1. The Participants

2. The Participants
Canada’s criminal justice system has two fundamental principles:
(1) An accused person is innocent until proven guilty,
(2) And guilt must be proven beyond a reasonable doubt.

3. Judge
The judge makes decisions on the admissibility of evidence, controls the events in the courtroom, and interprets the law pertaining to the case. The judge instructs the jury on points of law and sentences the convicted person. In a non-jury trial, the judge decides on the guilt or innocence of the accused and passes sentence.

4. Justice of the Peace
A justice of the peace is a court appointed official who has less authority than a judge but can issue arrest and search warrants and perform other judicial functions such as hear bail hearings. They can also hear cases involving infractions of municipal bylaws and certain provincial statutes such as the Highway Traffic Act.

5. The Defence
The person charged with a crime is called the accused (or defendant) It is advised a defendant seek council. Duty Counsel provides free legal advice to a person being charged or interrogated at the police station or appearing in court for the first time. The defence counsel is the lawyer who represents the defendant’s interests. If the accused pleads not guilty, the defence counsel will try to show that there exists a reasonable doubt of the defendant’s guilt.

6. The Defence cont…
If the accused pleads guilty or is found guilty after trial, the defence counsel will recommend an appropriate sentence to the judge. The Crown will also make their sentencing recommendation, often differing from the defences recommendation. If both attorneys agree on an appropriate sentence, they submit it to the judge who will take it into consideration and make their decision.

7. The Prosecution
The Crown attorney (or prosecutor) is the lawyer presenting the government’s interests in investigating and punishing criminal offences. The prosecutor prepares the case by researching the law, assembling evidence for trial, such as fingerprints or articles of clothing, reviewing the exhibits, and taking statements from the arresting officer and other witnesses. Evidence is information that tends to prove or disprove the elements of the case.

8. Other Court Personnel
The court clerk who keeps a record of the trial exhibits, administers oaths, and announces the beginning or end of the court session,
The court reporter who records everything said during the trial to produce a transcript.
The court security officer, the sheriff who is responsible for jury management.
The bailiff who assists the sheriff.

9. The Witnesses
Witnesses give evidence, under oath, concerning their knowledge of the circumstances surrounding a crime. Witnesses may be issued a court order called a subpoena, which compels them to appear in court. If the witness fails to appear, they can be held in contempt of court for obstructing the course of justice. If the witness is found guilty of contempt, they may be fined a maximum of $100 and/or imprisoned 90 days. Witnesses who give false statements, that is commit perjury, can receive a sentence of up to 14 years in prison.

10. The Jury
In a criminal trial, a Jury is a group of 12 people who decide whether the accused is guilty or not guilty. They listen to the trial, examine evidence and follow the judge’s instructions. At the end of the trial, they withdraw to the jury room to deliberate, consider the evidence and decide together of guilt or innocence. Their decision must be unanimous

11. Court Seating Arrangement