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

Trial Procedures & Courtroom Personnel **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

Trial Procedures & Courtroom Personnel **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 http://www.videojug.com/interview/courtroom-jargon-2 - motion Objection is like a motion, example think a question is irrelevant.

What are the main duties of a Superior Court Judge? 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 NOTE – we will be visiting a superior court in Toronto for our field trip – jury trial could be in session.

Trial Procedures & Courtroom Personnel **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

Trial Procedures & Courtroom Personnel **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.

Trial Procedures & Courtroom Personnel **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

Trial Procedures & Courtroom Personnel **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 http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/criminal_law.asp

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) Pg. 134-135 textbook 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) Superior Court of Province (Appeal Division) Hears appeals of federal court Appeals after go to SCC 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 The Provincial Courts Judges are appointed No jury trials Hears & tries summary offences & less indictable Criminal Court Youth Justice Court Family Court Small Claims Court Preliminary hearings Traffic Summary i.e. Frederick St. Kitchener All criminal cases start here (90% end here) 12-17 years old Divorce Custody Support Estate *Not open to the public Civil action Under $10,000

Activity: The Courtroom in Canada You may work independently or with a partner Please complete the questionnaire “The Courtroom in Canada” PRIOR to reading article: Canadian Courts vs. Law & Order 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.