Thousands of cases go to trial each year ... - Mr. Kasim Dogan



Alberta Court ofQueen’s Bench4.7Our Criminal Court SystemThousands of cases go to trial each year. The cost of operating the criminal justice system, which is paid for by taxpayers, is very high. As a result, the structure and procedures of Canadian courts are constantly being revised to provide greater efficiency.Ontario Court of JusticeThe British North America Act, 1867, gave the federal government the power to make criminal law and establish the procedures to be followed in criminal matters. The federal and provincial governments divide jurisdiction over the court system. The provincial governments control the administra- tion of justice. This means that they organize and maintain their provincial courts. For example, they provide courthouses and court staff. The criminal court system in Canada consists of several levels, listed below. See also the diagram on page 136. Trial procedures will be discussed in greater detail in Chapter 6.The Criminal Court System in CanadaProvincial Courts — Criminal Division(example: the Ontario Court of Justice)This is the trial court that most students will be familiar with as it involves the finding of facts, witness testimony, and the introduction of evidence. If a mistake is made at this stage, then an appeal can be made to a higher court. This courtarraigns the accused (reads the charge and enters the plea) in all criminal casesholds preliminary hearings for most severe indictable offences, where the accused elects to have the case tried in a higher courthears and tries criminal summary conviction cases and the least serious indictable offences such as theft under $5000The judges in this court are appointed by the provincial governments.Provincial Superior Court — Appeals and Trials (names vary)(example: the Superior Court of Justice for the province of Ontario or the Court of Queen’s Bench for the province of Alberta)This court is the court of first appeal with respect to criminal cases arising in the provincial court. This courttries the more severe crimes such as manslaughter and sexual assault, and the most severe indictable offences such as murder and armed robberyhears criminal appeals in summary conviction casessets provincial precedent; decisions must be followed by provincial court judges in that provincecan be composed of a judge alone or a judge and juryThe judges in this court are appointed by the federal government.British Columbia Court of AppealSupreme Court of CanadaThe Federal Court of AppealThe Criminal Court System in Canada (continued)Provincial Court of Appeal (names vary)(example: the British Columbia Court of Appeal)This is the highest court and the final court of appeal in the province. Many appeals stop here as the Supreme Court of Canada accepts only appeals that are deemed to be of great importance. Appeals are heard by three or more judges, depending on the case. Their decisions may be either unanimous or majority judgments. Split two-to-one judgmentsare not uncommon. When the court releases its decision, it also provides explanations for the majority vote, and dissenting judges provide their reasons for disagreeing.This courthears appeals from the trial division of provincial superior courtssets provincial precedent; decisions must be followed by all judges in that provincehas three to five judges to hear all appealsThe judges in this court are appointed by the federal government.Federal CourtsThis is Canada’s national court system that hears legal disputes with the federal government. In 2003, the former Federal Court of Canada was separated into two distinct courts: the Federal Court, and the Federal Court of Appeal.The Federal Court has jurisdiction over cases involving federal government boards, tribunals and commissions, and issues within federal jurisdiction. These include immigration and citizenship matters, and intellectual property (such as copyright and trademark issues), as well as cases involving the federal government. The Federal Court of Appeal hears appeals of decisions by the Federal Court. Decisions of this court may be appealed to the Supreme Court of Canada.Both the Federal Court and the Federal Court of Appeal have regional offices in all major cities in Canada, although the judges and the main court facilities are located in Ottawa.Supreme Court of CanadaThe Supreme Court of Canada (SCC) is the final court of appeal in our country. Even though the SCC is the highest court in the land, not all parties — individuals, organizations, or even governments — have the right to appeal to it. Before it agrees to hear an appeal, the court determines if the issue is of great importance or if a question of law must be decided or interpreted. However, there is an automatic right of appeal when there is a split decision from a provincial court of appeal. Like the provincial courts of appeal, the SCC may be either unanimous or split.The Supreme Court of Canadahas unlimited jurisdiction in criminal mattershears appeals from provincial appeal courts and theFederal Court of Appealcontinues…There are several levels in the Canadian criminal court system. Distinguish between the “highest” and “lowest” courts in Canada. Identify the jurisdiction for each level of court.The Criminal Court System in Canada (continued)Supreme Court of Canada (continued)hears cases of national importance (for example, interprets theCharter of Rights and Freedoms or clarifies a criminal law matter)generally grants leave (permission) before the appeal will be heardsets a national precedent in its