ep7 Flashcards
What 4 levels of courts deal with criminal cases?
Provincial/territorial courts, provincial/territorial superior courts, provincial appellate courts, and the supreme court of Canada.
Excluding Nunavut.
What are the courts responsible for?
Determining guilt or innocence, an appropriate sentence for the convicted, and that the rights of accused persons are protected.
What is judicial independence?
Judicial independence is the concept that the judiciary should be independent of other branches of the government and free of influence. it is viewed as being essential to the proper functioning of the courts.
What are the 4 levels of court in Manitoba?
Supreme court of Canada, provincial superior court(appeals), provincial superior court(trials), provincial court
What are problem-solving courts?
Specialized courts that are designed to divert offenders with special needs from the criminal justice system.
What is the intent of problem-solving courts?
To shift from an adversarial or legalistic approach to one centered on treatment and rehabilitation
What is therapeutic justice?
uses the law and the court’s authority as change agents to
promote the health and well-being of offenders, while ensuring that their legal rights are protected and that
justice is done.
An approach used in problem-solving courts.
What are the functions of the Indigenous people’s court?
Uses restorative justice approach in sentencing, draws upon indigenous culture and tradition, helps people who identify as First Nation, etc who are in conflict with the law, elders play a key role
What must be done to qualify for indigenous courts?
Must plead guilty and accept responsibility for their offences
What are circuit courts?
Court parties composed of a judge, court clerk, defense lawyer, counsel, and sometimes a translator that travels to communities to hold court.
What are the features of the provincial/territorial superior courts?
The highest level of courts in a province/territory, administered by provincial and territorial governments, judges are appointed and paid by the federal government, hear 10% of criminal cases, has two levels: trial and appeal.
What are the features of the supreme court?
The governor in council appoints the nine judges of the Supreme Court three being from Quebec, decisions of the court are final and cannot be appealed, cases are heard by an odd number of judges to avoid ties, and many cases are a leave to appeal the decision of a lower court
What is a reference case?
When a government asks the supreme court for a legal opinion on an important legal question.
What is the courtroom workgroup?
The criminal justice professionals, including the judge, Crown counsel, and defence lawyer, present in the criminal court courtroom, sometimes including witnesses.
What is the role of the judge in a courtroom?
interprets the law, assesses whether evidence can be admitted, rules on motions made by the Crown counsel and defense lawyer, and determines the truthfulness of evidence. serves as a gatekeeper of evidence
