1. The Trial Process
What is the adversarial system and how does it work? Does it serve the interests of justice?
What are the major components of a trial?
What appeal options are available?

2. The Adversarial System

3. Source: Simon Fraser University (Burnaby, BC)

4. BC Court System

5. BC Court System
Source: BC Provincial Court

6. Trial vs. Non Trial Key Players Judge Crown Prosecutor Defence Counsel
Court Clerk and Reporter
Sheriff
Auxiliary Officials (victim support, probation officers, defendant assistants)
Pre Trial
Evidence
Publication
Jurisdiction
Jury Selection
Trial
Arraignment
Crown Case
Defense Case
Instructions to Jury
Verdict/Decision
Appeal

7. Appeals Appellant- the party requesting the appeal
Respondent- the party responding to the appeal
Summary Offenses Trials
Transcripts reviewed
Statements of facts reviewed
Indictable Offenses Trials
New evidence may be presented
New arguments may be presented
Defense may appeal a conviction on the following grounds:
Question of law
Question of law and fact, or fact
Other reasons appeal court may find worthy. (Why?)
Crown may appeal a “not guilty” verdict on the following grounds:
Length of sentence
Administration- invalid indictments, stay of proceedings

8. Appeals Actions the Court of Appeal may take:
Reviews transcripts, charges to jury, reasons for decision, report from trial judge.
Decide which party will pay the costs of the appeal.
Change the verdict of the original court.
Change the sentence implemented by the original court.
Order a new trial.

9. Appeals

10. Trial vs. Non Trial
How is justice best served (achieved): trial or non trial-based resolution?
Consider:
Costs (financial, human resources, physical resources)
Time
Adversarial vs. non-adversarial
Acknowledgement of guilt
Healing
Rehabilitation

11. Challenges and Criticisms
For Next Class:
Find two criticisms leveled against the BC or Canadian justice system.
Optional: Read the Heintzman article posted to wordpress.