Canadian Trial Procedures and Judges

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Questions and Answers

What is required for an accused person to be found guilty in a Canadian court?

They must confess to the crime.

They must be guilty beyond a reasonable doubt. (correct)

They must be proven guilty with clear evidence.

They must be implicated by a witness.

Who is responsible for appointing judges to the Superior and Federal Courts in Canada?

The Canadian Bar Association.

The federal government. (correct)

Provincial governments.

The Supreme Court of Canada.

What is one of the judge's key responsibilities during a trial?

To represent the Crown in prosecution.

To initiate criminal charges.

To provide legal counsel to the defense.

To hear the evidence and decide the verdict in cases without a jury. (correct)

What role do Crown prosecutors play in the adversarial system?

They are responsible for convicting the accused. Signup and view all the answers

What must defense attorneys do in regard to the accused?

They must defend the accused regardless of the evidence. Signup and view all the answers

What is the main responsibility of a court clerk?

Reading out charges and handling evidence Signup and view all the answers

How many jurors are typically selected to serve on a jury?

12 Signup and view all the answers

Which of the following individuals is exempt from serving on a jury?

A lawyer Signup and view all the answers

What is a key qualification for someone to be eligible to serve as a juror?

Must be at least 18 years old Signup and view all the answers

What is the role of the sheriff in the court system?

To assist the judge and secure the court Signup and view all the answers

Which of the following statements regarding juror screening is false?

Potential jurors are not asked about their citizenship Signup and view all the answers

Which condition does not disqualify someone from jury duty?

Being a Canadian citizen Signup and view all the answers

What is the process of selecting jurors called?

Empaneling Signup and view all the answers

What is the primary responsibility of the Crown in a trial?

To present evidence against the accused. Signup and view all the answers

Which type of evidence is directly based on witness testimony?

Direct evidence Signup and view all the answers

What is the main goal of the defense during a trial?

To raise reasonable doubt. Signup and view all the answers

What is a voir dire?

A hearing to determine evidence admissibility. Signup and view all the answers

What consequence may a subpoenaed witness face for failing to appear in court?

A fine or imprisonment for up to 90 days. Signup and view all the answers

During examination in chief, what type of questions are prohibited?

Leading questions Signup and view all the answers

What happens to witnesses in a courtroom before they testify?

They must wait outside the courtroom until it's their turn to testify. Signup and view all the answers

What is the potential penalty for a witness who knowingly gives false evidence?

Imprisonment for up to 14 years. Signup and view all the answers

What type of evidence shows the accused has committed similar offences to establish a pattern of behavior?

Similar Fact Evidence Signup and view all the answers

Which type of evidence is based on the observations of an expert witness?

Opinion Evidence Signup and view all the answers

When can law enforcement officials charge a witness with a crime based on their testimony?

When the witness' answers suggest guilt Signup and view all the answers

Which of the following is considered privileged communication?

Conversations between spouses Signup and view all the answers

What is hearsay evidence?

Information repeated from third parties Signup and view all the answers

What might a judge do with photographs that are meant to inflame the jury?

Exclude them from being presented Signup and view all the answers

What type of evidence may the defence introduce to generate sympathy for their client?

Character Evidence Signup and view all the answers

What occurs if a person who received privileged communication chooses to disclose that information?

It is considered an abuse of position Signup and view all the answers

What is the purpose of a challenge for cause in jury selection?

To exclude a juror for a specific, proven bias Signup and view all the answers

Which type of jury challenge is based on a 'gut feeling' of a lawyer?

Peremptory challenge Signup and view all the answers

What happens if a jury cannot reach a unanimous verdict?

The jury is deemed hung Signup and view all the answers

Which of the following challenges is used when the jury list itself is considered biased or fraudulent?

Challenge the jury list Signup and view all the answers

What limitations exist for peremptory challenges in serious criminal cases?

A maximum of 20 challenges each for the Crown and defence Signup and view all the answers

What must jurors do after being selected for jury duty?

Take an oath to arrive at a verdict honestly Signup and view all the answers

Why might a jury be sequestered during a trial?

To isolate jurors from external influences Signup and view all the answers

Which of the following is NOT a valid reason for a challenge for cause?

General disagreement with a juror's opinion Signup and view all the answers

What is required for surveillance devices to be used legally?

A court order Signup and view all the answers

Why are polygraphs not admissible as evidence in court according to the Supreme Court?

They do not measure truthfulness effectively. Signup and view all the answers

What characterizes a confession in the context of a crime?

It must be voluntary to be considered valid. Signup and view all the answers

What occurs after all witnesses have given their testimony in a trial?

Both the Crown and defense present summations. Signup and view all the answers

What is the role of the judge after the summations in a trial?

To define and explain the law that applies to the case. Signup and view all the answers

Study Notes

Trial Procedures in Canada

Trial procedures in Canada are based on the adversarial system, where two or more opposing sides present and argue their case in court.
For an accused person to be found guilty, a judge or jury must find them guilty beyond a reasonable doubt.
Canadian courtrooms involve several participants, including the accused, defense counsel, Crown prosecutor, witnesses, a judge, a jury, a court recorder, and members of the public.

Judges

Judges are often called "the Bench" or "the Court."
Federal government appoints judges for Superior, Federal, and Supreme Courts.
Provincial governments appoint judges and justices of the peace.
Lawyers or law professors with at least 10 years' experience can be judges.

