Chapter 7 - The Criminal Court System
Summary
Criminal courts are complex administrative organizations that oversee the process of
prosecuting criminal offences and ensuring that trials are conducted in accordance with
the principals of fairness.
The Criminal Court Structure
The provincial court system consists of the provincial courts and the superior courts of
the province. What court ________________________ is at the bottom of the hierarchy
of Canadian courts. Provincial Court judges in the criminal division have the jurisdiction
to hear summary conviction offences, such as public nudity, which are relatively minor
crimes. They also hear indictable offences, which carry heavier penalties as well as
violations of provincial statutes or municipal bylaws. In addition, the Provincial Court,
Criminal Division, conducts all, (type of hearing) ______________________ to
determine whether there is sufficient evidence to put the accused on trial by a higher
court. An _____________ from the Provincial Court is heard by which court
_______________________________________ which is the highest level of the
provincial court system. This court conducts trials for serious crimes such as murder.
The federal court system consists of the Federal Court of Canada, which has a trial
division and an appeal division, and the Supreme Court of Canada-the country’s
highest (what court?) _____________________. The Supreme Court
grants _____________, or permission to appeal only for matters of national significance
or when decisions conflict in the provincial appeals court. Other specialized courts
include the Tax Court of Canada, the Court Martial Appeal Court, and the Nisga’a Court
in British Columbia.
The Participants
Canada’s criminal justice system has two fundamental principles: an accused person is
innocent until proven guilty, and guilt must be proven beyond what?
_________________________________. Who makes decisions on the admissibility of
evidence, controls the events in the courtroom, and interprets the law pertaining to the
case _______________. The judge instructs the jury on points of law and sentences the
convicted person. In a non-jury trial, the judge decides on the guilt or innocence of the
accused and passes sentence.
The person charged with a crime is called the _________________ (or defendant) and
what _______________________ counsel is the lawyer who represents the defendant’s
interests. If the accused pleads not guilty, the defence counsel will try to show that there
exists a reasonable doubt of the defendant’s guilt. If the accused pleads guilty or is
found guilty after trial, the defence counsel will recommend an appropriate sentence to
the judge.
What type of attorney ________________________ (or prosecutor) is the lawyer
presenting the government’s interests in investigating and punishing criminal offences.
The prosecutor prepares the case by researching the law, assembling evidence for trial,
such as fingerprints or articles of clothing, reviewing the exhibits, and taking statements
from the arresting officer and other witnesses. The information that tends to prove or
disprove the elements of the case _____________________. Other court personnel are
what type of clerk ______________________ who keeps a record of the trial exhibits,
administers oaths, and announces the beginning or end of the court session. The
_____________________ (who) records everything said during the trial to produce
a (what document) ____________________, the court security officer, the
________________ who is responsible for jury management, and the
_________________ who assists the sheriff.
Who gives evidence, under oath, concerning their knowledge of the circumstances
surrounding a crime _______________________. Witnesses may be issued a court
order called a _______________________, which compels them to appear in court.
Witnesses who give false statements, is said to commit ________________, can
receive a sentence of up to 14 years.
The Role of the Jury
For a criminal trial, a (group of individuals) _______________ is a group of 12 people
who listen to the trial, examine the evidence, and follow the judge’s instructions about
the law. Usually, to be eligible for jury duty, an individual must a Canadian citizen 18
years of age or older and a resident of the province for at least a year. The Crown and
the defence attorneys select jurors from a jury panel of potential jurors. The members of
the jury take the juror’s oath, choose a foreperson from among themselves and then the
trial begins. At the end of the trial, jurors withdraw to the jury room to deliberate in
secret, consider all the evidence, and decide together whether the accused is guilty or
not guilty. Their verdict must be unanimous otherwise it is referred to as what type of
jury ______________________ and a new jury is selected and the case is tried again.
The Criminal Trial Process
To prove the guilt of the accused rests with the Crown called the
___________________________. The trial begins with the Crown’s opening statement,
which identifies the offence committed, summarizes the evidence against the accused,
and outlines how the Crown will present its case. Most of the evidence in a criminal trial
is presented through witnesses. The Crown conducts a what type of examination
___________________________ during which a witness tells what he or she observed
about the crime. The defence counsel can then conduct what type of examination
___________________________ to test the accuracy of the witness’s testimony.
After the Crown’s witnesses have been called, the defence may bring what type of
motion __________________________ if the defence believes that the Crown has
failed to prove guilt beyond a reasonable doubt. The judge may then withdraw the case
from the jury and enter a _____________________ of not guilty. If the judge does not
dismiss the trial, the defence goes on to summarize its case in an opening statement
and call witnesses to refute the Crown’s case. Defence witnesses are then crossexamined by the Crown.
During the trial, either the Crown or the defence may object to questions addressed to
the witnesses by the other party. Objections are usually based on leading questions that
suggest a particular answer to the witness, questions that require what type of evidence
_____________________ - comments that the witness heard from a third party,
questions asking the opinion of the witness, or immaterial or irrelevant questions. All
evidence presented at the trial must be “material” or relevant to the case. The
testimony, such as an eyewitness account, given by a witness is called
________________________. If there is no one to provide eyewitness testimony, the
offence may be proven by what type of evidence ________________________. What
type of evidence establishes the likelihood that the defendant is the type of person who
either would or would not commit a certain offence ________________________.
Three types of evidence sources may be introduced ___________________________,
such ____________________________ or ___________________________.
After all the testimony has been given, each counsel presents a summary of the case in
the form of closing arguments. Then the judge gives __________________________ an explanation of the law and instructions on how the law applies to the case. Once the
verdict has been reached, it is read in open court. Either the Crown or the defence can
appeal the sentence given a defendant who is found guilty.