Lesson Plan 1: Intro to Criminal Justice System & Procedure Flashcards
Who has power to pass criminal laws?
Parliament under section 91, and section 92 grants power to the provinces
What is a crime?
An act or omission regarded as a serious offence against an individual of the state and punishable by law
What constitutes an offence?
- All criminal offences in Canada must be in the Criminal Code or the Control of Drugs & Substances Act or it’s not an offence
- One exception under s. 9 of Code regarding contempt of court
Adversary System
- Triers of Law
- Triers of Fact
Adversaries: Crown/Defence Counsel
Triers of Law
Always the judge.
Triers of Fact
Can be a judge or a jury.
4 Main Features of the Adversary System
- Triers of fact and law are mostly passive/neutral
- Counsel for each litigant are active players, arguing strongly for their clients’ positions
- The accuser (Crown) must establish case beyond a reasonable doubt
- Trial by jury is available for serious cases
Structure of Canadian Criminal Courts
- Provincial Court of Alberta
- Court of Queen’s/King’s Bench in Alberta
- Court of Appeal
- Federal Courts
- Supreme Court of Canada
Precedent/Stare Decisis
- Decisions of higher courts bind lower courts within the provincial hierarchy of courts
- Decisions from other provinces are persuasive, but not binding
- SCC binds all lower courts
Zombie Laws
Laws that exist still in the Criminal Code but are really dead/not active
Role of the Crown
- Government employed lawyers that prosecute criminal matters
- Can be provincially/federally hired
- Typically not involved in evidence gathering, except through questioning witnesses
- crown/police cooperate in criminal investigation
- each prosecutor is a Minister of Justice
- Crowns have wide discretionary powers
Disclosure Rule
All information gathered by the court has to be turned over to the Crown, which then has to be turned over to the Accused.
Role of the Defence
- Persons charged with an offence have a constitutional right to counsel
- Defence counsel protect the rights of the accused in the legal process
- Defence lawyers are not fixers who get guilty people out of trouble
- Ensure the Crown provides full disclosure of evidence regarding case
- Ensure evidence was collected legally
- Put forward all evidence supporting accused’s case at trial
- Cross-examine Crown witnesses
- Identify errors and appeal when required
- Abide by ethical considerations
3 Rules that Defence Counsels Operate Within?
- Ethics
- Evidence
- The Rule of Law
Legal Aid in Alberta
- Low income accused may apply to legal aid for coverage
- If granted, a certificate is issued to a member of the Defence bar
- Members of the Defence bar submit their names to Legal Aid
Adversarial Ethics
Acting proper and professionally in court.
Law Society of Alberta - Code of Professional Conduct
- Lawyer shares responsibilities of all persons to society and has special duties as an officer of the court
- Contains discretion regarding:
1. Maintaining public confidence in the justice system
2. Commitment to improving access to justice
3. Client confidentiality (identity of clients, control of their records, etc.)
4. Code applies to both Crown and Defence
Ethical Position of the Crown/Main Duties of the Crown
- To represent Her Majesty and to put the case before the court
- Dispassionately and objectively put all of the facts before the court
Prosecutorial Misconduct
Improper motive or bad faith in the approach, circumstances, or ultimate decision to repudiate.
Ex: Abuse of Process
Classification of Offences
- Summary
- Hybrid
- Indictment
Classification of Offences from Least Serious to Most?
- Summary
- Hybrid
- Indictment
Types of Indictable Offences?
- 469 Offences
- Absolute Jurisdiction Offences
- Accused Election
469 Offences
- Exclusive jurisdiction of the superior court
- Must be tried by judge and jury unless Crown and accused consent to waive jury
- Ex: Murder, Treason
Absolute Jurisdiction Offences
- Within the absolute jurisdiction of the provincial court
- Tried in provincial court only
- Ex: theft under 5000 dollars
Accused Election
The accused has choices of who to be tried by (if Crown wants to proceed by indictment).
Options for Accused Election?
Accused can elect to be tried by:
1. provincial court trial by judge alone
- superior court trial by judge alone
- superior court trial by judge and jury
In a Judge & Jury trial, who is the trier of law/fact?
Trier of law = judge
Trier of fact = jury
- decides guilt or innocence beyond a reasonable doubt
Commencement of Proceedings
- Complaint/Investigation
- Laying of the Information
- Apprehension/Arrest
- Bail/Judicial Interim Review
- Preliminary Inquiry
- Trial
- Voir Dires
- Verdict
- Sentencing
- Appeals
Complaint/Investiagtion
- Occurs when a person makes a complaint to police, either as:
1. a complainant (victim of a crime) or
2. a witness - Police may initiate an investigation themselves
Laying of the Information
- Sworn document by an informant/police officer in front of a justice
- Must swear that they have reasonable grounds to believe that a particular person committed an offence
What does the Information include?
- name of informant
- name of accused
- alleged offence
- date
- jurisdiction
- DOB of accused
Arrest & s.10 Rights
Upon arrest, an accused person’s 10(a) and 10(b) Charter rights are engaged
Grounds for keeping an accused in custody?
- if the accused will flee before court
- accused could intimidate witnesses
- evidence is overwhelming & charge is serious
- track record of not showing up to court/violent history
Bail/Judicial Interim Review
- Section 11(e) of the Charter: “Any person charged with an offence has the right not to be denied reasonable bail without just cause”
- The law says that the accused is presumed to be released, and so if the prosecution wants to keep this person in custody, they must show good case
Alternatives for some accused persons?
- AMP (Alternative Measures Program)
- Mental Health Court
- Indigenous Courts
- Drug Treatment Court
Preliminary Inquiry
- If the offence is 14 years or more, the accused can elect to not to go straight to trial but to have a preliminary inquiry
- Initial test of whether there is sufficient evidence to commit an accused to stand trial for an offence
Trial
Voir Dires
- Used when a judge needs to make a ruling on admissibility of certain evidence, such as a confession
Ex: an involuntary statement/confession
Verdict
For jury cases, must be unanimous.
Sentencing
- If a verdict of guilty is delivered, there is a sentencing hearing
- In some cases, a Gladue Report may be ordered for Aboriginal offenders
Appeals
Appeals are not trial de novo - they are based on the record formed at trial (ie: transcripts, exhibits)
