Canada’s Courts Canada’s Court System

                                                                                                                                                                                                                                                                                 

Supreme Court of Canada Highest appeal court in Canada Unlimited jurisdiction in Criminal matters Hears appeals fro provincial appeal courts Hears cases of national importance (Charter) Generally grants leave (permission to hear the appeal) Sets national precedents Court room

Supreme Court Continued The Court consists of a Chief Justice and eight other judges All appointed by the federal government At least 3 judges must come from Quebec. Traditionally,3 come from Ontario, 2 from western Canada, and 1 from the Atlantic provinces. The Supreme Court sits in Ottawa for three sessions a year – winter, spring and fall. Back Row: Honourable Mr. Justice Marshall Rothstein Honourable Madam Justice Rosalie Silberman Abella Honourable Madam Justice Louise Charron Honourable Mr. Justice Thomas A. Cromwell. Front Row: Honourable Madam Justice Marie Deschamps, Honourable Mr. Justice William Ian Corneil Binnie, Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada, the Honourable Mr. Justice Louis LeBel, and the Honourable Mr. Justice Morris J. Fish.

Provincial Supreme Court of Appeals (names vary) Hears appeals from the Trial Division of Provincial Supreme Courts Sets provincial precedent ; decisions that must be followed by all judges in that province

Provincial Supreme Court – Trial Division (names vary) Tries the more severe crimes (manslaughter / sexual assault, murder, treason) – severe indictable offences Hears criminal appeals in summary conviction cases Sets province’s precedent

Provincial Courts – Criminal Division Arraigns (read the charge and enters the plea) all criminal cases Holds preliminary hearings in most severe indictable offences (accused can elect of have he case tried in higher court Hears and tries criminal summary conviction cases and the least serious indictable offences (theft under $5000)

Criminal Offences and Procedures Summary offences and more serious indictable offences have different trial procedures Categories of Indictable Offences Least Serious (Trial procedures similar to summary offences) More Serious (Accused selects 1 of 3 trial procedures) Most Serious (Trial usually before a judge and jury) Theft (under $5000) Manslaughter Murder Mischief (under $5000) Assault Treason Fraud (under $5000) Sexual Assault Piracy Driving while disqualified Weapons offences Bribing a judicial official

Summary & Minor Indictable offences Procedures 6 month limitation period of the laying of a charge Provincial court judge hears the evidence and gives a verdict – summary or minor indictable offence Quasi-criminal offences: Court appearance not necessary unless you are entering a plea of not-guilty Accused enters a plea of guilty or not-guilty

Indictable Offences Procedures No limitation period of the laying of a charge Most serious indictable offenses Minor Indictable cases are treated like summary offences More serious indictable offenses Accused can choose : Judge and jury Provincial court judge Higher court judge Judge and jury

Case Examples Reference Re Milgaard [1992]1 S.C.R. 866 Supreme Court of Canada Textbook page 116. Read case summary, answer questions 1-3 R. v. Wust [2000] 1 S.C.R. 455 Supreme Court of Canada Textbook page 118. Read case summary, answer questions 1-3