1. Criminal Law
The Trial Process

2. Arrest
Suspicion not grounds for arrest, police must have REASONABLE GROUNDS to believe crime has been committed
Can either:
a) Appearance notice (summary, hybrid,
less serious indictable)
b) Arrest (serious indictable)
c) Obtain warrant for arrest

3. Arrest Police can use as much force as necessary to prevent escape
Can use deadly force if suspect might cause serious harm to others
HOT BUTTON TOPIC: Police use of Tasers
Was use of Tasers reasonable in this case?
What about this one?

4. Remember your legal rights Sections 7-11 of the CCRF
Right to be informed promptly of reason for arrest
Right to obtain a lawyer without delay
Must understand rights (wait if are intoxicated)
**innocent people are more likely cooperate, so don’t encourage them to form bad conclusions about you!*

5. Police Search Rights
Right to search accused upon arrest to look for evidence or items that may help accused escape
May strip-search or skin frisk at the station BY OFFICER OF THE SAME SEX
May fingerprint and photograph
May take DNA sample (with a warrant)
Accused DOES NOT have to take part in a line-up or polygraph test—see a lawyer before you do this

6. Warrants
Sec 8 of the CCRF: means that an officer must swear to a judge that a crime has been committed and there is reason to believe that evidence exists on the property Ask to see warrant; if any detail is wrong, entry can be refused Exceptions: Anti-Terrorism Act Controlled Drug and Substances Act Provincial liquor laws Vehicles

7. (reading of charge; type of court; plea guilty or not guilty)
Procedures
Arrest
Release OR Bail Hearing OR Custody
(summary, hybrid, indictable (w/in 24 hours; promise to appear) (threat; reverse onus)
w/ penalty of 5 years or less)
Arraignment
(reading of charge; type of court; plea guilty or not guilty)
Not guilty Guilty
Trial date Sentenced immediately

8. Less Serious Indictable Offences Most Serious Indictable Offences
Court Options
Less Serious Indictable Offences
Summary Offences
Most Serious Indictable Offences
Superior Court/Supreme Court of the province
Judge + jury
(i.e. treason, murder)
**only 5% of crimes**
Provincial Court Judge only Minor indictable offences (i.e. theft, fraud, mischief)
Choice: Provincial court judge OR Higher court judge alone or judge + jury (i.e. assault, sexual assault, weapons)

9. Which would you choose, trial by judge alone or trial by judge and jury? Why?

10. Trial by Judge OR Judge and Jury
Trial by Jury
Trial by Judge
-satisfies and educates the public -fresh perspectives -decision based on current social values, not strict legal precedent -defence only needs to convince one juror -might feel more empathy
-might be less prejudiced
-juries might allow disgust at the offence to cloud judgement
-legal technicalities confuse jurors
-jury may be too easily persuaded by a fast-talking lawyer
-judge presents reasons for a decision, a jury doesn’t