By the end of this chapter, you should be able to:  LO1 Describe the structure of the court system, and the role and significance of each level of criminal courts in Canada  LO2 Identify the key players in the criminal court process  LO3 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal  LO4 Describe the options for diverting criminal cases from the traditional court system  LO5 Identify several challenges that face the criminal court system Copyright 2013 McGraw-Hill Ryerson Ltd. 1 LEARNING OBJECTIVES

Copyright 2013 McGraw-Hill Ryerson Ltd. 2 LO3 Bail Hearing – to determine whether or not an accused held in custody can be released on a “Judicial Interim Release” (bail) Show Cause Hearing – the Crown requests that the accused be held in custody (must demonstrate the accused is either a danger to the community or a risk to flee prosecution) If not held in custody, the judge can release the accused on an undertaking, a recognizance with or without either a surety or deposit. The judge may impose conditions on the accused to ensure public safety THE CRIMINAL TRIAL PROCEDURE

Copyright 2013 McGraw-Hill Ryerson Ltd. 3 LO3 At the first appearance the accused enters a plea of ‘guilty’ or ‘not guilty’ If the accused pleads guilty he/she may be sentenced immediately. The sentencing may be remanded for a pre-sentence report (provides information to the court about the background and history of the offender) THE CRIMINAL TRIAL PROCEDURE

Copyright 2013 McGraw-Hill Ryerson Ltd. 4 LO3 THE FLOW OF A CRIMINAL TRIAL

Offence Classification  Summary Offence – least serious offences with the lower penalties  Indictable Offence – most serious offences with the higher penalties  Hybrid/Dual: the Crown decides to proceed either as a summary or indictable offence Copyright 2013 McGraw-Hill Ryerson Ltd. 5 THE CRIMINAL TRIAL PROCEDURE LO3

Disclosure  The requirement of the Crown and the police to provide the details (and copies) of all of the evidence against the accused, to the accused prior to trial  The accused can use this information to prepare a defense. As the trial proceeds, new information that the Crown acquires must also be shared with the accused Copyright 2013 McGraw-Hill Ryerson Ltd. 6 THE CRIMINAL TRIAL PROCEDURE LO3

Preliminary inquiry  A hearing to ensure that the Crown has enough evidence to proceed to a criminal trial, the onus is on the Crown to prove this  The Crown needs only to present enough evidence to show that they have a strong case  The accused may respond but does not have to  At the end of the hearing, the judge decides if there is enough evidence to proceed, if not the accused is discharged Copyright 2013 McGraw-Hill Ryerson Ltd. 7 THE CRIMINAL JUSTICE PROCEDURE LO3

Plea bargaining  A process outside of the formal court proceeding  An accused pleads guilty in return for the Crown reducing the charge or the sentence Karla Homolka’s plea bargain enraged Canadians when the deal was made before the full extent of her involvement in the sexual assault and deaths of three victims was known Copyright 2013 McGraw-Hill Ryerson Ltd. 8 THE CRIMINAL JUSTICE PROCEDURE LO3

The Criminal Trial  Jury selection - 12 impartial jurors are chosen by the Crown and defence (called empanelling)  Opening statements – both Crown and defence give an overview of the evidence that they will offer  Presentation of evidence – the Crown presents first as the onus is on the Crown to prove the case Copyright 2013 McGraw-Hill Ryerson Ltd. 9 THE CRIMINAL JUSTICE PROCEDURE LO3

 Direct Evidence – evidence that proves a fact and does not require additional explanation or assessment  Circumstantial evidence – evidence that requires the court to draw inferences and make connections to the fact  Real evidence – physical (presented in court as an exhibit). Includes weapons, fingerprints, seized stolen goods  Witness Testimony – police officers, victims, experts, defendant. A witness cannot testify based on hearsay evidence (what a witness knows based on what he/she was told by another person) Copyright 2013 McGraw-Hill Ryerson Ltd. 10 TYPES OF EVIDENCE LO3