Chapter Seven: The Court System (Page 161-187). Learning Goals I can summarize the structure of the criminal court system, including pathways of appeal.

Chapter Seven: The Court System (Page 161-187)

Learning Goals• I can summarize the structure of the criminal

court system, including pathways of appeal

• I can describe the role of people involved in a criminal trial (e.g., lawyer, judge, jury, duty counsel, Crown attorney)

• I can explain key aspects of the criminal trial process, including jury selection and rules about the admissibility of evidence and the burden of proof

Criminal Court Structure

-deals with regulatory, quasi-criminal offences and less serious criminal offences (summary conviction offences) such as minor theft and offences leading to punishments less than 6 months-these trials are by judge only (no jury) – judges appointed by provincial government-holds arraignments (“how do you plead…?) and preliminary hearings for ALL criminal cases

-Deals with more serious cases (indictable offences like murder or assault-Hears appeals from the provincial courts-Uses a judge or judge + jury

-hears appeals from the trial division of Superior Court- 3-5 judges will hear each appeal case

-highest court and has unlimited powers to deal with criminal and civil cases- 9 judges will hear only appeal cases or answer constitutional questions for gov’t

-deals with cases within federal jurisdiction such as immigration, military, citizenship or copyright

-deals with appeal cases emerging from the trial division of the Federal Court

THE PROVINCIAL COURTS

Criminal Court

Youth Justice Court

Family Court Small Claims Civil Court

Supreme Court of Canada

Federal Court of Canada(Appeal Division)

Federal Court of Canada(Trial Division)

Superior Court of Province(Appeal Division)

Superior Court of Province(Trial Division)

Prov. Courts=

Trial by judge only

• courts overview

Items from the Court Flow Chart on slide one

The Provincial Courts•deals with regulatory, quasi-criminal offences and less serious criminal offences (summary conviction offences) such as minor theft and offences leading to punishments less than 6 months•these trials are by judge only (no jury) – judges appointed by provincial government•holds arraignments (“how do you plead ...?“) and preliminary hearings for ALL criminal cases •provincial court overview

Superior Court of the Province (trial division)•Deals with more serious cases (indictable offences like murder or assault•-Hears appeals from the provincial courts•-Uses a judge or judge + jury

•BC Supreme/superior court•Compare provincial and superior courts

Superior Court of the Province (appeal division)•-hears appeals from the trial division of Superior Court•- 3-5 judges will hear each appeal case

•Appeal Courts

Supreme Court of Canada•-highest court and has unlimited powers to deal with criminal and civil cases•- 9 judges will hear only appeal cases or answer constitutional questions for gov’t •Young lawyer goes to supreme court

Supreme Court of Canada

Federal Court of Canada (trial division)•-deals with cases within federal jurisdiction such as immigration, military, citizenship or copyright, trade mark

Federal Court of Canada (appeal division)•deals with appeal cases emerging from the trial division of the Federal Court

Former Ontario Superior Court, Kitchener

FormerOntario Provincial Court, Kitchener

• Onatrio

New court house under construction in Kitchener on Weber St. near Frederick St.

• 30 courtrooms, including a large, high-security jury courtroom to handle high-profile trials

• 2,000-square-foot high-security courtroom will have a separate entrance, its own public security screening, its own jury room and own holding cell.

This new court house will combine the two Ontario Provincial Courts for our area along with the Superior Court into one building – 30 courtrooms, 500 CC cameras and special security features.

• Waterloo Record Article - new courthouse• Raising a Courthouse• designed to withstand multiple assaults and

explosions without flattening. It’s intended to partly collapse upon itself, then stabilize.

• The large windows are shatterproof to withstand explosions. Like a car windshield, windows will spiderweb but won’t blow out completely.

• 500 video cameras will monitor activity on every floor, in every cell, the loading dock area and even outside the building where people mingle and vandals could do damage at night, Bullock said.

• Staff will monitor the cameras from a control room. The only camera-free areas will be the courtrooms, judicial offices and cafeteria.

• The 20,000-square-foot cellblock will hold 151 prisoners, although Bullock estimates only about half the space will be used on many days. One corridor of the cellblock runs east-west up Weber Street.

TestersProvincial Court

Superior Court

Supreme Court

Superior Court (appeal division)

1) A woman wants to fight a speeding ticket.2) A man is charged with intent to traffic heroin.3) A man appeals a ‘guilty’ verdict reached in the

Superior appeals court.4) A woman is charged with $50 theft of food from

grocery store.5) The Crown is appealing a ‘not guilty’ verdict for a

kidnapping

• Courts of BC - Provincial Court - YouTube

Learning Goals• I can summarize the structure of the

criminal court system, including pathways of appeal

• I can describe the role of people involved in a criminal trial (e.g., lawyer, judge, jury, duty counsel, Crown attorney)

• I can explain key aspects of the criminal trial process, including jury selection and rules about the admissibility of evidence and the burden of proof

Participants in the CourtroomParticipant Role (in your own words) Judge Decision maker about legality of evidence, witnesses,

questions etc. Defendant Duty Counsel Tries to prove innocence of accused Tries to prove guilt of accusedCourt clerk He/she creates a record of everything said in the

courtroomSherriff Sherriff’s assistantWitness Group of 12 that decides guilt or innocence