The classification of offences and trial jurisdiction Flashcards
Per section 92 of the Constitution Act, PTs have jurisdiction over
the administration of justice including constitution, maintenance and organization of provincial courts, both civil and criminal
Who are considered adults in Ontario for the purposes of prosection?
people older than 18
Who’s matters are heard in the Youth court?
young persons, older than 12 but less than 18 years of age
Judges of which court also sit on the Youth Justice Court?
judges of the Ontario Court of Justice
What is an information?
A sworn document that sets out the charge(s) against the accused, used in the Ontario Court of Justice. Contains info on whether the accused was released on bail, the kind of release, the outcome of the prelim inquiry, time and date of every court appearance, and how the accused pleaded
What is the indictment?
The charging document used in the superior court of criminal jurisdiction (Superior Court of Justice). Written document signed by the Attorney General, contains charges against the accused, record of court appearances, records the disposition of the case including any penalty
What is the general penalty provision for summary conviction offences?
liable to a fine of not more than $5,000 or to a term of imprisonment of not more than 2 years less a day, or both
On September 19, 2019, the maximum term of imprisonment under section 787(1) increased from
6 months to two years less a day. Any events committed prior to September 19, 2019 still carry maximum custodial sentences of 6 months
Indictable offences that do not have punishment specifically provided for them carry the max term of
imprisonment of 5 years
The charge screening form will usually list
- the charges on which the Crown intends to proceed
- how the Crown elects to proceed (summarily or by indictment)
- whether the case is appropriate for direct accountability (diversion) or a peace bond, and
- the Crown’s position on sentencing on a guilty plea
A charge screening form indicating the Crown’s intention to proceed summarily is
not a formal election. A formal election must be made on the record before a judge/JoP
What sets the criminal process in motion?
The swearing of an information
In most cases, the informant who initiates the criminal process is
a police officer or peace officer who has prepared the information
A police officer may also issue process by serving
an appearance notice under section 497
Where the informant is a private citizen, the lay the information by
attending before a judge to enter the information under oath
The pre-enquete process is meant to ensure that
spuriour/vexatious allegations and frivolous complaints to not proceed
What are the substantive requirements of an information?
each count on an information will identify:
- the essential elements of the alleged offence
- the name of the accused/co-accused
- the date on which the offences occured
- the jurisdiction in which the offences occured
- the act or omission that constitues the alleged offence
The Crown must prove beyond a reasonable doubt:
each element of the offence as charged on the information, including the identity of the person charged
What are the four rules of the substantive requirements of an information?
- each count must relate to a single transaction (not necessarily a single act)
- each count must allege an offence KNOWN TO LAW
- only one offence per count
- the act/omission must be identified
A motion to quash may be brought where
the accused alleges that the information is deficient on its face, pursuant to section 601 of the Criminal Code
When may the court amend the information instead of quashing it?
- where the count fails to charge an offence known to law
- fails to give reasonable information about the act/omission
- fails to give sufficient info to identify the transaction
- contains other defects of form/substance
What guides the Court’s ammending power?
Section 601(4) of the Criminal Code directs judges to consider several things when deciding whether to amend vs quash, including whether the accused may be prejudiced by an amendment
What are particulars?
further details which allow the accused to know the charge against them. The accused may move for particulars per section 587 of the Criminal Code. Crown may be ordered to provide particulars, but often will provide them voluntarily upon request
Where an accused person’s application to quash is dismissed, the dismissal may be
raised on any subsequent appeal of a conviction on an offence that was set out in the information
In summary conviction offences, the information must be laid within
one year after the time when the subject matter of the proceedings arose, unless the prosecutor and accused agree that the information cab be laid outside of that time limit. Prior to September 19, 2019, this time limit was 6 months.
When is the Attorney General;s consent needed to lay a charge?
certain offences, including proceedings agaisnt deserters from the Canadian Forces
