Chapter 7 - Courts, etc

Question 1

open court principle

Answer 1

Gives the media the freedom to publicize court proceedings, although some information, such as the identity of a child victim of sexual abuse, may be
subject to a publication ban

Question 2

publication bans

Answer 2

Made by courts in order to protect the identity of some victims or specific information about cases.

Question 3

Provincial and territorial courts (inferior courts)

Answer 3

*most criminal offences (both summary and indictable);
*Family Law matters (e.g., child support and protection
adoption);
* youth justice
* traffic and bylaw violations;
* provincial and territorial regulatory offences;
* claims involving money;
* small claims,
* all preliminary hearings and inquiries.

Question 4

Provincial and territorial superior courts. (AKA Kings Bench)

Answer 4

serious criminal matters and family law cases including divorces.

Question 5

Provincial and territorial courts of appeal

Answer 5

Appellate courts hear criminal cases from the provincial and territorial courts or the superior courts.

Courts of appeal can hear “commercial disputes, property disputes, negligence claims, family disputes, bankruptcies, and corporate reorganizations.

Decisions:
Dismissing the appeal (after the court finds that there were no serious errors at trial) or ordering a new trial if the court finds that there were serious errors.
Sentences imposed by lower courts can also be increased or lowered by appellate courts.

Question 6

Supreme Court of Canada

Answer 6

has jurisdiction over disputes in all four areas of the law: administrative, civil, constitutional, and criminal.

Between 2007 and 2017 the Court received an average of 460 applications per year (which are called a “leave to appeal”) and heard an average of 56 cases a year.

Will only hear cases they consider important and that have a national interest, although some offenders have the automatic right to appeal.

Question 7

justice of the peace

Answer 7

A person who is appointed to carry out judicial functions such as authorizing searches, reviewing the legality of a suspect’s detention, and determining whether there are sufficient grounds for a criminal case to proceed to court.

Question 8

judicial interim release

Answer 8

A form of pretrial release where defendants can be released on their promise to appear in court or by providing bail.

Question 9

surety

Answer 9

A responsible person, such as an employer or family member, who ensures that the accused will appear in court.

Question 10

courtroom work group

Answer 10

Composed of the judges, Crown prosecutors, defence counsel, and court clerks from a local court.

Question 11

going rate

Answer 11

The average sanction or punishment for a criminal offence in a local court, which can vary between different courts.

Question 12

jury nullification

Answer 12

Occurs when a jury refuses to convict an individual who is obviously guilty, as the jury believes that the conviction and punishment are worse than the crime that was committed.

Question 13

special prosecutors

Answer 13

Experienced lawyers who are appointed by a province or territory to investigate offences where government prosecutors might be perceived as biased, such as the investigation of an alleged case of prosecutorial misconduct.

Question 14

provincial prosecutors

Answer 14

Officials (including police officers in some courts) who prosecute minor criminal cases (e.g., summary matters), traffic cases, and infractions of local bylaws

Question 15

paralegals

Answer 15

Licensed paralegals have some legal training and perform legal work for law firms and lawyers.

Question 16

court clerks

Answer 16

Responsible for ensuring that a court’s paperwork and records are maintained, creating the court’s docket, and sometimes administering oaths to witnesses.

Question 17

docket

Answer 17

The list of cases scheduled for court for the day.

Question 18

Indigenous courtworkers

Answer 18

Provide services to Indigenous people accused of an offence and to their family members, including advocating on the accused’s behalf, providing information about the accused’s rights and what to expect in court, and offering translation services.

Question 19

sheriffs

Answer 19

In many provinces, sheriffs provide court security and transport prisoners from the court to correctional facilities.

Question 20

specialized courts

Answer 20

Courts that specialize in working with distinctive groups of offenders, including people with mental illnesses or individuals convicted of specific offences such as domestic violence. Also called problem-solving courts or therapeutic courts.

Question 21

graduated sanctions

Answer 21

Punishments that start with the least restrictive response and then become more severe if the individual continues to reoffend.

Question 22

representativeness

Answer 22

A concept related to the composition of juries and whether they reflect the demographic characteristics of a community.

Question 23

jury rolls

Answer 23

The lists from which a jury is drawn; in Ontario, lists of potential jurors are compiled using the most recent voters’ lists and the band lists from First Nations.