Law 12
Criminal Law
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Canadian Court System http://canada.justice.gc.ca/en/dept/pub/trib/page2.html
The basic role of courts in Canada is to help people resolve disputes fairly and with
justice, whether the matter is between individuals or between individuals and the state. In
the process, courts interpret and establish law, set standards, and raise questions that
affect all aspects of Canadian society.
It is worth noting that most disputes do not in fact end up in the courts at all. People tend
to settle their differences informally – through alternative dispute resolution, for instance,
or before boards and tribunals – though often with the idea of "going to court" in the
background. Even when things never get to court, the courts influence people's choices
and actions. Court decisions provide guidance on what is acceptable conduct and on the
nature and limits of the law.
Canada's system of courts is complex – like the society it serves. There are several levels
and types of court, and questions of jurisdiction can be difficult to sort out, especially since
courts that share the same functions may go by different names. Both the federal
government and the provincial and territorial governments pass laws, and they also share
the administration of justice, but the relationship is not simple. For instance, the provinces
and territories are responsible for providing everything necessary for their courts, from
building and maintaining the courthouses, to providing staff and resources such as
interpreters, court reporters to prepare transcripts, sheriffs, and registry services, to
paying provincial court judges; yet the judges for the superior courts are appointed and
paid by the federal government. Administration of the Supreme Court of Canada and
federally created courts is the responsibility of the federal government.
HOW THE COURTS ARE ORGANIZED
There are basically four levels of court in Canada. First there are
provincial courts, which handle the great majority of cases that come
into the system. Second are the provincial and territorial superior
courts. These courts deal with more serious crimes and also take
appeals from provincial court judgments. On the same level, but
responsible for different issues, is the Federal Court, Trial Division. At
the next level are the provincial courts of appeal and the Federal
Court of Appeal, while the highest level is occupied by the Supreme
Court of Canada. (See Figure 1.)
Description
Outline of Canada's Court System
Canada's Court System is comprised of several courts with varying jurisdictions. The
highest court is the Supreme Court of Canada. There are three Appeal Courts with
powers to refer matters to the highest court. They are the Court Martial Appeal Court, the
Provincial Court of Appeal and the Federal Court of Appeal. The Court Martial Appeal
Court hears appeals deriving from Military Courts. The Provincial Court of Appeal receives
appeals registered under the provincial and territorial Superior Courts; they in turn receive
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their referrals from provincial courts, as well as Provincial Administrative Tribunals. The
Federal Court of Appeal receives appeals from either the Trial Division of the Federal
Court or the Tax Court of Canada. Finally, the Federal Court (Trial Division) receives
referrals from the Federal Administrative Tribunals.
Courts of Saskatchewan
Provincial Court of Saskatchewan (criminal, youth, traffic, family, small claims)
Court of Queen’s Bench
Saskatchewan Court of Appeal
Supreme Court of Canada
PROVINCIAL COURTS http://www.sasklawcourts.ca/default.asp?pg=provincial_court
Each province and territory has a provincial court, and these courts hear cases involving
either federal or provincial laws. The names and divisions of these courts may vary from
place to place, but their role is the same. Provincial courts deal with most criminal
offences, family law matters (except divorce), young offenders (from 12 to 17 years old),
traffic violations, provincial regulatory offences, and claims involving money, up to a
certain amount (set by the province in question). Private disputes involving limited sums of
money may also be dealt with at this level in Small Claims courts. In addition, all
preliminary inquiries – hearings to determine whether there is enough evidence to justify a
full trial in serious criminal cases – take place before the provincial courts.
Provincial Court deals with a variety of legal matters. They are generally grouped as
follows:
Adult Criminal Court
Small Claims Court
Includes charges under the
Deals with legal disputes of $5,000 or less.
Criminal Code of Canada, and The Often includes claims for debts or damages,
Controlled Drug and Substances
recovery of personal property and consumer
Act. Deals with first appearances
complaints.
on all criminal matters.
Traffic Safety Court
Family Services Court
In Regina and Saskatoon, deals with traffic
Deals with child protection
offences, including speeding and other
hearings initiated by the
moving (and non-moving) violations. Also
Department of Social Services. In
deals with offences under provincial statutes,
Regina, Saskatoon and Prince
including liquor and wildlife violations. Traffic
Albert child protection matters are
Safety Court does not handle parking tickets.
handled by the Court of Queen's
In other court locations, traffic matters are
Bench.
combined with regular court matters.
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Municipal (By-law) Court
In Regina and Saskatoon, deals
with violations under city bylaws,
including parking tickets, noise
infractions and domestic animal
violations. In other court locations,
bylaw matters are combined with
regular court matters.
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Youth Justice
Deals with young people between the ages
of 12 to 18 years who are charged with
committing a criminal offence under the
Youth Criminal Justice Act.
The Court of Queen's Bench http://www.sasklawcourts.ca/default.asp?pg=qb_about
The Court of Queen's Bench consists of the Chief Justice and 31 other full time judges. In
addition, there are a number of judges who have elected to become supernumerary (parttime) judges, after reaching a certain age combined with years of service. Queen's Bench
judges are appointed by the Federal Government.
8 of the 12 judicial centres in Saskatchewan have one or more resident Queen's Bench
Justices. A resident judge spends the majority of his or her time in their home judicial
center. Because the Court of Queen's Bench is an itinerant court, the judges must travel
the province, and sit in other judicial centres the remainder of the time. This allows the
Court to effectively use court facilities and to ensure that no Judicial Centre experiences a
backlogged caseload.
