Ch.7

Question 1

4 levels of court that deal with CRIMINAL cases

Answer 1

Provincial/Territorial courts
Provincial/Territorial superior courts
Provincial appellate courts
Supreme Court of Canada

Question 2

Nunavut Court of Justice

Answer 2

Unified single level court, powers of lower courts are combined into one superior court
Judges hear all cases

Question 3

Courts job

Answer 3

Determine guilt/innocence

And then appropriately apply a sentence

Question 4

Judicial independence

Answer 4

Citizens have the right to have their cases tried by tribunals that are FAIR and IMPARTIAL and IMMUNE from political interference

Question 5

Ontario provincial court structure: two divisions

Answer 5

Superior court of justice

Ontario court of justice

Question 6

Provincial court system

Answer 6

• 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

Question 7

Provincial/Territorial specialised problem solving courts

Answer 7

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

Question 8

Therapeutic Justice

Answer 8

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

Question 9

Section 718.2(e) of the Criminal Code

Answer 9

Requires the judges to consider sentencing options other than incarceration, particularly for Indigenous offenders

Question 10

Gladue courts

Answer 10

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

Question 11

Tsuu T’ina nation peacemaker court

Answer 11

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

Question 12

Provincial/Territorial circuit courts

Answer 12

Parties: judge, court clerk, defence lawyer, crown counsel, maybe a translator
Travel to communities, every month or quarterly

Question 13

Provincial/ territorial superior courts

Answer 13

HIGHEST level of courts 
JUDGES are paid for and appointed by FEDERAL government 
TWO LEVELS: 
-trial 
-appeal

Question 14

Trial level superior court

Answer 14

Hear serious criminal offences

AKA Supreme Court, Court of Queens Bench

Question 15

Appeal level superior court

Answer 15

Hears CRIMINAL appeals and CIVIL appeals from the SUPERIOR trial court
AKA court of appeal

Question 16

What happens if at least one appellate judge dissents(doesn’t agree with majority)?

Answer 16

The unsuccessful party may pursue another appeal at the federal level

Question 17

The Supreme Court of Canada

Answer 17

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

Question 18

What cases do the Supreme Court of Canada hear?

Answer 18

Grants 10% of requests,

Interpretations one direction charter of rights and freedoms OR complicated issues in private and public law

Question 19

R.v. sharpe

Answer 19

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

Question 20

Justice of the Peace

Answer 20

• not lawyers

- issue search warrants/bail hearings

Question 21

Duty counsel

Answer 21

First point of contact for a person whose been detained or arrested

Question 22

Crown counsel

Answer 22

“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

Question 23

Where do judges come from?

Answer 23

Provincial court level- appointed by PROVINCIAL governments

Superior courts are appointed by FEDERAL government

Question 24

Judicial Advisory Committee

Answer 24

Lawyers and laypersons appointed by the attorney general
Forward nominations to the justice minister
SCC- prime minister and cabinet

Question 25

Judicial independence

Answer 25

The notion that JUDGES are not subject to pressure and influence and are free to make IMPARTIAL decisions based solely on FACT and LAW

Question 26

Canadian Judicial Counsel

Answer 26

Created under judges act
Chaired by Chief Justice of Canada
Composed of judges

Question 27

Case backlog reasons

Answer 27

Lack of JUDICIAL resources
INEFFECTIVE use of resources
FEW judges
Case flow management sucks

Question 28

SCC in R.v.Jordan

Answer 28

Bc man, experienced 4 year delay
Dismissed the charges and set up
18 months for provincial court
30 months for superior court