Canadian Criminal Courts: Roles and Responsibilities

Criminal Courts: Roles and Responsibilities

• Criminal courts play a multifaceted role in the Canadian criminal justice system
• They determine the guilt or innocence of the accused
• Courts reinforce the law, set standards, and address questions that impact everyone
• Criminal courts impose appropriate sentences while protecting the rights of the accused

Canadian Criminal Court System

• Each province and territory has its own criminal court system and procedures
• All provinces and territories, except Nunavut, have two court system levels
• Lower-level courts manage cases through problem-solving approaches
• They divert offenders from the criminal justice system, mirroring youth diversion programs for adults

Court System Levels

• Consists of Provincial/Territorial, Superior, and Appellate courts, as well as the Supreme Court
• Provincial and territorial courts are monitored by the government and judges are federally appointed
• Superior level courts handle both trial and appeal level cases, which involve serious offences
• Provincial and Territorial Courts of Appeal typically consist of 5-7 federally appointed judges
• They hear appeals from decisions made in Supreme Courts and Provincial/Territorial courts
• The Supreme Court has 9 judges, with 3 needing to be from Quebec
• It hears cases from all provinces and was established by the constitutional act of 1867
• Established by the parliament
• The Supreme Court, located in Ottawa, serves as the last resort, and its final decisions cannot be appealed

Nunavut Court System Exception

• Nunavut stands out as an exception, with a single-level court system

Provincial Court System

• Provincial court systems have two levels; Provicial and Surprior

Provincial and Territorial Courts

• Consist of the lowest level of courts
• Most criminal cases begin and end
• The judge is appointed by the province or territory
• They also hear cases under the Youth Criminal Justice Act and may include family or small claim courts

Specialized Courts

• Specialized courts such as mental health courts exist in provincial and territorial systems
• They act as policy responses to the revolving door issue
• The emergence of mental health courts stems from deinstitutionalization
• This resulted in police intervention for people with mental health issues

First Mental Health Court

• The first mental health court was established in Toronto, Ontario in 1998
• Statistics: 20-25% of people had a mental health issue while 38% were in correctional facilities

"Therapeutic Justice/Jurisprudence"

• Relies on the law to help people, and involves therapeutic and Interdisciplinary responses
• The responses, however, does not override other legal considerations and responses

Problem-Solving Courts

• Address underlying issues of offenders and victims
• Interagency and interdisciplinary collaboration and community accountability are promoted

Thesis Courts

• Main goals are centered on treatment and rehabilitation
• Therapeutic justice is used, with law and court authority used as change promoting agents
• Participation in these courts is voluntary

Drug Treatment Courts

• Drug Treatment courts only accept non-violent offenders with drug-related offences
• They may require some acceptance of guilt and responsibility

Mental Health Courts

• Mental Health Courts assist people with mental health issues
• Individuals can avoid incarceration by agreeing to certain conditions

Effectiveness of Specialized Courts

• Specialized courts are most effective at stopping reoffending

Indigenous Courts

• Section 718.2(e) of the Criminal Code requires judges to consider alternatives to incarceration
• Alternatives such as restorative justice, are considered, especially for Indigenous and Indgenouse offenders
• Some Indigenous Courts are referred to as Gladue Courts

Gladue Courts

• These courts the judge, crown, and defense lawyer are all indigenous

Provincial Territorial Superior Courts

• Function as the highest level of courts in a province or territory
• They are administered by provincial and territorial governments and have a two-level system; trail and appeal
• The Ontario court of appeal is independent and separate from the superior court of justice and the Ontario court of justice
• These are the main two trail courts in the province
• Hear cases with serious criminal offences such as such as, murder.
• Their primary activity is to review decisions of the lower courts

Courtroom Workgroup

• Composition includes the judge, crown counsel, and defence lawyer

Judges

• Judges interpret the law and assess the admissibility of evidence while ruling on motions
• They act as gatekeepers of evidence, including during the trial and any expert testimony
• Judges also determine sentences
• Judges must provide oral and written reasons for decisions

