Chapter 7- Structure And Operation Of The Criminal Courts

Question 0

Most frequent cases heard in criminal court

Answer 0

Impaired driving
Theft including motor vehicle theft
Common assault

Question 1

What are the courts responsible for

Answer 1

Determining guilt or innocence of accused person and imposing an appropriate sentence. Ensuring rights of accused are protected.

Question 2

Provincial and territorial courts

Answer 2

Have judges who are provincially appointed.
Jurisdiction over most criminal offences
Hear preliminary hearings in serious cases determining if there is evidence to proceed to trial

Question 3

Provincial and territorial superior courts

Answer 3

Judges federally appointed
Try the most serious cases
First appeal for the provincial courts

Question 4

Provincial and territorial courts of appeal

Answer 4

Judges federally appointed

Hears appeals from decisions in superior courts.

Question 5

Supreme Court of Canada

Answer 5

Established by parliament
Jude’s federally appointed by prime minister
Operates under Supreme Court act
Final court of appeal for criminal and civil law

Question 6

Federal court

Answer 6

Established by parliament
Judges federally appointed
Heads matters subject to federal statutes.

Question 7

Problem solving courts

Answer 7

Specialized courts designed to divert offenders with special needs from the justice system.
Includes drug treatment, mental illness and aboriginal courts. Focuses on rehabilitation and restorative justice

Question 8

Supreme Court of Canada decisions

Answer 8

Heard by an odd number of judges either 5,7 or 9. Only grants about 10% of requests for appeal

Question 9

Courtroom workgroup

Answer 9

Criminal justice professional including judge, crown counsel, defense lawyer

Question 10

Judge

Answer 10

Roles include interpreting the law and assessing evidence, ruling on motions made by crown and defense and determine truthfulness

Question 11

Defense lawyers

Answer 11

Represents persons who are charged with criminal offences. Rights of accused are protected. Presents evidence and questions witnesses experts and others.

Question 12

Crown counsel

Answer 12

Carries out tasks on behalf of the community rather than the victims of crime. Laying charges against accused

Question 13

Diversity in the judiciary

Answer 13

Older Caucasian males are most common. Women are not always represented well
3 women of nine judges on bench

Question 14

Preliminary hearing

Answer 14

Heading to determine if there is sufficient evidence to warrant a criminal trial.

Question 15

Trial by jury

Answer 15

Charter guaranteed the right to a jury if the alleged offence carries a maximum sentence of more than five years imprisonment
Jury must be unanimous

Question 16

Judicial independence

Answer 16

Judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law.

Question 17

Procedure in criminal cases

Answer 17

Either proceed by summary or indictable. If by summary the trial is in provincial court. If by indictable proceed by certain section offences and follow into either trial in provincial, superior with a judge or jury

Question 18

Section 553

Answer 18

Lists less serious indictable and hybrid offences and accused has no choice but to be tried in a provincial court
Theft, fraud, mischief

Question 19

Section 469

Answer 19

Murder,treason, piracy.

Must be tried in superior court before jury unless waived.