1. Trial Procedures
Lesson 54
CLU 3MR

2. Trial Procedures
Adversarial System Canada’s judicial system is adversarial; two opposing sides
 The Crown represents society
 The defence represents the accused
Provincial Courts
If tried in this court for summary conviction or indictable offence, it is by judge alone (judge acts as judge and jury)

3. Courtroom Organization
Draw “A Typical Canadian Courtroom” on page 181, in your notes

4. The Judge “the Bench” or “the Court”
appointed by the federal gov’t (or provincial gov’t if provincial court)
Supreme Court judges are called “Justices”
Judges have full control of the courtroom in preliminary hearings and trials
Can determine who is in the courtroom (media, public, accused)
They great influence the outcome of the trial

5. In non-jury trials they determine question of guilt and set the sentence
Justice of the Peace less power than a judge
Used in Traffic Court, can sign warrants, issue documents, often presides over the court of first appearance

6. The Crown Prosecutor Hired by the gov’t to represent society
Must prove, beyond a reasonable doubt, that the accused committed the offence
Presents all evidence, even if it weakens the case
Consult with police to determine whether to lay charges
Withdraw charges that have been laid

7. The Defence Counsel Represents the accused
Ensures the accused’s rights are protected
They can direct the case through the courts
Advise clients on the law
Must represent the client to the best of their ability
Even when the case is unpleasant or challenging

8. The Court Clerk and Court Reporter
Court Clerk reads the charges against the accused
Does most of the paperwork
Court Reporter records, word for word, all that is said in the court
Very exacting job!
Transcripts can be used later

9. The Sheriff Does a lot of the preparation for trial
Ensures that the accused will show up
Serves summons and carries out court orders

10. Others
Probation Officers may conduct interviews with convicted offenders
John Howard Society, Elizabeth Fry Society, Salvation Army may assist defendents
Victim support groups are now more easily available

11. Motions at the Beginning of a Trial
Both sides may present motions to the judge relating to any procedure that could take place
Stay of proceedings can stop the trial until further action is taken
Task:
R. v. Askov page 186
Answer the 5 questions
* When finished, review questions on the top of page 187

12. Juries

13. Juries Jury trials satisfy the public
Lets the public see conflicts resolved by peers
Reflects the conscience of the public
Juries are expensive so are reserved for more serious indictable offences

14. Advantages
Trial by Jury
Trial by Judge

15. Jury Selection
“Empanelling” –the process of selecting 12 jurors can take days
names chosen by the Sheriff

16. To Be on a Jury: Canadian citizen At least 18
Have lived in the province for at least a year
Speak either English or French
Mentally fit

17. People Usually Exempted
MPs, senators, and other gov’t members
Judges, JPs, lawyers, law students
Doctors, coroners, vets
Police officers
Visually impaired
Those who are mentally or some physically disabled
Convicted of a crime

18. Make notes: The Challenges (pages 190-194) Challenge of Jury List
‘challenge for cause’ (3 grounds)
‘peremptory challenge’
Jury Duty
Sequester under what circumstances?
verdict