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?

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

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

Source: Simon Fraser University (Burnaby, BC)

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

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

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

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

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.

Appeals