Canadian Governance and Statutes

• Canada's governance has three branches: legislative, executive, and judicial.
• The separation of powers in Canadian government ensures a system of checks and balances.

Legislative Process and Statutes

• Legislation is the main source of law in Canada.
• Constitutionally Entrenched Statutes are foundational laws that are part of the Constitution and need a rigorous amendment process.
• Federal Statutes are enacted by the Parliament of Canada, and cover areas under federal jurisdiction.
• Provincial Statutes are enacted by provincial legislatures, addressing matters within provincial authority.
• Territorial Statutes are enacted by territorial governments, dealing with regional concerns.
• The legislative process involves introducing a bill, multiple readings and debates, and royal assent.

Key Constitutional Statutes

• The Constitution Act, 1867 established the federal structure and divided powers between federal and provincial governments.
• The Statute of Westminster, 1931 granted Canada legislative independence from the United Kingdom.
• The Canada Act, 1982 patriated the Constitution, allowing Canada full sovereignty over constitutional amendments.
• The Constitution Act, 1982 introduced the Canadian Charter of Rights and Freedoms, ensuring fundamental rights and freedoms.
• Amending the Constitution requires approval from both federal and a significant number of provincial legislatures.

Division of Powers

• The Constitution splits responsibilities between federal and provincial governments.
• Federal jurisdiction (Section 91) includes national defense, immigration, criminal law, and trade.
• Provincial jurisdiction (Section 92) includes education, property rights, and local matters.
• The Peace, Order, and Good Government (POGG) clause allows the federal government to legislate on issues of national concern not explicitly assigned to provinces.

Judicial Interpretation

• Courts interpret laws to ensure they align with constitutional principles.
• Courts assess the "pith and substance" of legislation to determine its true purpose and appropriate jurisdiction.

Role of the Police in Criminal Investigations

• Police officers maintain public order, prevent crimes, and conduct investigations.
• Investigative procedures include collecting evidence, interviewing witnesses, and identifying suspects.

Legal Powers and Limitations of Police

• Police must often obtain a warrant before conducting searches to respect privacy rights.
• Exceptions to the warrant requirement exist under specific circumstances, such as exigent situations.
• Officers can detain individuals for investigative purposes but must have reasonable grounds to proceed with an arrest.

Rights of the Accused

• Individuals have rights upon detention or arrest.
• These rights include being informed of the reasons for the arrest, the right to legal counsel, and protection against self-incrimination.
• These rights aim to prevent abuses of power and ensure a fair legal process.

From Arrest to Trial

• After an arrest, police may lay charges, reviewed by the Crown prosecutor.
• Accused individuals may be released on bail, with or without conditions, pending trial.
• The Crown must provide the defense with all relevant evidence.

Balancing Law Enforcement and Civil Liberties

• It's important to balance effective policing with the protection of individual rights.

The Adversarial System

• Canada employs an adversarial system.
• In this system, the Crown (prosecution) and the defense present their cases before an impartial judge or jury.
• The system ensures justice by allowing both parties to argue their positions, with the judge or jury determining the truth.

Courtroom Participants

• A judge acts as an impartial arbiter, ensuring trial procedures are followed.
• A Crown Attorney (Prosecutor) represents the state, presenting evidence to prove the accused's guilt.
• A Defence Counsel represents the accused, challenging the Crown's evidence and presenting arguments to establish reasonable doubt.
• A Court Clerk manages court records, administers oaths, and handles exhibits.
• A Court Recorder documents verbatim transcripts of the proceedings.
• A Sheriff ensures courtroom security and manages jury selection.

Jury System and Selection

• A jury is a group of 12 citizens tasked with determining the guilt or innocence.
• Potential jurors are randomly selected from the community to form a jury panel.

Challenges

• A challenge of jury list questions the entire jury list if it was improperly compiled.
• A challenge for cause questions specific potential jurors if they cannot be impartial.
• A peremptory challenge allows either party to dismiss a potential juror without providing a reason.

Presentation of Evidence

• Direct evidence directly links the accused to the crime.
• Circumstantial evidence is indirect evidence that suggests the accused's involvement.
• Character evidence involves information about the accused's character.
• Hearsay evidence includes statements made outside of court.
• Opinion Evidence is an expert testimony providing specialized knowledge.

Examination Procedures

• Examination-in-chief (direct examination) is the initial questioning of a witness by the party that called them.
• Cross-examination involves questioning of the witness by the opposing party.
• Re-examination involves further questioning by the original party to clarify issues raised during cross-examination.

Reaching a Verdict

• The judge provides the jury with instructions on the relevant laws.
• The jury discusses in private to reach a unanimous verdict.
• If the jury cannot agree, it may result in a hung jury and potentially a retrial.
• The jury presents its decision in court.
• If the accused is found guilty, sentencing will follow; if found not guilty, the accused is acquitted.