1. Trial Procedures
Courtroom Participants, Juries and Jury Selection, Presenting Evidence and Reaching the Verdict

2. Courtroom Participants
Adversarial System: two opposing sides- The Crown and the Defense- Burden is on the Crown
All courtroom procedures are adapted from English Law
Please see page 181

3. Participants
Judges- The Bench- Provincial and Territorial Judges, Federal Judges and Supreme Court Justices
Impartial, deciding admissibility of evidence, rule on the credibility of witnesses, decide in some cases guilt or innocence, and in many cases set the sentences
Justices of the Peace- less power than a judge, deal with bail hearings, first plea trials and issue documents for police

4. Participants The Crown Attorney- responsible to see justice is done
Burden of proof
Must disclose all evidence (Disclosure)- allows the accused the opportunity to prepare for a fair trial
Consult with police about which charges to lay on criminals (or withdraw charges)

5. Participants
Defence Counsel- represents the accused to ensure legal rights
Trained in procedural and substantive law
Advise clients on the trial system, and how best for accused people to proceed
Must defend, regardless of the details of the case or what the public thinks

6. Participants
Court Clerk reads the charge, swears in witnesses and handles evidence
Court Reporter- sits near the witness box and records word for word all evidence given at trial
Use shorthand or specialized systems- this is an extremely exacting job as it could lead to appeals

7. Participants
Sheriff- carry out court administration and trial preparation
Makes sure the accused appears in court, finds prospective jurors in some cases and assists the judge
Also charged with seizing and selling property to settle claims for damages

8. Beginning Motions- Trial Begins
Crown and defence may present motions to the judge
Stay of proceedings- can stop the trial (not commencing within a reasonable time)
Motion for the admissibility of evidence
Argued in the absence of the jury

9. Juries and Jury Selection
A Jury lets the public see conflicts resolved by peers, rather than by a judge alone- reflects the conscience of the community
Serious crimes must have a jury- less serious can be chosen by the accused (judge or judge and jury)
Summary convictions are always heard by the Judge

10. Jury Selection Empanelling- the selection of 12 jurors
1st- list of jurors is created from an electoral (voting) list of all people living in the area where the court is located
Sheriff then randomly selects names from the list- this is the Jury panel
The Jury Panel is summoned to the court house by letter

11. Jury Selection
Prospective Jurors must have the following qualifications:
Canadian Citizen
18 years of age
Must have resided in the province or territory for at least one year
They must speak English or French
“mentally fit”

12. Jury Selection
Ordinary citizens with no particular knowledge of the law
Social Worker- exempt
Judges, Lawyers- exempt
Police officers- exempt
Medical doctor- exempt
See page 188
You will also be excused if you have a personal interest in the case, experience personal hardship (this would require some kind of explanation)