Judge's Responsibilities

Judges must act impartially during trials, bail hearings, and preliminary hearings.
They ensure proper procedures and court rules are followed.
If there's no jury, the judge hears evidence and decides the verdict.
Judges also rule on motions, including whether to admit evidence.

Lawyers

Lawyers represent the government (Crown) and the accused (defense).
Crown prosecutors (or Crown attorneys) try to convict the accused; they have powers to lay or withdraw charges.
Defense attorneys defend accused persons against charges, regardless of severity.

Other Court Officials

Court Clerk: Reads charges, swears in witnesses, handles evidence and paperwork.
Court Recorder: Sits near the witness box, records testimonies word for word.
Sheriff: Assists the judge, finds prospective jurors, organizes and secures the court.

Juries

Juries decide serious indictable offenses.
Jurors are randomly selected.
A jury panel of 12 people are chosen through the process called empaneling.
If a case is controversial, the number of potential jurors in the panel might increase.

Juror Qualifications

Must be a Canadian citizen, at least 18 years old.
Resident of the relevant province or territory for at least a year.
Fluent in English or French.
Mentally competent.

Jury Duty Exemptions

Politicians, judges, lawyers, law students, doctors, coroners, and veterinarians.
Law enforcement officers and their spouses.
Individuals with visual impairments and certain mental/physical disabilities.
People who have served on a jury in the past two to three years.
Anyone convicted of an indictable offense without a pardon.
People who can convince the court of a specific reason for an exemption (e.g., illness).

Screening Potential Jurors

Crown and defense ask questions to potential jurors:
Canadian citizenship, language fluency, prior convictions, occupations, disabilities, and recent jury duty.

Jury Challenges

Three types of challenges to eliminate jurors: -Challenge to the jury list (rarely used, for proving fraud or bias)
Challenge for cause (based on juror bias)
Peremptory challenge (based on lawyer's intuition, with limits based on the severity of the crime)

Jury Duty Processes

Sworn jury members are expected to honestly arrive at a verdict.
Jurors can't discuss the case with others outside the jury, follow media reports or disclose deliberations following the trial's end.
Verdict must be unanimous; otherwise, it's a hung jury.
In controversial cases, juries can be sequestered.

Presenting Evidence

Presenting evidence is crucial in any trial.
Evidence includes Crown evidence, defense evidence, witness testimonies, rules of evidence and self-incrimination.

Crown Evidence

Since the onus is on the Crown, it presents evidence against the accused.
Direct evidence (witness testimony) and circumstantial evidence (indirect evidence linking the accused to the crime).

Defense Evidence

Defense's priority is to raise reasonable doubt, not to present evidence.
Defense may request a directed verdict if the Crown's case isn't strong enough.
Defense often relies on witness testimony to counter Crown evidence.

Questioning

Examination in chief: direct questions to ones’ own witness.
Leading questions are disallowed.
Cross-examination: questions asked by opposing lawyers to opposing witnesses.

Witnesses

Witnesses generally appear voluntarily, but can be subpoenaed.
Refusing to appear can result in fines or imprisonment.
Witnesses are excluded from the courtroom until they testify to limit external influence.
False statements by a witness may lead to perjury charges and prison sentences.

Rules of Evidence

Admissibility of evidence is governed by the Canada Evidence Act.
A voir dire (a hearing within a hearing) can be ordered to determine if questioned evidence is admissible.
The jury is excluded during a voir dire.

Self-Incrimination

The Charter protects witnesses from self-incrimination.
Witnesses can refuse incriminating questions.
Perjury is the only exception to this protection.
Law enforcement can charge a witness with a crime if their testimony suggests guilt.

Types of Evidence

Common types of evidence: privileged communication, similar fact evidence, hearsay evidence, opinion evidence, character evidence, photographs, electronic devices, polygraph evidence, confessions.

Privileged Communication

Confidential communications (e.g., lawyer-client, doctor-patient) are protected and not admissible in court.
The recipient of the privileged communication, if they choose to disclose it, can be charged with an abuse of position.

Similar Fact & Hearsay Evidence

Similar fact evidence shows a pattern of similar past offenses, establishing behaviour.
Hearsay is information repeated by a third party, not from direct experience.

Opinion & Character Evidence

Opinion evidence is based on an expert's observations.
Character evidence indicates the likelihood of the accused committing the crime but can be used by the Crown to question the accused's character.

Photographs & Surveillance

Photographs are admissible if accurate representations of the crime scene.
Judges may exclude photos meant to inflame the jury.
Surveillance requires court authorization.

Polygraphs & Confessions

Polygraph tests (lie detector tests) measure physiological changes and aren't admissible in court.
Police may use polygraphs for investigations.
Confessions are admissible if voluntary

Summation & Charge to the Jury

Crown and defense provide summations outlining key arguments and evidence.
Judge delivers a charge (explanation) to the jury of relevant facts and applicable law.
Jury weighs evidence; the judge's charge can be challenged.

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Description

Explore the intricacies of trial procedures in Canada, focusing on the adversarial system and the roles of judges. Learn about the responsibilities judges have in maintaining impartiality and ensuring proper courtroom procedures are followed. This quiz reviews key concepts related to Canadian courts and the individuals involved.