought before a justice of the peace within 24 hours, or as soon as possible Show cause: it is up to the Crown to show cause why the accused should not be released: Show cause: it is up to the Crown to show cause why the accused should not be released:

Show Cause – Reasons Not to Release 1. Accused will not show up for trial 1. Accused will not show up for trial 2. Detention is necessary for the protection or safety of the public 2. Detention is necessary for the protection or safety of the public 3. Accused will commit further crimes if released 3. Accused will commit further crimes if released 4. Public interest: it is in the public interest to detain the accused (ex. Public outcry – believe that justice is being done) 4. Public interest: it is in the public interest to detain the accused (ex. Public outcry – believe that justice is being done) 5. Safety of the accused (rare) 5. Safety of the accused (rare)

Terms of Release 1. Conditions: ex. An accused may be told not to associate with certain people, to remain in a certain area, or to deposit a passport 1. Conditions: ex. An accused may be told not to associate with certain people, to remain in a certain area, or to deposit a passport 2. The recognizance can also be issued with a sureties. A surety is a person who will also sign the recognizance and be responsible for paying the money agreed to if the accused fails to show up for trial 2. The recognizance can also be issued with a sureties. A surety is a person who will also sign the recognizance and be responsible for paying the money agreed to if the accused fails to show up for trial 3. A money deposit along with the recognizance 3. A money deposit along with the recognizance

Summons A summons is a document designed to ensure an accused’s attendance in court; issued by a justice of the piece or a judge after the arrest is made A summons is a document designed to ensure an accused’s attendance in court; issued by a justice of the piece or a judge after the arrest is made

Judicial Interim Release Release of an accused pending trial or appeal Release of an accused pending trial or appeal

R. v. Hall Read R. v. Hall on pages 282 & 283 and discuss Read R. v. Hall on pages 282 & 283 and discuss