Civics 3.0 Flashcards
The crown
A group of lawyers accusing someone of committing a crime
The défense
A group of lawyers defending someone who is accused of a crime
Convicted
A person who is found guilty of a crime
Appeal
A second case called for by the défense of the crown
Provincial court
1.criminal court
2.youth justice court
3.family court
4.small claims court
Superior courts of province
-highest criminal and civil courts
-has jurisdiction in criminal and civil matters
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Federal court
Hears appeals from federally appointed boards
Supreme Court
-highest appeal court of Canada
Chief of justice
Richard Wagner+8 others
Crime
Deliberate, reckless or negligent act that injures another person or causes damage to property
Mens rea
Guilty mind, criminal intent
Actually reus
Actual behaviour, not a fantasy
Summary offence
Ex.vagrancy, drug possession, causing disturbance
Penalty=$5000, 6 months in jail
Served in provincial jail if LESS than 2 year sentence
Actus reus
Actual behaviour
Indictable offenses
Ex.Armed robbery,sexual assault,murder
The accused can dedide if they want a judge or jury trial
Sentence longer than 2 years=federal prison
Hybrid offences
Ex. Possession of weapon obtained by crime, sexual exploitation, cruelty to animals
The crown decides how they want to treat it
The judge
-appointed to try cases in a court of law
-sentence convicted persons
-make decisions about allowable evidence
-interpret the law
Justice of the peace
-less authority than a judge but can still do some thing s
Justice of the peace
-less authority than a judge but can still do some thing a
The defense council
Lawyers hired to defend the accused
Duty council
Gives free legal advice to persons brought before the court
Crown attorney
-the lawyers representing the government
-responsible for bringing evidence forward
Court personnel
Court clerk- keeps records of trial
Security officer- handles accused
Sherrif-responsible for jury
Baling-assists sheriff
The jury
1.group of 12
2.chosen from a pool of ordinary citizens
3.deliberate on evidence
4.make a unanimous decision
Witnesses
-give evidence under oath
-appear in court by a subpoena
-contempt of court if witness doesn’t show
-perjury=14 years in jail
Rule of the law
-People can only be punished for actually breaking the law
-all citizens are equal before the law
Specific allegation
People have the right to know exactly which criminal code offence they are being charged with
Case to meet
Individuals don’t have to appear in court unless sufficient evidence
The crown can’t force the accused to testify
Innocent until proven guilty
The crown must prove the case beyond reasonable doubt
Open and public trial
Trials must be open to the media and public
Independent and impartial adjudication
Judges must have no connection to the case and be impartial
Rules of evidence
-leading questions(suggesting)
-hearsay statements(heard from someone else)
-opinion statements(cannot ask witness opinions)
-irrelevant questions( no bearing on case)
Direct evidence
(
eyewitness testimony by witnesses
Circumstantial
Indirect evidence that helps erase doubt of defendant’s guilt
Character
Makes it appear likely that the defendants either would or wouldn’t do the crime based on personality
Appeals
If either side is unhappy, case can be appealed
Heard by panel of 3-5 judges
Majority decision
Charter of rights and freedoms(5points)
- Protects Canadians against the state
2.protects minorities against parliamentary majorities
3.applies to anyone in Canada
4.the right to vote ONLY applies to citizens - More general than specific language
British North American act
July 1st 1867
4 provinces started it
Last province to join was Newfoundland in 1949
Our rights
Life, fair trial, personal security
Our freedoms
Expression,assembly, religion
