Chapter 1 Flashcards
The 4 levels of court for criminal matters in Canada.
Supreme Court of Canada, Appellate Courts, Provincial Courts, Court of Queen’s Bench.
Which courts have inherent jurisdiction and which are statuatory?
Court of Queen’s Bench has IJ, the rest are stat.
The difference between what a court with inherent jurisdiction can do over a statutory court.
Superior courts have authority from the constitution, they can try any case. Also, they have jurisdiction not just from what’s set out in laws but also just from “common laws” and from the ability to judge. It gives the freedom to be flexible and creative with the statuatory laws set out.
Stat: Decision making comes from federal parliament or legislation so all powers are defined by terms of the statute.
The three sources that allow for the creation of our courts.
The Constitution Act, 1867
Charter of Rights and Freedoms, 1982
Judicial Independence
Section 92 (14) of the constitution act says:
The legislature has power to make laws in relation to the administration of justice in provincial courts as well as the procedures in those courts. Provincial leg makes courts
section 101 of the constitution act says:
The parliament of Canada has juridiction over constituting, maintaining, and organizing a general court of appeal and/or any additional courts to better administer the laws of Canada
section 91(27) of the constitution act says:
c
Section 96 of the constitution act says:
Court of appeal and queens bench, federal government pays and appoints them.
Section 11(d) of the Charter says:
Any person charged with a crime has the right to be innocent until proven guilty, and also to have a fair and public hearing by an independent and impartial tribunal
Section 10 of the charter says:
c
Section 7 of the charter says:
c
How judges are appointed (federally and provincially) and who pays them:
Provincial Court: by the province.
QB: by the feds.
Provincial Appellate: by the feds.
What is the difference between impartiality and independence vis a vis judges?
Impartiality: that the court is not biased or doesn’t seem to be. can’t be influenced by outside sources.
Independence: court’s separation from other branches of government - executive and legislative. based on 1. security of tenure, 2. financial independence, 3. Administrative independence.
Which courts can hear appeals?
Provincial Court of Appeal
Which courts have juries?
Court of Queen’s Bench
How files end up in the Supreme Court of Canada.
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What it means to say that Alberta does not a have a divided Bar
They are both barristers and solicitors. Which means:
How lawyers are governed
Self-governing
What stare decisis means and its importance
What’s been decided will stand- within your own province.
What is Judicial Independence
unwritten constitutional principle: what is constitutional authority, who is responsible for appointing, who is in charge of maintaining, what court do people go to
The types of trials provincial court judges sit on
Summary, 553 offence, or non469/553 indictable election.
What an absolute jurisdiction offense is and the section
553, its a crime that has to go before the provincial court, the AC doesn’t have to consent. Theft type offences. Will not have a jury.
The difference between absolute and exclusive jurisdiction.
absolute is 553 and exculisve is 469. 469 is charged by the supreme court of Canada and has a jury. It includes more serious crimes. every court can try every indictable crime but those under 469 must be tried in the supreme court.
The importance of the difference between summary, hybrid and indictable offenses.
Summary is for small crimes, theft under 500, etc. However, for larger crimes, they either fall under hybrid or indictable. If they are hybrid, mens rea is used to know whether it should be elected to indictable or summary. The election then gives the route that the case will go through the justice system. Summary goes to the summary conviction court than to the provincial court. indictable 469 goes to supreme court with a jury under exclusive jurisdiction, 553 goes to PC judge under absolute jurisdiction and no jury. if it’s not either of the specified sections, it will go to either PCJ, SCJ, or SCJ&J.
What court hears preliminary inquiries?
Provincial Court
The importance of sections 536 and 554 of the code
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What kinds of matters the supreme court hears?
Exclusive Juridiction, 469, Murder etc, or non-553/469 w/ or w/o a Jury.
The difference between a public (Crown) lawyer and a private lawyer.
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The 2 steps a Crown must consider before prosecuting a file.
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What it means to say defence is the “last friend” of the AC.
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The importance of a Rowbotham application
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Legal ethics - focus on confidentiality, advocacy, defence, and the Crown
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Know and understand section 606(1).1 of the code
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How is a criminal proceeding started either publicly or privately.
Information form?
The difference between procedure and classigication vis a vis summary or indictable offenses
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What a 785 Court is
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The different rights of election an AC has on an Indictable offense that is not a 553/469 offense.
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What is an indictment?
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The difference between an information and indictment
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section 504 of the code
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other avenues to deal with a file other than through a prosecution
AMP for adults and youth, therapeutic courts: 1). Mental Health Diversion 2). Drug Treatment Court
Why disclosure is important
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In a JJ trial, what does the judge do?
Question of law Directs on law Reviews evidence Gives opinions Direction for acquittal Air of reality Elements of offences Admissibility
In a JJ trial, what does the Jury do?
Direction on law from judge Decides facts Determines verdict Credibility, reliability, weight Applies law to facts.
