1. The Criminal Court System
Chapter 9

2. The Criminal Court Structure
The Provincial Court System
The Provincial Court, Criminal division
Superior Courts of the Provinces
The Federal Court System
Federal Court of Canada
Supreme court of Canada
Other courts

3. The Participants
Judge or jurors cannot convict an accused person unless they are satisfied that the Crown has proven the defendant’s guilt to the extent that a reasonable person would conclude that this individual did indeed commit the offence in question
Any doubt – then the person must be acquitted

4. Judge
The court official appointed to try cases in a court of law and to sentence convicted persons
Controls the events in the courtroom
Judge instructs jury on points of law
In a non-jury trial, judge decides guilt or innocence of the accused

5. Justice of the Peace
A court official who has less authority than a judge but who can issue warrants and perform some other judicial functions

6. The Defence Person charged with an offence – accused (defendant)
Can represent themselves or can be hired a lawyer (duty counsel)
Defence counsel – lawyer who defends an accused person on trial

7. The Prosecution
The crown counsel (prosecutor) is the lawyer representing the government’s interest
Must research the law, assemble the evidence for trial, review exhibits and take statements

8. Court clerk – assists the judge by keeping record of the trial exhibits, administering oaths, and announcing the beginning and end of the court session
Court reporter – records everything verbatim that has been said during the trial
After the trial a transcript is required (typed record of everything said in court)
Court security officer – maintains courtroom security
Sheriff – summons, pays, and guards jurors
Bailiff – court official who assists the sheriff

9. Witnesses
Prosecution or the defence may issue a subpoena which requires a witness to appear in court
Failing to appear may be guilty of contempt and fined and/or jailed to 90 days
Witnesses commit perjury if they make false statements in court – max penalty of 14 years

10. Jury Group of 12 men and women
Chosen by the crown and defence counsel from a pool of ordinary citizens
They listen to evidence and decide whether the accused is guilty beyond a reasonable doubt or not guilty
Decision must be unanimous

11. The Criminal Trial Process
Burden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt

12. The Crown’s opening statement
Crown presents its case before the defence because it has the burden of proof
Starts off with statement
Identifies the offence committed
summarizes the evidence against the accused
Outlines the way the crown will present its case
WILL ONLY PRESENT EVIDENCE AFTER ITS OPENING STATEMENT IS COMPLETE

13. Examination of witnesses
First examination of a witness is called DIRECT EXAMINATION – the first questioning of a witness to determine what he or she observed about the crime
After the examination, defence counsel may CROSS EXAMINE the witness – the second questioning of a witness to test the accuracy of the testimony; performed by opposing counsel

14. The Defence Responds
When the crown has finished calling its witnesses, the defence may bring a motion for dismissal (a request by defence that the judge dismiss the charges against the defendant)
Judge may agree with the defence and will withdraw the case from the jury to enter a directed verdict of not guilty – enters a verdict of not guilty

15. Defence then summarizes its case in an opening statement
If the judge does not dismiss and the accused pleads not guilty, the trial must continue
Defence then summarizes its case in an opening statement
calls on witnesses
Direct examination
Cross examination
Defendant may choose to testify on his/her own behalf but cannot be compelled to be a witness

16. After evidence from defence…
Crown can rebut or contradict evidence introduced by the opposing side

17. Rules of Evidence
During the trial – either the Crown or defence may object to questions asked or to answers provided by the witnesses
When an objection is made, the judge rules on whether the evidence in question is admissible and whether it would be accepted by the Court

18. Leading question Suggests to the witness a particular answer
During direct examination – generally not permitted to ask a witness a leading question unless it involves fairly unobjectable matter such as:
You are 21 years old, aren’t you?
Wasn’t it Tom you saw stabbing Al with a knife? (leading question needs rewording)
What did you see Tom do to Al?

19. In cross-examination, counsel is allowed to ask a leading question as long as it pertained to previous testimony
You want this court to believe you saw Tom stabbing Al? – this refers to a fact that was already established during direct examination

20. Hearsay Statements
Evidence given by a witness based on information received from someone else rather than personal knowledge
Ann told me that she saw Tom stab Al with a knife (would not be admissible in court)

21. Opinion statements
Defence counsel or the Crown cannot ask the witness to give an opinion about a matter that goes beyond common knowledge
Unless the witness is a recognized expert in field
Example: eyewitness can give an opinion about the colour of the car at the crime scene
But only a car mechanic who was allowed to examine car could give an opinion about the condition of car’s brakes

22. Immaterial or irrelevant questions
No connection with the matter at hand – is inadmissible
For example: murder trial if defence asks the investigating officer question about his life the question could be dismissed as being irrelevant

23. Non-responsive answers
Sometimes the Crown or defence council will question a witness and receive a reply that does not really answer the question
This is a non-responsive answer
Counsel may ask the judge to direct the witness to answer the question properly

24. Types of evidence
Direct evidence – testimony given by a witness to prove an alleged fact
Eyewitness account is the most common
Direct evidence can also be challenged
Circumstantial evidence – indirect evidence that leads to a reasonable interference of the defendant’s guilt
For example: Same stole Kates purse but no one saw him. They found the purse with his fingerprints. They can infer that he committed the crime. Evidence can still be used

25. Character evidence
Evidence used to establish the likelihood that the defendant is the type of person who would or would not commit certain offence
Generally the crown is not allowed to attack the defendant’s character (would push the jury to think this person has bad character - he/she must be guilty)
Defence counsel can use evidence to show defendant’s good character to convince jury that he/she is not the type of person who would have committed the offence
Crown is allowed to rebut it by presenting contradictory evidence (more about showing issues with credibility)

26. Voir dire
A mini-trial in which jurors are excluded while the admissibility of evidence is discussed

27. Summary of the Case
After all the testimony has been given, each counsel presents a summary of the case in their closing arguments
Crown closes first, then defence
Crown will attempt to show that the defendant’s guilt has been proven beyond a reasonable doubt
Defence will try to show that the crown has failed to establish mens rea or actus reus, thereby demonstrating that a reasonable doubt exists
Not considered evidence, help jurors better understand the issues

28. Charge to the Jury
The judge’s explanation to the jurors of how the law applies to the case before them
After summaries of both sides
Judge will also advice the jurors on how to consider the evidence and how to return a verdict in accordance with the law
Jury is escorted out and they deliberate

29. The Verdict
Once the verdict has been reached, it is read in open court
Crown/defence can ask the jury to be polled – each jury member must stand and confirm that he/she agrees with the verdict
A jury that cannot reach a unanimous decision is called a hung jury
In this situation, jury is discharged, and a new jury is selected to try the case again