judgments; these decisions must be followed by all judges in all courts of CanadaThe nine judges of the Supreme Court are appointed by the federal government and can serve until age 75.The Structure of the Criminal Court System in CanadaActivityTo learn more about the Supreme Court of Canada,Go to Nelson Social StudiesSupreme Court of CanadaProvincial CourtsFederal CourtsProvincial Court of AppealFederal Court of AppealProvincial Superior Court— Appeals and TrialsFederal CourtThis diagram shows thegeneral structure of the criminal court system in Canada. However, the court names vary from province to province.Provincial Courts— Criminal DivisionAgents of ChangeThe Association in Defence of the Wrongly Convicted (AIDWYC)The AIDWYC is a Canadian-based organization. It fights against wrongful convictions that are miscar- riages of justice when an innocent person goes to jail. The group began in support of Guy Paul Morin immediately following his wrongful conviction in the summer of 1992. For some 10 years ending in 2004, AIDWYC’s executive director was Rubin “Hurricane” Carter. He is the American boxer who spent 20 years in prison for crimes he did not commit. (His ordeal was told in Canadian director Norman Jewison’s film The Hurricane, which starred Denzel Washington.) The AIDWYC directors include lawyers, academics, and other interested members of the public.The AIDWYC has investigated such leading cases as the Milgaard and Truscott cases. David Milgaard was released in 1992 after serving 22 years in jail for the rape and murder of Gail Miller, a crime that he did not commit. Five years later, he was fully exonerated (freed from guilt) through DNA testing. This was a new tool in forensic science at that time. Milgaard was awarded $10 million in damages and an apology for the injustice that had been done to him. At that time, this was the largest settlement in Canadian history. The AIDWYC played a major role in the Milgaard public inquiry in 2005–2006. The inquiry looked into all aspects of the police investi- gation and the subsequent criminal proceedings that resulted in Milgaard’s wrongful conviction.Then in 2007, the AIDWYC helped Steven Truscott clear his name. In 1959, 14-year-old Truscott was wrongfully convicted of murdering 12-year-old Lynne Harper. Truscott was sentenced to death by hanging. This was later changed to life imprison- ment. Truscott was released on parole after 10 years in prison. In 2000, after more than 20 years of maintaining a low profile, he publicly proclaimed his innocence. With AIDWYC assistance, he renewed the fight to clear his name. The federal justice minister referred the case to the Ontario Court of Appeal. In August 2007, that court acquitted Truscott and pronounced the case a miscarriage of justice in a 5–0 decision. Truscott was awarded $6.5 million.Denzel Washington (left) and Rubin “Hurricane” CarterFor DiscussionHow did the evolution of forensic science influence these two cases?What is a “miscarriage of justice”? Why did the courts call these wrongful convictions “miscarriages of justice” rather than declaring the accused not guilty or innocent? What is the difference between “miscarriage of justice,” “innocent,” and “not guilty,” and why is this final resolution important?When asked about his wrongful conviction, Milgaard replied, “The question shouldn’t be how I feel about this. The question should be how did this happen?” Why do you think wrongful convictions occur?How much money should wrongfully convicted people receive in compensation for the time they spent in jail and the fact that they lived with the stigma of a criminal conviction for many years?Did You Know?Very few crimes involve anyone getting physically hurt. In 2008, only10 percent of all crimes committed involved violence, and the vast majority of these violent crimes were minor assaults (people hitting, pushing, and shoving each other). Furthermore, only 10 percent of these assaults involved a weapon or resulted in serious injury. Less than 1 percent of violent crimes involved homicide or attempted homicide. (Canada’s homicide rate is 1.8 for every 100 000 people.) In Canada, about 90 percent of crime is non-violent.Criminal Offences and ProceduresExamples of Categories of Indictable OffencesLeast SeriousTrial procedure similar to summary conviction offencesMore SeriousAccused selects one of three trial proceduresMost SeriousTrial is usually held before judge and jurytheft (under $5000)manslaughtermurdermischief (under$5000)assaulttreasonfraud (under $5000)sexual assaultpiracypossession of property obtained by crime (under$5000)weapons offencesbribing a judicial officialkeeping a common bawdy housedriving while impaired (over 80 mg)driving while impaired (over 80 mg) causing deathcheating at playresisting arrestrobbery with firearmfailing to comply with probationthreatening to cause death or harmfleeing police (causing injury)As noted earlier, summary conviction offences and more serious indictable offences have different trial procedures. These will be examined in more detail in later chapters.Why do you think there are different trial procedures for different types of offences?Review Your UnderstandingWhat types of cases does the Supreme Court of Canada handle?What is the legal effect when a decision is made by the Supreme Court of Canada?What types of cases are handled by the provincial courts?What functions do the provincial superior courts perform?Why do different criminal offences end up with different procedures?138Unit 2 Criminal LawNEL ................
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