The Criminal Court System CLu3M: Criminal Law

The Criminal Court Structure The federal government is responsible for formulating criminal law and procedure but it is the provinces that are responsible for administering the criminal court system Provincial court systems are very different- we will discuss Ontario All provinces have a lower provincial court, a superior court (trials) and a superior court for appeals The highest court in the country that effects all provinces and federal government is the SCC

Provincial Court System Bottom of the hierarchy of courts Judges are appointed by the Provincial government Cases are tried by a judge alone, not a jury Ontario's provincial courts are divided into Criminal, Youth Justice, Family and Small Claims Courts Judges in Provincial courts have the jurisdiction to hear summary and certain indictable offences

Provincial Court System The criminal code of Canada designates which crimes can be tried in a provincial court and which must be tried by a Superior Court Cases such as Murder must be tried in a Superior Court since there will be a judge and a jury Provincial court also hear cases against provincial statutes (driving laws) and municipal bylaws All preliminary hearings are conducted in a provincial court Preliminary hearings are used to determine whether there is sufficient evidence to put the accused on trial by a higher court A filter to save time and money for our court system

Superior Courts The Superior Court of each province hears appeals from summary convictions (one judge hears the appeal) Appeals from indictable offences are heard by an appeal division of the Superior Court, which consists of three to five judges Also has jurisdiction over civil matters Only what is listed under section 469 of the Criminal Code can be heard at the Superior Court Trial Division and must include a jury**

469. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than (a) an offence under any of the following sections: (i) section 47 (treason), (ii) section 49 (alarming Her Majesty), (iii) section 51 (intimidating Parliament or a legislature), (iv) section 53 (inciting to mutiny), (v) section 61 (seditious offences), (vi) section 74 (piracy), (vii) section 75 (piratical acts), or (viii) section 235 (murder); Accessories (b) the offence of being an accessory after the fact to high treason or treason or murder; (c) an offence under section 119 (bribery) by the holder of a judicial office; Crimes against humanity (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; Attempts (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or Conspiracy (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

Superior Courts Superior Courts will also hear cases involving crimes listed in section 554 of the Criminal Code These are crimes where the accused has an option of choosing a judge or a judge and a jury (breaking and entering, robbery, attempted murder etc…) An appeal from a trial in a superior court will be heard by the Superior court appeal division A panel of judges hear these and rule with a majority vote

Federal Court System Federal courts- all claims involving the federal government and appeals from government commissions and bodies Tax Court of Canada- a federal court that hears cases involving Canada’s income tax matters Court Martial Court The Nisga’a Aboriginal tribe has their own court in British Columbia- its decisions are accepted by the Superior court in BC Supreme Court of Canada- Nine justices- 3 from Quebec, 3 from Ontario, 2 from Western Canada and 1 from the Atlantic- hears only appeals- decisions are based on majority vote and dissenting opinions are published