Part 5 - begins final

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

Question 22

traditional court

Answer 22

• adversarial/legalistic
• backward-looking
• offence-focussed
• offender plays a passive role
• sanction focussed

Question 23

problem-solving court

Answer 23

• restorative
• collaborative
• forward-looking
• community involvement
• problem-focussed

Question 24

actors in the courtroom

Answer 24

1. judge
2. justice of peace
3. defence lawyer
4. duty counsel
5. crown counsel
6. court clerks
7. sheriffs

Question 25

role of a judge

Answer 25

• “trier of fact”
• interprets law
• rules on motions
• determines truthfulness of evidence
• makes decisions on guilt or innocence
• “gatekeeper” of evidence

Question 26

justice of peace

Answer 26

• set out in federal and provincial/territorial statutes and regulation
• preside over cases at the p/t level

Question 27

defence lawyers

Answer 27

• represent people who are charged with a criminal offence
• ensure that the rights of the accused person are protected throughout the criminal justice process

Question 28

duty counsel

Answer 28

• first point of contact for a person who has been detained or arrested
• can also represent an accused in court

Question 29

crown counsel

Answer 29

• responsible for prosecuting criminal cases
• provincially appointed Crown attorneys prosecuting Criminal Code offences
• federally appointed Crown attorneys prosecuting persons charged with violating other federal statutes

Question 30

court clerks/registrars

Answer 30

perform a variety of administrative tasks

Question 31

indictable offences

Answer 31

• generally, a more serious criminal offence that may carry maximum prison sentences of 14 years to life
• examples include murder, robbery, and aggravated sexual assault

Question 32

summary conviction offence

Answer 32

• generally, a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (not to exceed $5,000) or six months in a provincial correctional facility, or both

Question 33

hybrid/elective offences

Answer 33

• offences that can be proceeded summarily or by indictment
• a decision that is always made by the Crown.

Question 34

preliminary hearing

Answer 34

a hearing to determine if there is sufficient evidence to warrant a criminal trial.

Question 35

ways to compel an appearance of an accused

Answer 35

1. appearance notice
2. summons
3. arrest

Question 36

release by police

Answer 36

• arrest without warrant
• summary or elective offences
• indictable offences

Question 37

bail or judicial interim release

Answer 37

• JP or judge
• taken to court in 24 hours
• cause hearing

Question 38

arraignment

Answer 38

• the charges are read in open court, and the accused can enter a plea
• a plea of guilty is entered, the case goes directly to sentencing
• a plea of not guilty results in the case being bound over for trial

Question 39

plea bargaining

Answer 39

• an agreement whereby an accused pleads guilty in exchange for the promise of a benefit
• e.g. the Crown can promise the possibility of a lower sentence by with- drawing some charges

Question 40

mode of trial

Answer 40

judge or jury