The Criminal Court System Chapter 7

In this chapter we will look at… The Criminal Court Structure The Criminal Court Structure The Participants The Participants The Role of the Jury The Role of the Jury The Criminal Trial Process The Criminal Trial Process

The Criminal Court Structure Responsibility for Canada’s criminal courts is divided between the Federal and Provincial governments. Responsibility for Canada’s criminal courts is divided between the Federal and Provincial governments. The Federal parliament is responsible for formulating criminal law and establishing courts to administer various federal laws. The Federal parliament is responsible for formulating criminal law and establishing courts to administer various federal laws. The Supreme Court of Canada, The Federal Court of Canada and the Tax court of Canada are good examples. The Supreme Court of Canada, The Federal Court of Canada and the Tax court of Canada are good examples. The Provincial court system consists of provincial courts and the superior court of the province. The Provincial court system consists of provincial courts and the superior court of the province. Provincial courts have trial divisions, superior courts have both trial and appeals divisions. Provincial courts have trial divisions, superior courts have both trial and appeals divisions.

Figure 7.2The Canadian Criminal Court Structure and Avenues of Appeal, p. 163

The Provincial Court, Criminal Division Provincial court is the lowest level of Canadian courts. Provincial court is the lowest level of Canadian courts. Judges are appointed by the provincial government and cases are tried by judge alone. Judges are appointed by the provincial government and cases are tried by judge alone. They have the jurisdiction to hear summary conviction offences, less serious crimes that carry a lighter penalty, and certain indictable offences, more serious crimes that carry a heavier penalty. They have the jurisdiction to hear summary conviction offences, less serious crimes that carry a lighter penalty, and certain indictable offences, more serious crimes that carry a heavier penalty. A person’s first contact with the criminal court system is usually in provincial court, because this court conducts all preliminary hearings, a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial. A person’s first contact with the criminal court system is usually in provincial court, because this court conducts all preliminary hearings, a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial. An appeal is an application to a higher court to review the decision made by a lower court. An appeal from the provincial court regarding a summary conviction offence is heard by a single judge of the superior court. If it’s regarding an indictable offence, it is heard by the appeals division of the superior court, a panel of three to five judges. An appeal is an application to a higher court to review the decision made by a lower court. An appeal from the provincial court regarding a summary conviction offence is heard by a single judge of the superior court. If it’s regarding an indictable offence, it is heard by the appeals division of the superior court, a panel of three to five judges.

Superior Courts Of The Province They are the highest criminal and civil courts in the provinces and have a trial and appeal division. They are the highest criminal and civil courts in the provinces and have a trial and appeal division. Has jurisdiction in both criminal and civil matters, beyond the lower courts. Has jurisdiction in both criminal and civil matters, beyond the lower courts. Judge and jury unless the accused and the provincial Attorney General consent to trial by judge alone. By judge alone in provincial court or by judge and jury in Superior court. Judge and jury unless the accused and the provincial Attorney General consent to trial by judge alone. By judge alone in provincial court or by judge and jury in Superior court. Appeals from the Superior Court are heard in the Superior Court, Appeal division. Three to five judges hear the case and the appeal is won or lost based on the majority decision of the judges. Appeals from the Superior Court are heard in the Superior Court, Appeal division. Three to five judges hear the case and the appeal is won or lost based on the majority decision of the judges.

Figure 7.5Court Procedure for Criminal Cases, p. 166

The Federal Court System Federal Court of Canada – A court that hears cases involving the federal government and consists of a trial and appeal division. Federal Court of Canada – A court that hears cases involving the federal government and consists of a trial and appeal division. Also hears appeals from federally appointed boards, commissions and administrative tribunals. Also hears appeals from federally appointed boards, commissions and administrative tribunals. Supreme Court of Canada – highest appeals court in Canada, which also deals with constitutional questions referred to it by the Federal government. Supreme Court of Canada – highest appeals court in Canada, which also deals with constitutional questions referred to it by the Federal government. Consists of a chief justice (Beverly Mclachlin) and eight justices, all of whom are appointed by the federal government. Three come from Quebec, three from Ontario, two from the western provinces and one from the Atlantic Provinces. Consists of a chief justice (Beverly Mclachlin) and eight justices, all of whom are appointed by the federal government. Three come from Quebec, three from Ontario, two from the western provinces and one from the Atlantic Provinces. The court sits in Ottawa for three sessions a year: winter, spring and fall. The court sits in Ottawa for three sessions a year: winter, spring and fall. Cases are heard by a panel of five, seven or nine judges, depending on the type of appeal. Cases are heard by a panel of five, seven or nine judges, depending on the type of appeal.

Hears only appeals, from provincial courts of appeal and the Federal Court of Appeal. Hears only appeals, from provincial courts of appeal and the Federal Court of Appeal. Grants leave, permission to appeal, for matters of national significance or when decisions conflict in the provincial appeals court. Grants leave, permission to appeal, for matters of national significance or when decisions conflict in the provincial appeals court. The federal government may ask the court to rule on questions relating to constitutional issues or other federal concerns. The federal government may ask the court to rule on questions relating to constitutional issues or other federal concerns. Other federal courts include the Tax Court of Canada, which deals with income tax matters and the Court Martial Appeals court, which hears appeals from courts in the armed forces. Other federal courts include the Tax Court of Canada, which deals with income tax matters and the Court Martial Appeals court, which hears appeals from courts in the armed forces.