Lesson 6

Question 1

Types of courts

Answer 1

Provincial / territorial: Smaller offences, low delay high volume. Prelemniary hearings are done here to check if this criminal case needs to go to a higher court. Tried before a judge alone

Provincial superior courts: Indectible offenses, can be tried by a judge or a a judge and jurry (usually the accused is given the option). Here the judge is appointed by the federal government as opposed to the provincial government. can be gone to by asking for an appeal (appeal of right)

Provincial court for appeals: Corrects decisions made from lower branches and tries to attain a more uniform application of the law. Must be gone through an appeal by leave ie, you request an appeal and the supreme court chooses if they want to take your case.

Question 2

Judges

Answer 2

The Adjudication of Disputes Models: Judges merely interpret the law

The Judicial Policy-Maker Model: Judges apply their own creativity and add to the law, since the law is unfinished in a sense.

judical independence: security of tenure (hard to be fired), financial security, institutional independence

Question 3

Lawyers

Answer 3

Crown Attorney: a public servant licensed to practice law who represents the state in criminal proceedings against the accused

Defence lawyer: represents accused individuals in criminal proceedings