Trial Procedures &
Courtroom Personnel
UNIT 3 - CRIMINAL LAW
Trial Procedures & Courtroom Personnel
• Have you ever watched criminal trials on T.V. or in movies and seen the
prosecutors and defence lawyers argue their cases in court?
• What people are involved in the courtroom process?
• Were there many witnesses, or only the accused?
• Did the trial involve a jury or a judge sitting alone?
• Today – we will learn more about trial procedures in criminal courts in Canada &
the people involved in the criminal trial process and what is expected of each of
them
**Copy in your notes
Trial Procedures & Courtroom Personnel
• In Canada, we have an adversarial system - meaning that the two sides
(Crown and Defence) “fight” each other in order to win.
Courtroom Participants
**Copy in your notes
Trial Procedures & Courtroom Personnel
Judge (frequently referred to as “The Bench” or “The Court”)
• Maintains order in the courtroom
• Acts as the referee to ensure that the “fight” is fair – must rule
on matters such as the admissibility of evidence, motions made
by the lawyers (usually in writing), and lawyer objections to
questions
• In a trial with no jury, decides the verdict (guilty or not guilty)
• Sentences the accused person if s/he is found guilty
What are the main duties of a Superior Court Judge?
1.
2.
3.
4.
5.
Supervising the ‘Jury Selection/deciding who gets ‘excused’
Managing the Trial process – ruling on legal issues
Charging the Jury on the law before they deliberate
Deciding guilt/innocence in a ‘judge alone’ Trial
Sentencing of a guilty ‘Accused’
Note – approx. 85-90% of Criminal matters are heard at the
lower Ontario Courts (i.e. Old City Hall) and only the remaining
more serious cases are heard in the higher Superior Court., which
is also the only Court that has ‘Jury’ Trials
**Copy in your notes
Trial Procedures & Courtroom Personnel
Crown Attorney
• The lawyer acting on behalf of the government (society)
• The burden of proof is on the Crown to prove that the accused person is
guilty beyond a reasonable doubt
Defence Counsel
• The lawyer acting on behalf of the accused person
• Attempts to establish doubt in the Crown’s case so that the accused
person is found not guilty
**Copy in your notes
Trial Procedures & Courtroom Personnel
Witnesses
• Both sides (Crown and Defence) use witnesses to
present their case
• All evidence must be submitted through witnesses
• Witness testify about what they saw, heard, smelt,
tasted, and touched
• In most cases, witnesses are not allowed to give
their opinion on a matter unless they are an expert
in that area (expert witness)
Plead the Fifth- American Term
• In Canada, similar rights exist pursuant to the Charter of Rights and Freedoms. Section 11 of the
Charter provides that one cannot be compelled to be a witness in a proceeding against
oneself. Section 11(c) states:
11. Any person charged with an offense has the right … c) not to be compelled to be a witness
in proceedings against that person in respect of the offence…An important distinction in
Canadian law is that this does not apply to a person who is not charged in the case in question.
A person issued subpoena, who is not charged in respect of the offence being considered, must
give testimony. However, this testimony cannot later be used against the person in another
case. Section 13 of the Charter states:
13. A witness who testifies in any proceedings has the right not to have any incriminating
evidence so given used to incriminate that witness in any other proceedings, except in a
prosecution for perjury or for the giving of contradictory evidence.
**Copy in your notes
Trial Procedures & Courtroom Personnel
Jury
• 12 jurors, but can proceed with 11 or 10
• Jurors decide whether the accused person is guilty or not guilty
• Must be unanimous decision or else a mistrial is declared
**Copy in your notes
Trial Procedures & Courtroom Personnel
Court Clerk
• Reads the charge against the accused, swears in witnesses, tags
evidence
The Court Recorder
• Records all of the evidence given and all questions and
comments made during the trial
Canadian Criminal Court Structure and Appeal
Ontario Court of Justice vs. Superior Court of Justice
Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
The Provincial Courts
Criminal
Court
Youth Justice
Court
Family Court
Small Claims
Court
Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
• Final court of appeal
• Issues of great importance
• Question of law decided/interpreted
Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
• Hears appeals of federal court
• Appeals after go to SCC
Superior Court of Province
(Appeal Division)
•
•
•
•
Hears appeals from superior
3-5 judges hear appeals
Hears appeals of summary cases
Sets provincial precedent
Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
• Jurisdiction over cases with gov’t boards,
tribunals, federal jurisdiction, Immigration,
intellectual property (copyright & trademarks)
• Federal gov’t cases
• Tries more severe crimes (i.e. murder,
sexual assault
• Can be judge or jury
Canadian Criminal Court Structure and Appeal
Supreme Court of Canada
Federal Court of Canada
(Appeal Division)
Superior Court of Province
(Appeal Division)
Federal Court of Province
(Trial Division)
Superior Court of Province
(Trial Division)
The Provincial Courts
Criminal
Court
Youth Justice
Court
Family Court
Small Claims
Court
Canadian Criminal Court Structure and Appeal
• Judges are
The Provincial Courts
Criminal
Court
Youth Justice
Court
Family Court
•
Preliminary
hearings
•
•
•
Traffic
i.e. Frederick St.
Kitchener
•
•
•
•
•
All criminal cases
start here (90%
end here)
*Not open to
the public
Summary
• 12-17 years
old
appointed
Small Claims
Court
Divorce
• Civil action
Custody
• Under
Support
Estate
$10,000
• No jury trials
• Hears & tries
summary
offences & less
indictable
Activity: The Courtroom in Canada
You may work independently or with a partner
1. Please complete the questionnaire “The Courtroom in Canada” PRIOR to
reading article: Canadian Courts vs. Law & Order
2. Read article and answer the following questions:
• Who is the district attorney?
• What is counsel?
Who is the district attorney?
• In Canada the district attorney is referred to as Crown
Prosecutors
What is counsel?
• A barrister ( A lawyer admitted to plead at the bar in the superior courts) or
other legal adviser conducting a case.