1. The Criminal Court Structure

3. 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

4. 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

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

6. 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

7. 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

9. 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.

10. 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)

11. 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

12. Figure 7.10 Trial by Jury, p. 183