Chapter Seven: The Court System
(Page 161-187)
Learning Goals
•
I can summarize the structure of the
criminal court system, including pathways of
appeal
•
I can describe the role of people involved in
a criminal trial (e.g., lawyer, judge, jury, duty
counsel, Crown attorney)
•
I can explain key aspects of the criminal trial
process, including jury selection and rules about
the admissibility of evidence and the burden of
proof
Criminal Court Structure
Supreme Court of Canada
-highest court and has unlimited powers to deal with criminal and civil cases
- 9 judges will hear only appeal cases or answer constitutional questions for gov’t
Superior Court of Province
Federal Court of Canada
(Appeal Division)
(Appeal Division)
-hears appeals from the trial division of Superior Court -deals with appeal cases emerging from the trial
- 3-5 judges will hear each appeal case
division of the Federal Court
Superior Court of Province
(Trial Division)
-Deals with more serious cases (indictable
offences like murder or assault
-Hears appeals from the provincial courts
-Uses a judge or judge + jury
Federal Court of Canada
(Trial Division)
-deals with cases within federal jurisdiction such
as immigration, military, citizenship or copyright
THE PROVINCIAL COURTS
Criminal
Court
Youth Justice
Court
Family Court
Small Claims
Civil Court
Prov. Courts
=
Trial by judge only
-deals with regulatory, quasi-criminal offences and less serious criminal offences (summary
conviction offences) such as minor theft and offences leading to punishments less than 6 months
-these trials are by judge only (no jury) – judges appointed by provincial government
-holds arraignments (“how do you plead…?) and preliminary hearings for ALL criminal cases
• courts overview
Items from the Court Flow Chart
on slide one
The Provincial Courts
• deals with regulatory, quasi-criminal offences
and less serious criminal offences (summary
conviction offences) such as minor theft and
offences leading to punishments less than 6
months
• these trials are by judge only (no jury) – judges
appointed by provincial government
• holds arraignments (“how do you plead ...?“)
and preliminary hearings for ALL criminal cases
• provincial court overview
Superior Court of the Province (trial division)
• Deals with more serious cases (indictable
offences like murder or assault
• -Hears appeals from the provincial courts
• -Uses a judge or judge + jury
• BC Supreme/superior court
• Compare provincial and superior courts
Superior Court of the Province (appeal division)
• -hears appeals from the trial division of
Superior Court
• - 3-5 judges will hear each appeal case
• Appeal Courts
Supreme Court of Canada
• -highest court and has unlimited powers to
deal with criminal and civil cases
• - 9 judges will hear only appeal cases or
answer constitutional questions for gov’t
• Young lawyer goes to supreme court
Supreme
Court of
Canada
Federal Court of Canada (trial division)
• -deals with cases within federal jurisdiction
such as immigration, military, citizenship or
copyright, trade mark
Federal Court of Canada (appeal division)
• deals with appeal cases emerging from the
trial division of the Federal Court
Former Ontario Superior Court,
Kitchener
• Onatrio
Former
Ontario Provincial
Court, Kitchener
New court house under construction in Kitchener on Weber St. near Frederick St.
• 30 courtrooms, including a large, high-security
jury courtroom to handle high-profile trials
• 2,000-square-foot high-security courtroom will
have a separate entrance, its own public security
screening, its own jury room and own holding
This new court house will combine the two Ontario Provincial Courts for our
area along with the Superior Court into one building – 30 courtrooms, 500
CC cameras and special security features.
• Waterloo Record Article - new courthouse
• Raising a Courthouse
• designed to withstand multiple assaults and
explosions without flattening. It’s intended to
partly collapse upon itself, then stabilize.
• The large windows are shatterproof to
withstand explosions. Like a car windshield,
windows will spiderweb but won’t blow out
completely.
• 500 video cameras will monitor activity on
every floor, in every cell, the loading dock area
and even outside the building where people
mingle and vandals could do damage at night,
Bullock said.
• Staff will monitor the cameras from a control
room. The only camera-free areas will be the
courtrooms, judicial offices and cafeteria.
• The 20,000-square-foot cellblock will hold 151
prisoners, although Bullock estimates only
about half the space will be used on many
days. One corridor of the cellblock runs eastwest up Weber Street.
Testers
Provincial
Court
Superior
Court
Superior
Court
(appeal
division)
Supreme
Court
1) A woman wants to fight a speeding ticket.
2) A man is charged with intent to traffic heroin.
3) A man appeals a ‘guilty’ verdict reached in the
Superior appeals court.
4) A woman is charged with $50 theft of food from
grocery store.
5) The Crown is appealing a ‘not guilty’ verdict for a
kidnapping
• Courts of BC - Provincial Court - YouTube
Learning Goals
•
I can summarize the structure of the criminal
court system, including pathways of appeal
•
I can describe the role of people involved in
a criminal trial (e.g., lawyer, judge, jury, duty
counsel, Crown attorney)
•
I can explain key aspects of the criminal trial
process, including jury selection and rules about
the admissibility of evidence and the burden of
proof
Participants in the Courtroom
Participant
Judge
Role (in your own words)
Decision maker about legality of evidence, witnesses,
questions etc.
Defendant
Duty Counsel
Tries to prove innocence of accused
Tries to prove guilt of accused
Court clerk
He/she creates a record of everything said in the courtroom
Sherriff
Sherriff’s assistant
Witness
Group of 12 that decides guilt or innocence