THE CRIMINAL COURT
Chapter 7
Background
English Law practice dates back to William the
Conqueror, 1066.
 “Court” refers to an enclosed place.
 Constitution Act 1867 divided the responsibilities
of Canada’s criminal courts to provincial and
federal governments.
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Government
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Federal Parliament is responsible for formulating
criminal law and procedure.
It has created three areas of Law:
1. Supreme Court of Canada
2. Federal Courts of Canada
3. Tax Court of Canada
Provincial governments organize and maintain the
criminal court system. They also appoint their judges.
Federal government appoints federal court judges as
well as superior court and appeal court judges.
Provincial Courts
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Two sections:
1. Provincial Courts- Trials only.
-trial by judge only
2. Superior Courts of the province
a. Trials
b. Appeals
The Courts
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Provincial court: The lowest level in the hierarchy
of Canadian courts.
Superior Court of the province: the highest criminal
court, consisting of a trial division and appeal
division.
Court of appeal: A court with the authority to
review decisions made by lower courts.
Court continue…
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Federal Court of Canada: a court that hears cases
involving the federal government. Has 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.
Important definitions
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Preliminary hearings: a judicial inquiry to determine
whether there is sufficient evidence to put the accuse on
trial.
Appeal: An application to a higher court to review the
decision made by a lower court.
Leave: Permission to appeal a case from a lower court
to a higher court.
Beyond reasonable doubt: a standard of proof
whereby a defendant’s guilt must be proven to the
extent that a reasonable person would have no choice
but to conclude that the defendant did indeed commit
the crime.
The Participants
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Judge: The court official appointed to try cases in a
court of law and to sentence convicted persons.
Justice of the peace: a court official who has less
authority than a judge but can issue warrants and
perform other judicial functions.
Accused (defendant) in criminal court, the person
charged with committing the offence.
More Participants
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Accused: (defendant) in criminal court, this is the person
charged with the criminal offence.
Duty Counsel: The lawyer on duty in the courtroom or
police station to give free legal advice to persons who
are arrested or brought before the court.
Defense counsel: the lawyer who defends the accused.
Crown Attorney (prosecutor) The lawyer that represents
the government, responsible for instituting legal
proceedings against the accused.
Even More Participants
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Court Clerk: The court official who assists the judge.
Court reporter: The court official who records
everything said during a trial.
Court security officer: The court official who maintains
the security of the room.
Sheriff: The court official responsible for jury
management.
Bailiff: The court official who assists the sheriff.
Witnesses: Persons who give evidence while under oath
in a court of law.
The final list of Participants
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Jury: in a criminal trial, a group of 12 people who
decide whether the accused is guilty or not.
Jury Panel: A large group of randomly selected
citizens from which jury members are chosen.
Preliminary Hearing
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Promise to appear: A signed agreement that an
accused person will appear in court at the time of
the trial.
Recognizance: a guarantee that the accused will
appear in court when required, under the penalty
of a fine up to $500.
Surety: a person who agrees to make payment if
the accused does not appear at trial.
Bail: the temporary release of an accused who
posts money or some sort of other security.
First things first.
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Show-case Hearing: a judicial hearing in which the
crown or the accused has to convince the judge
either top detain or release the accuse before the
trial.
Reverse onus: the burden of proof shifts to
defense.
Property bond: This is when money is not available
to post a bail and property or other assets are
posted instead.
Choosing a Jury activity.
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Challenge for a cause: the right of the crown or
defense to exclude someone from jury for a
particular reason.
Peremptory Challenge: The right of the crown or
defense to exclude someone from a jury without
providing a reason.
Language of the Court
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Evidence: information that tends to prove or
disprove the elements of an offence.
Transcript: a typed record of everything said in a
court trial.
Subpoena: a court order requiring a witness to
appear in court on a certain date to give evidence.
Perjury: knowingly makes false statements in court
while giving evidence under oath or affirmation.
Arraignment: The first stage of the criminal trial in
which the court clerk reads the charge and the
defendant enters a plea.
The Language of Law
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Burden of proof: The Crown’s obligation to prove the
guilt of the accused beyond a reasonable doubt.
Direct examination: The first question of a witness to
determine what he or she observed about the crime.
Cross-examination: The second questioning of a
witness to test the accuracy of the testimony;
performed by the opposing attorney.
Motion for dismissal: A request by defense counsel
that the judge dismiss the charges against the
defendant.
The language of law continued:
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Rebut: to contradict evidence introduced by the
opposing side.
Surrebuttal: a reply to the opposing side rebuttal.
Hearsay Evidence: Evidence given by a witness based
on information received from someone else rather than
personal knowledge.
Opinion statements: When a witness gives information
on their own opinion. Defense and prosecution cannot
ask for the witness to give their opinion unless they are
an expert in a particular field related to the crime.
Immaterial or irrelevant questions: The questions must
be relative to the case in question.
The language of law continued
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Non responsive answer: when the witness gives and
answer that does not address the question.
Direct evidence: testimony given by a witness to prove
an alleged fact.
Circumstantial Evidence: indirect evidence that leads
to a reasonable inference of the defendant’s guilt.
Character Evidence: evidence used to establish the
likelihood that the defendant is the type of person who
either would or would not commit a certain offence.
Suerveillance
Electronic surveillance: the use of any electronic
device to overhear or record communications
between two or more people.
 Wiretapping: the interception of telephone
communications
 Bugging: recording a speaker’s oral communication
by using an electronic device.
NOTE: all of these must be authorized by a judge
before hand in order to be admissible in court.
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Other methods
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Polygraph: “lie detector” is a machine that allows
examiners to determine physical signs that indicate
deception.
Voir Dire is a mini-trial in which the jurors are
excluded while the admissibility of evidence is
discussed.
Charge to the jury: the judge’s explanation to the
jurors of how the law applies to the case before
them.
The end result
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Hung jury: a jury that cannot reach a unanimous
verdict and is consequently dismissed from the case.
Appellant: The party that files for an appeal.
Respondent: the Party that responds to the appeal.
Mistrial: A trial that becomes invalid because of
basic prejudicial error in procedure.
Sentencing: a conclusion given on request or
reached after deliberation.