What is judicial independence
- fair, impartial trials
- no political interference
Draw the picture of Canada’s Criminal Court System
DRAW
what are features of prov/territorial courts
- most criminal cases
- no juries
- young offenders, provincial statute violations cases
- more preside over preliminary inquiries
What are the problem solving courts
- shift from adversarial system to problem solving/rehabilitation
- collaboration
- accountability to community
- involve THERAPEUTIC JUSTICE
- challenges - non completion, non compliance, conditions imposed
what are challenges of prov/terr circuit travelling courts
- backlog of cases
- time constraints
- language and cultural barriers
- sentencing
What are the two levels of prov/terr superior courts
- trial - 10% of criminal cases
- court of 1st appeal for prov/terr courts - Appeal - court of 1st appeal for trial division of superior court
What are features of SCC
- established under constitution act
- court of last result
- 5,7,9 judges hear cases
- 9 judges - 3 from Quebec
what cases typically involve in SCC
- interpretations of charter
- complicated issues - private/public law
- grants 10% of appeal requests
why aren’t charges laid in all cases?
- legal reasons - evidence reliable?admissible?
- administrative reasons - costs and time
- general reasons - victim uncooperative, witness/suspect dies
What are summary conviction offences
- prov/terr courts
- less serious offences
-judge alone
-max penalty - fine<5000, or imprisonment not more than two years less a day
What are indictable offences
- some in prov/terr, others in superior
- serious offences
- may involve PRELIMINARY HEARINGS, juries
- max = up to life
What are hybrid offences
- crown decides how offence is tried
who comprises the courtroom workgroup
crown prosecutor, defense council, accused, judge, court documenter
What are the role of crown counsel
- represent government
- prosecutes criminal cases
- negotiate pleas, prepare for trial, appealing sentences
- considerable discretion
What are challenges of crown counsel
- heavy workloads
- budget cuts
- prosecution of sensitive cases
What is judicial interim release (bail)
- release of person charged with criminal offence before trial
- crown opposes release during show cause hearing
- sometimes reverse onus
What is reverse onus
accused must justify release
what may bail require
- recognizance: forfeit money if fail to appear in court
- surety - friend or relative who ensures accused person will appear in court, if don’t show, forfeit money
- conditions imposed
What is pre-trial remand
- denied bail, yet to appear before judge, awaiting trial, sentencing, or start of sentence
- represent 60% of people in prov/terr custody
- overcrowding
what is plea bargaining
- accused pleads guilty in exchange for
- withdrawal/reduce charges
- get concurrent vs consecutive sentences
- joint submission about sentencing
what are advantages of plea bargaining
- accused admits guilt
- saves time and money
- reduces case backlog
- complainants don’t testify
- get evidence to prosecute co defendants
- doesn’t compromise administration of justice
What are disadvantages of plea bargaining
- brings administration of justice into disrepute
- not open to public scrutiny
- places pressure on defendants
What is disclosure of evidence
crown must release all relevant evidence to defence, especially exculpatory evidence
what is restitution
- financial compensation… or other compensation
