Final Flashcards
What are some of the primary reasons doe case backlog and delay?
Lack of judicial resources, ineffective use of resources, too few judges, complexity of criminal cases, inadequate case flow management, efforts of defence counsel to lengthen period of time that accused are confined prior to trial (bc can be taken off of sentence)
What ruling redefined the constitutional right to trial within a reasonable time?
R. v. Jordan (2016 SCC 27)
What was the procedure for appealing delayed cases before Jordan?
Judges could determine that case delay violated constitutional right to be tried within a reasonable time (sec. 11) and order a stay of proceedings or dismissal
What was established in Jordan?
Timelines for the disposition of cases in the courts from the time the person is charged to the actual or anticipated end of trial. 18 months for cases in prov. court, 30 months for superior court (or cases in prov court after prelim inquiry)
Under Jordan what happens to cases that go too long without trial?
They are dropped.
What is the exception for the timelines in Jordan?
If the defence is the one delaying, then that’s on them.
What is the role of the judge?
Interpret law, asses whether or not evidence can be admitted, rules on motions made by the crown counsel and defence lawyer, determines the truthfulness of evidence, most cases also includes making decision of guilt, passing sentence, serve as gatekeeper of evidence.
Who was the judge that got removed from the bench? What happened?
Judge Robin Camp. Was ruling over a sexual assault trial and made many blaming comments, very inappropriate and acquitted the accused. Was referred to Canadian judicial committee and then 2 years after he was removed from bench.
What is the flaw of having lawyers be promoted lawyers?
When they are lawyers they are specialized in something, but then they become general judges and have to know things they don’t.
What do JPs do?
issue search warrants, conduct bail hearings, preside over regulatory offence hearings, preside in small claims court, work in court registries, handle court scheduling.
What does the crown counsel do?
Lawyers that represent the crown in court, prov. appointed ones prosecute criminal code offences, fed appointed ones prosecute people charged with violating federal offences.
What is the role of defence lawyers?
Ensure rights of accused person are protected, often involved in negotiating plea for their client, present evidence against crown, question and cross-examine witnesses, challenge evidence presented by crown.
What is an expert wintess?
Person who has expertise to testify about something in court.
What is duty counsel?
Part of a provincial or territorial legal aid plan, ensure that people who cannot hire a private lawyer have representation, first point of contact for detained or arrested person.
What is the eligibility for duty counsel?
Must make less than 26,500.
What is the agreement to pay program and the eligibility?
Can pay off the cost of a lawyer over time without interest, unless you miss a payment. Must make less than 38,000.
What are other personnel in the courtroom?
Court administrators/clerks: performa variety of administrative tasks, most importantly stenography.
Sheriffs: support the court by assisting in jury management, escorting accused and convicted persons and providing security in the courtroom.
How do summary conviction offences get adjudicated? Arrest? Remand? Max punishment?
Through a provincial court with a judge alone trial. Unlikely that one would be formally arrested or taken into custody. Max punishment of 5000 dollars or 6 months in jail or both.
What are some examples of summary offences?
Simple assault, trespassing, public disturbance, failing to appear in court, public intoxication, theft under 5000, violating probation.
What are hybrid offences?
Under section 553 of CC, more serious than summary but not the most serious. The crown has the option to proceed summarily or via indictment. Bench trial with an 18 month deadline.
What is an indictable offence?
It is the most serious kind of offence, carries a maximum prison sentence of 14 years to life. Ex. murder, robbery and aggravated sexual assault.
What are the three categories of indictable offence?
Offences under the absolute jurisdiction of provincial court (no jury), offences under the absolute jurisdiction of superior courts
electable offence (right of accused to choose to be tried by judge or jury.)
What are some example electable offences?
manslaughter, robbery, attempted murder.
What offences are non-electable? What does that mean for the type of trial?
Under section 469. Murder, treason, piracy. The cases must be tried in front of jury unless both parties agree against it.
What is a preliminary hearing?
Hearing to determine whether or not there is sufficient evidence to warrant a criminal trial, aka is is prima facie.
What goes down in a pre-lim hearing?
Magistrate or provincial court judge listens to some or all of the crown witnesses. Judges decides if Crown has evidence that could be used to prove guilt.
What is preferring the indictment?
Rare care where the attorney general can skip the prelim hearing and go straight to trial.
Can accused waive their right to prelim hearing?
Yes.
What is an electable offence?
Most indictable offence, means the accused has three modes of trial to choose from.
What are the three modes of trial for electable offences?
- trial by a provincial or territorial court judge
- trial by a superior court judge sitting alone
- trial by a superior court judge and jury
What is the reasoning between choosing or not choosing a jury trail?
Jury: if defendant is attractive, charismatic, etc..
Judge: easier to prove innocent to one person than 12, if you’re not gonna be likeable there is no point to jury trial
Charter of rights and freedoms guarantees the right to a jury trial is the alleged offence carries a maximum sentence of more than ___ years imprisonment?
5
What are the legal rights for every citizen under chapter 11?
to be informed without reasonable delay of the specific offence, to be tried within a reasonable time, not to be compelled to be a witness in proceedings against that person in respect of the offence, be presumed innocent until proven guilty, not be denied reasonable bail without just cause, to benefit by trial by jury, not be found guilty on account or omission unless at the tie of the act it was illegal.
When is a bail hearing needed?
When someone is formally charged.
Who’s job is it to prove that bail should be denied? What is the process called?
The prosecution. The process of changing.
When is someone not entitled to bail?
When they are proven as a flight risk, pose a severe pervasive threat to another citizen, criminal history that shows non-compliance with past bail orders.
Are most people granted bail? Why?
Yes, it is a high standard for someone to be denied it.
What is a PRA?
Prison risk assessment, to figure out what security level of prison to get sent to.
Is solitary confinement a thing in Canada?
Not technically, thus it’s called something different.
What is the loophole with solitary confinement?
Not supposed to fo it for more than 60 days but someone could be transferred to another jail on 59th day and start again.
What is miltary law?
Type of mall for those involved in the military. Has different crimes, like adultery. If a married woman is sexually assaulted and they cannot find the accused guilty they will then charge the woman for adultery.
What is an appearance notice?
A document that sets out the details of the allegation against accused, issued following the laying of information. Warns accused of failure to show up, details what offence was committed and has date and time of court hearing.
What is specific about an appearance notice for an indictable offence?
Has a date for the accused to get fingerprinted.
What is a summons?
Document given in person by a police officer to someone formally charged with a crime, has allegation and direct the person to appear in court on a certain day. Can also be used for witnesses.