The Family Law Division of the Court of Queen's Bench operates in the Judicial Centres
of Saskatoon, Regina, and Prince Albert. The Family Law Division hears all family law
matters relating to divorce, custody and access, property division, and maintenance
enforcement. The Justices assigned to the Family Law Division spend the majority of their
time hearing matters within that Division, but they also hear other matters that come
before the Court of Queen's Bench. Similarly, the other Justices of the Court, on occasion,
hear Family Law Division matters.
Court of Appeal
http://www.sasklawcourts.ca/default.asp?pg=court_of_appeal
APPEALING A DECISION
As a general rule, the law permits any person who is dissatisfied with a decision of
the Provincial Court of Saskatchewan or the Court of Queen's Bench of Saskatchewan to
appeal that decision. In certain types of criminal cases, a Provincial Court decision can be
appealed directly to the Court of Appeal. In other types of criminal cases, and with respect
to Small Claims matters, Provincial Court decisions are appealed first to the Court of
Queen's Bench, and then the dissatisfied party may, with certain restrictions, appeal a
second time to the Court of Appeal. Court of Queen's Bench decisions, in most matters,
are appealable to the Court of Appeal.
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There are time limits for appealing a decision. In criminal matters and in civil matters,
where there has been a trial, the time period is 30 days. The Court of Appeal has the
power to extend the time period for appealing a decision but can also refuse to grant an
extension.
While it is preferable for a person wanting to appeal to be represented by a lawyer, a
person may represent himself or herself before the Court of Appeal. If a person decides
not to retain a lawyer, the first step should be to contact the office of the Registrar of the
Court of Appeal at (306) 787-5382 or at mherauf@sasklawcourts.ca. The Registrar's
Office takes the unrepresented litigant through the process of appealing to the Court of
Appeal. The procedural guidance provided by the Registrar's office is not a substitute for
legal advice.
Before a person decides to appeal, he or she should know certain matters. There
must be a legal reason to appeal. The Court of Appeal generally does not hear witnesses.
An appeal is not another trial. The Court of Appeal reviews what has occurred in the trial
court and looks for any errors that have been committed, but not all errors affect the
outcome of a trial. The Court of Appeal usually orders the unsuccessful party to pay costs
to the other side. The usual order of court costs is between $1500 and $2000 plus
disbursements. There are also other types of costs for which a party may be personally
responsible. For example, a person seeking to appeal a trial decision, where witnesses
have been heard, must be prepared to pay the cost of transcribing the evidence. This cost
may be recoverable from the other side but only if the party appealing is successful.
In criminal matters, the person seeking to appeal must file a Notice of Appeal which
is readily available in the custodial institutions. There is no fee for filing a Notice of Appeal
in criminal matters.
In civil matters, a Notice of Appeal must be filed. A fee of $100.00 must be paid to
file a civil Notice of Appeal. In some cases, leave (permission from an appeal court judge)
must be obtained before the Notice of Appeal in civil matters is filed. To obtain leave to
appeal, a Notice of Motion must be filed. The fee for filing such a Notice of Motion is
$10.00.
Notices of appeal and notices of motion are forms which must be completed to
initiate an appeal or a process in the Court of Appeal. The Registrar's Office will explain
these matters more fully.
The Court of Appeal hears criminal and civil appeals in Regina at the Victoria Court
House every month and civil appeals in Saskatoon at the Spadina Court House four times
a year.
Welcome to the Virtual Courtroom.
http://www.sasklawcourts.ca/default.asp?pg=education_vr
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The Judge
•Determines if a case is proven. In criminal law, a case must be proven beyond a
reasonable doubt. In civil law, a case must be proven on the balance of probabilities
•Ensures that the trial is fair, correct legal rules followed and relevant evidence admitted
•Ensures a secure environment for all who come to court including the parties, the
witnesses, and the accused
The Lawyers
In Criminal Cases
•Defence Counsel– represents the accused
•Crown Counsel – represents the public’s interests and concerns. Has a duty to present
full and fair evidence against the accused person
General
•All lawyers advocate for their clients’ side of the issue, lead evidence on their clients’
behalf, scrutinize and cross-examine evidence, and argue their clients’ side of the case
before the trier of fact (the Judge or Jury).
The Clerk
• Ensures proceedings are recorded
• Swears in witnesses and handles trial exhibits
• Is responsible for the court file and paperwork
The Jury
• Selected at random from a pool of eligible people
• Eligible people are Canadian citizens over the age of 18 who reside in the province
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• The Jury Act sets out rules governing juries
• Hears evidence and make determinations of guilt in criminal matters and findings of
responsibility in civil matters
• Listens to the trial judge who explains what legal duties they have
The Witness
• Takes an Oath or makes a Solemn Affirmation
• Provides evidence in Court
• Subject to cross-examination
The Accused
(in criminal
matters)
• The Crown must prove that the accused is guilty beyond a reasonable doubt
• Has the right to be in court to hear all evidence in his/her case
• Is not obligated to testify in his or her own defense
• Has the right to represent him/her self in court if they have no lawyer
The Parties
(in civil matters)
• Actions are commenced by Plaintiff’s counsel
• Defendant is the other party in a civil action
The Parties
(in civil matters)
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Criminal Law
• Actions are commenced by Plaintiff’s counsel
• Defendant is the other party in a civil action
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