The Criminal Court
System
The Court System
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Depending on the crime committed
decides at what court the trial will be held.
The Provinces have the authority to set up
their own courts so court systems in each
province are different.
There are six basic levels to the court
system.
The Court System
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Canada’s criminal justice system has two
fundamental principles:
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The accused is innocent until proven guilty.
The guilt of the accused must be proven
beyond a reasonable doubt.
This means that if there is any doubt that
the person committed the crime they must
be acquitted.
Canadian Criminal Court Structure
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Canada
(Trial Division)
Superior Court of Province
(Trial Division)
Provincial Courts
Criminal Court, Youth Justice Court,
Family Court, Small Claims Court
Criminal Court Structure
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Provincial Court: the lowest level in the hierarchy of
Canadian courts. About 90% of all criminal cases in
Canada are handled by the provincial courts.
Superior Court of the Province: the highest criminal
and civil court in the province, consisting of a trial
division and an appeal division.
Federal Court of Canada: a court that hears cases
involving the federal government; consists of a trial and
appeal division.
Supreme Court of Canada: the highest appeals court
in Canada; also deals with constitutional questions
referred to it by the federal government.
Preliminary Hearing
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The goal of the Preliminary Hearing is to
determine whether or not the Crown has
the evidence to take the accused to trial.
The Judge will decide if there is enough
evidence to go to court. Each side can
call witnesses and present evidence.
The Judge
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The Judge makes decisions
on the admissibility of
evidence, controls the
events in the courtroom,
and interprets the law
pertaining to the case.
A Justice of the Peace has
less authority than a judge
but can perform a number
of judicial functions such as
issue arrest and search
warrants.
The Defense
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The person charged with the crime is
called the accused (or defendant). They
may represent themselves but it is advised
that they do not.
If a person can not afford a lawyer or
their’s is unavailable they are appointed a
duty counsel. Duty counsel provides
free legal assistance to those who cannot
afford it.
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The defense counsel is the lawyer that
is the full time representative of the
accused.
They try and prove that there is
reasonable doubt in the guilt of the
accused.
The Prosecution
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In Canada the prosecution is also called
the Crown.
It is their job to prove beyond a
reasonable doubt that the accused is
guilty.
They submit evidence collected by police
to help to prove their case.
Other Court Personnel
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Court Clerk: the
court official who
assists the judge
Court Reporter: the
court official who
records everything
said in court during a
trial.
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Court Security
Officer: the court
official who maintains
security in the court
room.
Sheriff: the court
official responsible for
jury management.
Bailiff: the court
official who assists
the sheriff.
Definitions
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Beyond a reasonable Doubt:
Judge
Justice of the Peace
Accused
Duty Counsel
Defense Counsel
Crown Attorney
The Criminal Trial
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During the trial process the prosecution
has the responsibility to try and prove the
accused guilty.
This responsibility is known as the
burden of proof.
The trail begins with the judge explaining
the jury’s role. The jury has to pick a
foreperson who will represent them and
communicate with the judge.
The Criminal Trial
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The Crown or prosecution gets to
present its case and evidence before the
defense because it has the job to prove a
person guilty.
The first examination or questioning of
witnesses is called a direct
examination. During this the Crown will
ask the witness to tell what he or she
observed about the crime.
The Criminal Trial
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It is only after the Crown presents its
opening statement and questions its
witness does the defense respond.
If the defense attorney believes the
prosecution did not make a good enough
argument the defense may move for a
dismissal. If successful a verdict of not
guilty is automatically entered.
The Criminal Trial
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The defense can question any witness the
prosecution called and also call its own
witnesses.
Once the defense is finished the Crown
can rebut contradict any evidence the
defense has brought forward.
Rules of Evidence and Testimony
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Lawyers are not allowed to ask leading
questions in a court of law. An example
of a leading question would be:
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“Wasn’t it Mary you saw stabbing Brody on
the street corner?”
The question would have to be reworded as:
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“What was it you saw Mary do to Brody?”
Rules of Evidence and Testimony
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An attorney may ask a witness only about
what the witness saw not about what they
heard or were told.
Any testimony in which a person states
that is what they heard or was told is
considered hearsay and is not
admissible in court.
Rules of Evidence and Testimony
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The defense or crown may not ask a
witness to give their opinion while on the
stand.
The only exception is when the person is a
certified individual such as a doctor or
trained professional.
The Trial
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The Crown prosecutor opens the trial by
presenting its case.
The Crown conducts direct examination
in which it questions its witnesses.
The defense then gets to question the
witnesses and present its evidence.
The Crown can then cross examine a
witness after they have testified for the
defense.
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Circumstantial evidence:
Indirect evidence that allows
the judge or jury to conclude
from the evidence that the
accused is guilty.
