Part 4

Question 1

function of the courts

Answer 1

• determine guilt of innocence
• impose Sentences
• protect Rights
• balance Safety

Question 2

4 levels of judicial independence

Answer 2

1. provincial/territorial courts
2. provincial/territorial superior courts
3. provincial appellate courts
4. supreme court of Canada (SCC)

Question 3

provincial level

Answer 3

• lowest level where most cases begin and end
• no jury
• goes beyond this level if you are unsatisfied with you results

Question 4

superior court of justice

Answer 4

• cases come here if you are unsatisfied with the previous result
• federally appointed judge

Question 5

Indigenous courts

Answer 5

• more sensitive and take a less adversarial approach

Question 6

circuit courts (provincial/territorial)

Answer 6

• travelling courts in remote or northern areas experiencing a backlog of cases
• challenges include it being faster pace with less time to prepare for a case

Question 7

superior courts

Answer 7

• highest level of provincial and territorial courts
• judges appointed by feds
• two levels:
  1. trial
  2. appeal

Question 8

supreme court of canada (SCC)

Answer 8

• cases that haven’t been resolved at the provincial level come here as a last resort
• consist of 9 judges
• decisions are final and binding
• usually cases that affect the charter and are more complex

Question 9

appointment of judges

Answer 9

• appointed for life
• government-based selection committees
• prime minister and cabinet make selections typically
• governor general looks over the selected individuals and has the final say

Question 10

ethical standards of judges

Answer 10

• integrity
• impartiality
• objectivity
• duty to follow the law
• appropriate personal conduct

Question 11

judicial accountability

Answer 11

• canadian Judicial Counsel oversees every single judge in all levels of court
• oversee sentencings and conduct of judges

Question 12

challenges of case delay

Answer 12

• shortage of judges, judicial staff, courthouse staff
• complexity of cases
• ineffective use of resources
• inadequate case flow management

Question 13

pre-trial process step 1

Answer 13

• laying out information
• police usually responsible for this
• outlines the allegations that an individual contravened a criminal law
• a warrant for arrest or a summons to appear will be issued

Question 14

pre-trial process step 2

Answer 14

• laying a charge
• police and crown have great discretion to lay a charge
• charges are not laid in many cases
• the crown must approve before the police can lay a charge

Question 15

conditions and risk of bail

Answer 15

• statutory conditions
• other conditions
• electronic monitoring

Question 16

remand

Answer 16

the status of accused persons in custody awaiting trial or sentencing

Question 17

security certificates

Answer 17

1. non-canadian citizens
2. threat to security
3. secretive
4. deportation

Question 18

3 important parts of legal defence

Answer 18

1. right to counsel
2. legal aid
3. fit to stand trial

Question 19

order of arraignment and plea

Answer 19

1. charges read in open court → plea entered → guilty → sentencing
2. charges read in open court → plea entered → not guilty → to trial

Question 20

role of the crown in trial

Answer 20

• call witnesses
• present evidence
• prove guilt beyond a reasonable doubt

Question 21

role of the defence in trial

Answer 21

• motion to dismiss
• cross-examine witnesses
• challenge admissibility of evidence