Part 5 - begins final Flashcards
1
Q
function of the courts
A
- determine guilt of innocence
- impose Sentences
- protect Rights
- balance Safety
2
Q
4 levels of judicial independence
A
- provincial/territorial courts
- provincial/territorial superior courts
- provincial appellate courts
- supreme court of Canada (SCC)
3
Q
provincial level
A
- lowest level where most cases begin and end
- no jury
- goes beyond this level if you are unsatisfied with you results
4
Q
superior court of justice
A
- cases come here if you are unsatisfied with the previous result
- federally appointed judge
5
Q
Indigenous courts
A
- more sensitive and take a less adversarial approach
6
Q
circuit courts (provincial/territorial)
A
- 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
7
Q
superior courts
A
- highest level of provincial and territorial courts
- judges appointed by feds
- two levels:
1. trial
2. appeal
8
Q
supreme court of canada (SCC)
A
- 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
9
Q
appointment of judges
A
- 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
10
Q
ethical standards of judges
A
- integrity
- impartiality
- objectivity
- duty to follow the law
- appropriate personal conduct
11
Q
judicial accountability
A
- canadian Judicial Counsel oversees every single judge in all levels of court
- oversee sentencings and conduct of judges
12
Q
challenges of case delay
A
- shortage of judges, judicial staff, courthouse staff
- complexity of cases
- ineffective use of resources
- inadequate case flow management
13
Q
pre-trial process step 1
A
- 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
14
Q
pre-trial process step 2
A
- 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
15
Q
conditions and risk of bail
A
- statutory conditions
- other conditions
- electronic monitoring
16
Q
remand
A
the status of accused persons in custody awaiting trial or sentencing
17
Q
security certificates
A
- non-canadian citizens
- threat to security
- secretive
- deportation
18
Q
3 important parts of legal defence
A
- right to counsel
- legal aid
- fit to stand trial
19
Q
order of arraignment and plea
A
- charges read in open court → plea entered → guilty → sentencing
- charges read in open court → plea entered → not guilty → to trial
20
Q
role of the crown in trial
A
- call witnesses
- present evidence
- prove guilt beyond a reasonable doubt
21
Q
role of the defence in trial
A
- motion to dismiss
- cross-examine witnesses
- challenge admissibility of evidence
22
Q
traditional court
A
- adversarial/legalistic
- backward-looking
- offence-focussed
- offender plays a passive role
- sanction focussed
23
Q
problem-solving court
A
- restorative
- collaborative
- forward-looking
- community involvement
- problem-focussed
24
Q
actors in the courtroom
A
- judge
- justice of peace
- defence lawyer
- duty counsel
- crown counsel
- court clerks
- sheriffs
25
role of a judge
- “trier of fact”
- interprets law
- rules on motions
- determines truthfulness of evidence
- makes decisions on guilt or innocence
- "gatekeeper" of evidence
26
justice of peace
- set out in federal and provincial/territorial statutes and regulation
- preside over cases at the p/t level
27
defence lawyers
- represent people who are charged with a criminal offence
- ensure that the rights of the accused person are protected throughout the criminal justice process
28
duty counsel
- first point of contact for a person who has been detained or arrested
- can also represent an accused in court
29
crown counsel
- 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
30
court clerks/registrars
perform a variety of administrative tasks
31
indictable offences
- 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
32
summary conviction offence
- 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
33
hybrid/elective offences
- offences that can be proceeded summarily or by indictment
- a decision that is always made by the Crown.
34
preliminary hearing
a hearing to determine if there is sufficient evidence to warrant a criminal trial.
35
ways to compel an appearance of an accused
1. appearance notice
2. summons
3. arrest
36
release by police
- arrest without warrant
- summary or elective offences
- indictable offences
37
bail or judicial interim release
- JP or judge
- taken to court in 24 hours
- cause hearing
38
arraignment
- 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
39
plea bargaining
- 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
40
mode of trial
judge or jury