Example
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No one saw Billy assault Ashley
and take her purse, but they
find the purse in a nearby trash
can and it is covered with Billy’s
fingerprints. Also, a witness
testifies that he saw Billy in the
area at the approximate time
that the crime took place.
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Character evidence:
is evidence used to
establish the likelihood
that the defendant is
the type of person who
either would or would
not commit a certain
offence.
Questions
1.
2.
3.
4.
5.
6.
7.
8.
__________ In a trial this side presents first.
__________ This rests with the prosecution.
__________ The juror that is in charge of the rest of
the jury.
__________ The defense can make a motion for this.
__________ The questioning of a witness.
__________ To contradict.
__________ A witness that testifies to a story told to
them.
__________ Lawyers are not allowed to ask these
types of questions.
Arraignments
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If there is no Preliminary Hearing the
accused must show at an arraignment.
Here the Prosecution presents the charge,
and the name of the accused. The
defendant must then enter a plea of
guilty or not guilty.
Jury Trial
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The first step in holding a jury trial is preparing
a list of possible jurors.
Each province has a way of making its own list
from things like voting lists.
The jurors are selected after the accused has
been arraigned. A jury is made of 12 persons.
The prosecution and defense can challenge a
possible juror on the grounds he or she is not
impartial.
Jury Selection
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Jury panel members are called one at a
time to the front of the court at random.
Both the prosecution and defense can
object to a potential jury member for good
reason. This is called challenge for
cause.
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If a jury member is seen as impartial or
suitable, the defense can still object to
that person without good reason. This is
called a peremptory challenge.
When selection is done, the 12 jurors take
the juror’s oath.
Closing Address and Charge to the
Jury
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Once the Crown and the defense present its
evidence they both make closing statements.
They usually take this opportunity to point out
the weaknesses in each others case.
The judge then tells the jury the conditions.
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For example if the defense has raised the defense of
intoxication the judge will state whether or not the
defense is going to be allowed.
Reaching a Verdict
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A jury must decide if the person is to be
acquitted (found innocent) or guilty.
The verdict must be unanimous (everyone
must agree).
If the jurors can not agree, the jury must
be dismissed and a new trial must be
held.
Plea Bargaining
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In many cases a special step takes place
just before or at the arraignment.
In a plea bargain the accused agrees to
plead guilty in exchange for a lesser
charge.
This can save the government money as
there is no trial if the accused pleads
guilty.
Definitions
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Presumption of Innocence
Evidence
Preliminary Hearing
Cross-examination
Arraignment
Plea Bargain
Direct Examination
Questions
1.
2.
3.
4.
5.
6.
7.
8.
__________ In Canada the defendant is presumed…
__________ It is the Crown Prosecutors job to prove
the accused is…
__________ This side is the first to present evidence
at trial.
__________ There are this many levels to the court
system.
__________ This is held to decide if there is enough
evidence to go to trial.
__________ This is held in order for the accused to
enter a plea.
__________ A jury is made up of this many people.
__________ An agreement to a lesser charge.
Questions
1.
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4.
5.
What is the purpose of a preliminary
hearing?
What is a plea bargain?
What is the purpose of an arraignment?
What side presents first at a trial? Why?
What is a verdict
Questions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
__________ In Canada you are presumed…
__________ The Crown must prove the accused guilty
beyond a reasonable…
__________ Used as proof of guilt or innocence;
presented at a trial.
__________ Held to see if there is enough evidence to
go to court.
__________ Held so the accused can enter a plea.
__________ A meeting where the accused can agree
to a lesser charge for pleading guilty.
__________ The decision of the jury.
__________ Represents the government in court.
__________ Presides over the courtroom and keeps
order.
__________ They listen to testimony and see evidence
and decide whether the person is innocent or guilty.
Questions
11.
12.
T/F
T/F
14.
T/F
T/F
15.
T/F
16.
T/F
13.
A jury is made up of 13 people.
If a jury’s decision is not
unanimous there is a new trial
held.
At a trial the defense presents first.
At an arraignment the accused
must plead guilty or not guilty.
There are seven levels to the court
system.
The accused has to prove themselves
innocent.
Questions
17.
T/F
18.
T/F
19.
T/F
If the accused enters a guilty plea
at the arraignment they are sent
to trial.
The defense can move for a
dismissal of the charges.
At the end of the trial the defense
and prosecution make closing
statements.
Questions
20.
21.
22.
23.
24.
Why does the Crown prosecutor get to
present evidence first?
What happens if the accused pleads
guilty at the arraignment?
What is evidence?
What happens if the jury can’t reach a
decision?
Who does the prosecution have to prove
its case to?