The Criminal Court The Criminal Court SystemSystemChapter 7Chapter 7

In this chapter we will look at…In this chapter we will look at…

The Criminal Court The Criminal Court StructureStructure

The ParticipantsThe ParticipantsThe Role of the JuryThe Role of the JuryThe Criminal Trial ProcessThe Criminal Trial Process

The Criminal Court StructureThe Criminal Court Structure Responsibility for Canada’s criminal courts is Responsibility for Canada’s criminal courts is

divided between the Federal and Provincial divided between the Federal and Provincial governments.governments.

The Federal parliament is responsible for The Federal parliament is responsible for formulating criminal law and establishing courts to formulating criminal law and establishing courts to administer various federal laws.administer various federal laws.

The Supreme Court of Canada, The Federal Court of The Supreme Court of Canada, The Federal Court of Canada and the Tax court of Canada are good Canada and the Tax court of Canada are good examples.examples.

The Provincial court system consists of provincial The Provincial court system consists of provincial courts and the superior court of the province.courts and the superior court of the province.

Provincial courts have trial divisions, superior courts Provincial courts have trial divisions, superior courts have both trial and appeals divisions.have both trial and appeals divisions.

Figure 7.2 The Canadian Criminal Court Structure and Avenues of Appeal, p. 163

The Provincial Court, Criminal The Provincial Court, Criminal DivisionDivision

Provincial court is the lowest level of Canadian courts.Provincial court is the lowest level of Canadian courts. Judges are appointed by the provincial government and cases Judges are appointed by the provincial government and cases

are tried by judge alone.are tried by judge alone. They have the jurisdiction to hear They have the jurisdiction to hear summary conviction summary conviction

offencesoffences, less serious crimes that carry a lighter penalty, and , less serious crimes that carry a lighter penalty, and certain certain indictable offencesindictable offences, more serious crimes that carry , more serious crimes that carry a heavier penalty.a heavier penalty.

A person’s first contact with the criminal court system is A person’s first contact with the criminal court system is usually in provincial court, because this court conducts all usually in provincial court, because this court conducts all preliminary hearingspreliminary hearings, a judicial inquiry to determine whether , a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial.there is sufficient evidence to put the accused person on trial.

An An appealappeal is an application to a higher court to review the is an application to a higher court to review the decision made by a lower court. An appeal from the provincial decision made by a lower court. An appeal from the provincial court regarding a summary conviction offence is heard by a court regarding a summary conviction offence is heard by a single judge of the superior court. If it’s regarding an single judge of the superior court. If it’s regarding an indictable offence, it is heard by the appeals division of the indictable offence, it is heard by the appeals division of the superior court, a panel of three to five judges.superior court, a panel of three to five judges.

Superior Courts Of The ProvinceSuperior Courts Of The Province They are the highest criminal and civil courts in They are the highest criminal and civil courts in

the provinces and have a trial and appeal division.the provinces and have a trial and appeal division. Has jurisdiction in both criminal and civil matters, Has jurisdiction in both criminal and civil matters,

beyond the lower courts.beyond the lower courts. Judge and jury unless the accused and the Judge and jury unless the accused and the

provincial Attorney General consent to trial by provincial Attorney General consent to trial by judge alone. By judge alone in provincial court or judge alone. By judge alone in provincial court or by judge and jury in Superior court.by judge and jury in Superior court.

Appeals from the Superior Court are heard in the Appeals from the Superior Court are heard in the Superior Court, Appeal division. Three to five Superior Court, Appeal division. Three to five judges hear the case and the appeal is won or lost judges hear the case and the appeal is won or lost based on the majority decision of the judges.based on the majority decision of the judges.

Figure 7.5 Court Procedure for Criminal Cases, p. 166

The Federal Court SystemThe Federal Court System Federal Court of CanadaFederal Court of Canada – A court that hears cases – A court that hears cases

involving the federal government and consists of a trial involving the federal government and consists of a trial and appeal division.and appeal division.

Also hears appeals from federally appointed boards, Also hears appeals from federally appointed boards, commissions and administrative tribunals.commissions and administrative tribunals.

Supreme Court of CanadaSupreme Court of Canada – highest appeals court in – highest appeals court in Canada, which also deals with constitutional questions Canada, which also deals with constitutional questions referred to it by the Federal government.referred to it by the Federal government.

Consists of a Consists of a chief justice (Beverly Mclachlin)chief justice (Beverly Mclachlin) and and eight justices, all of whom are appointed by the federal eight justices, all of whom are appointed by the federal government. Three come from Quebec, three from government. Three come from Quebec, three from Ontario, two from the western provinces and one from Ontario, two from the western provinces and one from the Atlantic Provinces. the Atlantic Provinces.

The court sits in Ottawa for three sessions a year: winter, The court sits in Ottawa for three sessions a year: winter, spring and fall.spring and fall.

Cases are heard by a panel of five, seven or nine judges, Cases are heard by a panel of five, seven or nine judges, depending on the type of appeal.depending on the type of appeal.

Hears only appealsHears only appeals, from provincial courts , from provincial courts of appeal and the Federal Court of Appeal.of appeal and the Federal Court of Appeal.

Grants leaveGrants leave, permission to appeal, for , permission to appeal, for matters of national significance or when matters of national significance or when decisions conflict in the provincial appeals decisions conflict in the provincial appeals court.court.

The federal government may ask the court The federal government may ask the court to rule on questions relating to constitutional to rule on questions relating to constitutional issues or other federal concerns.issues or other federal concerns.

Other federal courts include the Tax Court of Other federal courts include the Tax Court of Canada, which deals with income tax Canada, which deals with income tax matters and the Court Martial Appeals court, matters and the Court Martial Appeals court, which hears appeals from courts in the which hears appeals from courts in the armed forces.armed forces.