Ch.7 Flashcards
4 levels of court that deal with CRIMINAL cases
Provincial/Territorial courts
Provincial/Territorial superior courts
Provincial appellate courts
Supreme Court of Canada
Nunavut Court of Justice
Unified single level court, powers of lower courts are combined into one superior court
Judges hear all cases
Courts job
Determine guilt/innocence
And then appropriately apply a sentence
Judicial independence
Citizens have the right to have their cases tried by tribunals that are FAIR and IMPARTIAL and IMMUNE from political interference
Ontario provincial court structure: two divisions
Superior court of justice
Ontario court of justice
Provincial court system
- LOWEST of all courts
- All CRIMINAL cases begin and end in them
- JUDGES: appointed by the provinces and territories and also fund them, therefore have jurisdiction over them
- Hear cases under Youth Criminal Justice System
- Hear family courts and small claims courts
Provincial/Territorial specialised problem solving courts
Attempt to divert offenders with special needs from the criminal justice system
(E.G. community court, drug court, mental health, indigenous)
1) focus on addressing the underlying problems of offenders
2) interagency and interdisciplinary collaboration
3) accountability of the community
Therapeutic Justice
Approach in problem solving courts that uses the law and the courts AUTHORITY as CHANGE agent to promote health and well being of OFFENDERS, all while ensuring legal rights are protected and justice is done
Section 718.2(e) of the Criminal Code
Requires the judges to consider sentencing options other than incarceration, particularly for Indigenous offenders
Gladue courts
R.V.Gladue
Specific attention must be given by the criminal justice system to the unique circumstances of Indigenous persons whenever their LIBERTY is at stake
Tsuu T’ina nation peacemaker court
Provincial court has an Indigenous judge, crown prosecutor, and court clerks
Circle of HEALING involving elders, the victim, the offenders and others.
DISCUSS what happened, the IMPACT of the offenders actions and what should be done
Provincial/Territorial circuit courts
Parties: judge, court clerk, defence lawyer, crown counsel, maybe a translator
Travel to communities, every month or quarterly
Provincial/ territorial superior courts
HIGHEST level of courts JUDGES are paid for and appointed by FEDERAL government TWO LEVELS: -trial -appeal
Trial level superior court
Hear serious criminal offences
AKA Supreme Court, Court of Queens Bench
Appeal level superior court
Hears CRIMINAL appeals and CIVIL appeals from the SUPERIOR trial court
AKA court of appeal
What happens if at least one appellate judge dissents(doesn’t agree with majority)?
The unsuccessful party may pursue another appeal at the federal level
The Supreme Court of Canada
Located in Ottawa, hears cases from all provinces and territories,
Established under the Constitution Act (1867),
NINE judges
3 from QUEBEC
DECISIONS are FINAL cannot be appealed
What cases do the Supreme Court of Canada hear?
Grants 10% of requests,
Interpretations one direction charter of rights and freedoms OR complicated issues in private and public law
R.v. sharpe
Supreme Court UPHELD the law of possession of child pornography
- 2 counts of child porn
- young boys engaged in sexual activities and stories that he had written
Justice of the Peace
- not lawyers
- issue search warrants/bail hearings
Duty counsel
First point of contact for a person whose been detained or arrested
Crown counsel
“Cornerstone of the criminal justice system”
- carry out their tasks on behalf of the community rather than the victims of the crime
- provide advice to police officers at the pre charge stage
- prep for trial
- interview victims/witnesses
Where do judges come from?
Provincial court level- appointed by PROVINCIAL governments
Superior courts are appointed by FEDERAL government
Judicial Advisory Committee
Lawyers and laypersons appointed by the attorney general
Forward nominations to the justice minister
SCC- prime minister and cabinet
Judicial independence
The notion that JUDGES are not subject to pressure and influence and are free to make IMPARTIAL decisions based solely on FACT and LAW
Canadian Judicial Counsel
Created under judges act
Chaired by Chief Justice of Canada
Composed of judges
Case backlog reasons
Lack of JUDICIAL resources
INEFFECTIVE use of resources
FEW judges
Case flow management sucks
SCC in R.v.Jordan
Bc man, experienced 4 year delay
Dismissed the charges and set up
18 months for provincial court
30 months for superior court
