Week 9: The Structure and Operation of Criminal Courts

Question 1

What is the criminal court system in Canada, what do they deal with?

How is the criminal code defined and administered?

Answer 1

Provincial courts: generally less severe summary offences (ex: driving infractions)
Superior courts: generally more severe indictable offences (murder)
Provincial appeal courts: appeals from sentence or conviction (ex: ONCA)
Supreme court of Canada: highest level, dictates common law for all

Defined at a federal level, administered at the provincial level

Question 2

What is happening to the number of completed adult criminal court cases?
What could explain this decline?

What percentage of these cases are non-violent? how many resulted in a finding of guilt (includes pleas and absolute/conditional discharges)

Answer 2

Experiencing a decrease by 13% (fifth consecutive annual decline)
- Quebec has largest decline
Decisions by the supreme court of Canada and a variety of initiatives by different levels of government (ex: diverting offenders, problem solving courts)
- Shaped volume of cases, and processing of those cases before the courts

Question 3

What are the three defining features of problem-solving courts?

Answer 3

1. focus on addressing underlying problems, victims and communities
2. Interagency and interdisciplinary collaboration
3. Accountability to community
   - Seek to complement restorative justice models: shift focus from adversarial to legalistic approaches to one centered on rehab/treatment

Question 4

What is different between provincial and superior court powers?

Answer 4

Sup courts may freely exercise “inherent jurisdiction” (common law power)

• Unlike provincial, sup courts are not restricted by statute from doing what they think is just and right in the circumstances of a case
• competent court to determine whether Charter rights have been violated
• can give remedies

Question 5

What are the characteristics of superior appeal courts?

Answer 5

Appointed by federal government
Appeal courts do not hear trials of criminal law, instead questions of law
Appeals usually heard by three to five judges

Question 6

What is the overall objective of an appeal court?

What are the three broad options for verdicts of provincial appeal courts?

Answer 6

Appeal courts seek to determine if result is unreasonable or unsupported (not if result is justified according to appeal court’s view of facts)

1. dismiss the appeal
2. Agree that there was a sig error in lower court and direct new trial
3. Allow the appeal, and substitute the decision made in the lower court with its own decision (not applicable when jury found not guilty)

Question 7

What are the characteristics of the supreme court of Canada?

Answer 7

Strictly an appeals court (nothing is heard and decided there for the first time) - only cases that involve serious differences of legal opinion are heard
Nine justices appointed by gov general with cabinet input (often a PM decision)

Question 8

What are the only two guaranteed rights of appeal to the SCC?

Answer 8

Only relate to severe or indictable offences

1. A person whose acquittal is overturned by a provincial court of appeal may appeal to SCC on question of law
2. Appellant (crown or accused) may ask SCC for leave to appeal on a question of law

Question 9

What are the three main sources of power for the courts?

Answer 9

1. Criminal Code - gives specific courts certain powers to try offences
2. Provincial or federal legislation (establishes the courts or continues them from the past)
3. Inherent jurisdiction - broad common law concept

Question 10

Beyond the assumed role of the court, what are the four additional roles that may be applied?

Answer 10

1. interpretive - give meaning to abstract words
2. Traditional common law role - s. 8(3) of CC outlines power to develop common law defense in crim law
3. Charter role (post 1982) - protect rights of accused
4. Process role - passive actor in adversarial system

Question 11

What are Indigenous courts?

Answer 11

Mandated to consider alternatives to jail sentences
Impetus of calls to action from Truth and Reconciliation
ex: Gladue court, Tsuu T’ina nation peacemaker court

Question 12

What are provincial/territorial problem-solving courts?

What are the three defining attributed?

Answer 12

Specialized courts designed to deal with those with special needs to avoid unfair trials - participation is voluntary
Attributes
1. Focus on addressing the underlying problems of offenders, victims and communities
2. Interagency cooperation and interdisciplinary collaboration
3. Accountability to the community

Question 13

How effective are provincial/territorial problem solving courts?

Answer 13

High rates of non-compliance/non-participation: difficulty recruiting indigenous peoples
Effective in reducing crime but concerns hat approach undermines fact-finding mandate (judges become therapists)

Question 14

When was the supreme court erected? What % of cases are heard? what are the other 2 federal courts?

Answer 14

1875 - product of the constitution act (requires unanimous decisions)
Only hear 10%, heard by odd numbers to avoid ties, judges have 10 years bar and are appointed by governor in council
Fed courts: tax court and federal court

Question 15

What values are at the center of judicial ethics and accountability? What is the primary document for judge accountability?

Answer 15

Integrity in personal and professional conduct
Impartiality and objectivity
Duty to follow the law

Judges act 1985

Question 16

What are the sources of case delay?

Answer 16

Lack of judicial resources 
Ineffective use of resources 
Too few judges 
Complexity of criminal cases 
Inadequate case flow management
Efforts of defence council