Federal Vs Provincial What’s the difference? By Shane Scott

Federal Law Federal law is mainly talking about the laws included in the criminal code

Federal Law The Canadian federal government is responsible for:  Enacting and administering criminal law  Enacting divorce law  Appointing Superior Court Judges  Is responsible for Aboriginals and land reserves

Provincial Law Provincial governments are responsible for:  Administration of criminal justice  Appointing Provincial Court Judges and Justices of the Peace  Overseeing property and civil laws  Is responsible for Métis

Summary Offences  There is only a short period of 6 months to charge the accused, after that period the claims are invalid.  The accused does not need to appear in court  Know as the ‘Less Serious’ type of crime  The accused does not need to submit fingerprints  Pardoned after 5 years if the accused does not commit anymore crimes

Summary Offences  These charges are dealt with in the provinces legal system and may be appealed to the Supreme Court of Canada.  There is no right to a jury  There is a maximum sentence of a $2000 fine and/or 6 months in prison Summary offences are known as petty crimes like shoplifting, trespassing, prostitution, and car theft.

Indictable Offences  There is no time limit to charge the accused with the crime  The accused must appear in court  These are known as the ‘more serious’ crimes  The accused must submit fingerprints  The accused may apply for a pardon after 10 years

Indictable Offences  These charges are dealt with at the highest court of the province (Alberta Court of Appeal) and then goes to the Supreme Court of Canada.  You are entitled to trial by jury as long as it’s not theft, fraud or mischief under $5000  For certain indictable offences, the offender may be given the option to choose what kind of trial they will face (Provincial Judge, Supreme Court Judge, or Supreme Court Judge and jury)

For both summary and indictable offences, offenders follow roughly the same route. 1.Arrested and charges are placed 2.The offender faces trial in a court 3.The offender goes through the corrections system 4.The offender is released on parole

Provincial Court  All Cases go here!  All summary conviction cases come here and end here  Indictable cases come here, most are closed here, some continue on to higher courts Court of Queens Bench  The most supreme court in the province  Listens to appeals from the provincial court

Prisons  If your sentence is less than 2 years, then you serve your sentence in a provincial institution Provincial institutions are the responsibility of the Correctional services Ministry, including  If your sentence is more than 2 years, then you serve your sentence in a federal institution Federal institutions are the responsibility of Correctional Services of Canada

Parole Board of Canada The main role of the Parole Board is to reintegrate criminals into law abiding society. It does this by… -Deciding if the offender should receive parole -monitoring an ex-offenders parole, which is the period after prison when the person has conditions on their release. -Deciding whether or not the offender deserves a pardon

Applying for Parole  You must submit an application for day parole (6 months before your full parole) or you will be schedule for an interview around your full parole eligibility date (1/3 of your sentence or 7 years)

What Does the Parole Board Look At?  Your criminal and social history, the reasons for and type of offence, including your understanding of the offence and any past offences;  Any progress you have made by yourself or through participation in programs, your behaviour in the institution and while on any previous conditional release(s) ;  Any victim impact statements ;  Your release plan and your community management strategy.

What Happens at a Parole Hearing?  A Hearing Officer will guide you and your Parole Officer into the hearing room, along with your assistant if you have one.  Your Parole Officer will talk briefly about your case, and give his or her recommendations.  A victim may observe and may choose to present a victim statement.  There may be other observers present.  The Board members will ask you questions to help them in their decision.  In private, Board members will discuss your case further and come to a decision.  Board members will then give their decision and the reasons for the decision, including any special conditions you must follow if you are granted parole.