Judicial Independence

• It prevents external influences from affecting judicial decisions

Judicial Impartiality

• It requires a neutral mindset with free from bias and preconceived notions
• Also entails sole reliance on legal principles and presented arguments
• Absence of external factors

Juries: Representativeness

• As highlighted in R. v. Kokopenace, 2015 & R. v. Stanley 2018, diversity in jury composition is important
• Bill C-75 brought changes to Section 638, addressing "challenges for cause" in jury selection
• The changes now allow for challenges if someone is not able to do whatever they want despite having served a sentence
• Challenge also occurs when someone is impartial, not a Canadian citizen, or does not speak an official language
• Section 634 had peremptory challenges (repealed)

Justice of the Peace

• Judges and JPs have different roles
• Judges are lawyers, while Justices of the Peace have other qualifications
• JPs conduct bail hearings and issue warrants

Defence Lawyer

• Defence lawyers represent the accused
• They ensuring their rights under the criminal justice process
• Also actively negotiate pleas and cross-examine witnesses

Duty Counsel

• Duty counsel serves as the first point of contact for those arrested or detained
• They can also represent those accused in court

Crown Counsel

• Crown counsel comprises lawyers representing the government
• They are responsible for prosecuting criminal cases

Criminal Investigation and Trial Steps

• The steps include criminal Offence>Investigation (police)>Laying a charge (police)
• When deciding to prosecute (crown attorney); factors include there being a reasonable likelihood of conviction and if it is in the public interest to proceed

Prosecutorial Discretion

• Prosecutorial Discretion is used in deciding how severe a charge will be
• Considerations include, where the case would go
• Does it work in the publics interest?
• The Crown attorney will operate on behalf of the community, not the police

Laying a Charge (Continued)

• Bail which is also known as "judicial interim release"; Requires the accused to attend court and enter a plea
• Justice of the peace or judge in Section 515 of CC (crown attorney) Within 24 hours (CC, s 497, 497 & 503(1))is called
• Detains the accused till their court date with a promise that is made that you would come for your hearing if released
• "Promise to appear" (released on consent) and a bail hearing ("cause hearing") is involved

'Reverse Onus'

• Under 'reverse onus' and CC, s 515(6)(defense), safety has to be determined
• It is required that the defence demonstrates the individual can be released

Pre-Trial Stage

• Crown attorney and defense counsel make a pre-trial decision about type of offence
• It requires preliminary inquiry with both the defense and crown attorney + judge to decide if there is enough evidence to proceed
• Bill C-75 restricted some kinds of cases that could have pre-trial, such as offenses for 14 or more years

Plea Negotiations

• Consist of the accused can plead is pleading guilty to a lesser sentence or fewer charges
• The accused gives up right to trail

A Timely Process

• R. v. Jordan [2016] 1 SCR 631
• R. v. Cody, 2017 SCC 31 , [2017] 1 SCR 659 Impacts: “Presumptive ceilings” Bill C-75 (2019)

Judicial Interim Release (Bail)

• A judicial interim release is also known as bail process
• Bail is guaranteed under Canadian Constitution, Section 11 of the CRF
• Under Section 11, anyone charged with has the right to not be denied reasonable bail
• Under Section, 9 and 8, need a reason to detain and to have the right to council

Ladder Principle

• Section 515 (3) of CC - “Ladder Principle", involves undertaking without conditions or with them
• The person promises to come back to court, with or without set conditions
• Own recognizance is involved; Sign your ow bail, No one elese is involved
• Also bail program recognizance, when They make sure you are following bail conditions from a case worker is sinvolved
• Surety recognizance may be required

Release after Bail

• Someone can be released under certain conditions and restrictions
• Such as move limitations and restrictions

Bail for Indigenous and Black People

Black and Indigenous people mostly stay in pre-trail or detention for longer period of time

Nunavut Criminal Courts

• They do not offer the expanded mental healthcare services
• Nunavut's criminal court system plays a key "down-stream" healthcare role for people affected by mental health and addiction issues"

Key Findings

• Many people in the community do not trust the system
• Takes to long
• Mental health systerm