9.1 – THE CRIMINAL
COURT SYSTEM
LAW 12 – Mr. Kletke
Deep Thoughts…
The 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)
The Provincial Courts
Criminal Court
Youth Justice
Court
Family
Court
Small Claims
Court
The Criminal Court Structure
(continued)
The Provincial Court System
¤ …is
the lowest level in the hierarchy of Canadian
courts
¤ …includes
the following types of court:
Criminal Court
hears minor criminal offences
hears preliminary hearing for more serious cases
trial by judge alone – no jury option
Youth Justice Court
Family Court
Small Claims Court
The Criminal Court Structure
(continued)
Superior Court of the Provinces
¤ …is
the highest criminal and civil court, consisting
of a trial division and an appeal division
¤ In
B.C., - called the Supreme Court of British
Columbia
hears more serious cases – ones that go beyond
scope of Provincial Court
trial by judge or judge/jury
The Criminal Court Structure
(continued)
The Federal Court System
¤ Federal
Court of Canada
…is a court with jurisdiction to hear civil and criminal
cases referred by federal boards, commissions, or
tribunals, and to rule on constitutional issues referred
by the Attorney General
¤ Supreme
Court of Canada
…is the highest appeals court in Canada – also deals
with constitutional questions referred to it by the
federal government
The Participants
The Participants (continued)
The Judge
¤ …is
the court official appointed to try cases in a court
of law and to sentence convicted persons
Justice of the Peace
…is the court official who has less authority than a judge
but who can issue warrants and perform some other judicial
functions
The Defence
¤ Defence
Counsel
…is a lawyer who defends an accused person on trial
The Participants (continued)
The Prosecution
¤ Crown
Counsel (Prosecutor)
…is lawyer representing the government, responsible
for instituting legal proceedings against the accused
Other Court Personnel
¤ Court
Clerk
…is the court official who assists the judge
¤ Court
Reporter
…is the court official who records everything said in
court during a trial
The Participants (continued)
¤ Bailiff
…is the court official who acts as court security officer
¤ Witnesses
… are persons who give evidence under oath or
affirmation in a court of law
¤ Jury
… in a criminal trial, is a group of 12 people who
decide whether the accused is guilty or not guilty