Introduction to Legal Procedures

Criminal Law Review - Chapter 9

• Supreme Court of Canada: Grants leave for appeals of national significance or when decisions conflict with provincial appeals courts. This is the highest court.
• Federal Court of Canada: Deals with cases involving the federal government.
• Tax Court of Canada: Manages tax-related cases.
• Provincial Court System: The lowest level, with divisions for criminal, civil, and family matters. Cases are heard by a judge alone.
• Preliminary Hearings: A judge determines if there's enough evidence to proceed with a trial.
• Appeals: The process of asking a higher court to review a lower court's decision.

Criminal Court Structure - Federal

• Trial Division: Handles civil claims involving the federal government.
• Appeal Division: Reviews decisions made by federally appointed boards and commissions.

Participants in the Trial

• Judge: Presides over the trial, decides matters of law, and sentences convicted individuals. In a jury trial, they are the "trier of law."
• Justice of the Peace: A court official with less authority than a judge; responsible for issuing warrants and performing various legal tasks.
• Court Clerk: Assists the judge.
• Court Reporter: Records everything said during the trial.
• Court Security Officer: Ensures courtroom security.
• Sheriff: Manages the jury.
• Bailiff: Assists the sheriff.
• Witness: Person providing testimony under oath.
• Subpoena: Legal order for witnesses to appear in court.
• Perjury: Intentionally making false statements under oath.
• Jury: 12 people who determine the guilt or innocence of the accused.

Other - Detail

• Duty Counsel: Provides free legal advice.
• Defence Counsel: Represents the accused.
• Prosecution: Represents the government.
• Court documents/processes: Researching and assembling evidence; exhibits; reviewing and taking witness statements.

Criminal Trial Process

• Crown's Opening Statement: Outlines the case and provides details/evidence.
• Direct Examination: The initial questioning of a witness to learn facts.
• Cross-Examination: The opposing counsel's questioning of a witness to test accuracy.
• Motion for Dismissal: A defence request for the judge to dismiss the charges.
• Directed Verdict: A decision by the judge to end the case.
• Rebuttal/Surrebuttal: Presenting evidence to contradict or respond to evidence introduced by the opposing side.
• Leading Questions: Suggesting a particular answer, not allowed in most cases.
• Hearsay/Opinion Statements: Statements based on what others said or personal opinions, generally are not allowed.
• Irrelevant and Nonresponsive Questions: Questions irrelevant to the case or those that the witness does not answer appropriately .
• Evidence Types: Direct evidence and circumstantial evidence.

Evidence, Summary, Procedure

• Electronic Evidence: Recording evidence.
• Summary of the Case: A closing argument from the parties/counsel.
• Charge to Jury: The judge explains how the law applies to the specific case.
• Verdict: The jury's decision on guilt or innocence. A unanimous vote is needed from the jury.
• Appeals: A formal appeal must be made within a specific time. Courts only review what is brought up in the appeal, not the trial.
• Beyond a Reasonable Doubt: The standard of proof needed by the prosecution to convince a jury of guilt.

Defences

• Mental Disorder: a "disease of the mind," where the criminal should not be held responsible.
• Insanity Defence: The defendant was unable to understand their actions due to their mental disorder.
• Automatism: A condition with no awareness of actions at the time because of a concussion or medication. Two types: Insane and Non-insane Automatism.
• Intoxication: Can be a defence if actions were involuntary due to intoxication.
• Self-Defence: Reasonable force to defend oneself.
• Battered Woman Syndrome: A psychological condition related to abuse that can influence decisions.
• Defence of a Dwelling: Defence based on protecting property.
• Necessity: When forced to act a certain way to avoid harm.
• Compulsion or Duress: Forced by someone to commit a criminal act.
• Provocation: Actions that justify a reduced charge for murder from murder to manslaughter.

Other legal concepts

• Mistake of Law: Ignorance of the law, Not a valid defence.
• Mistake of Fact: A misinterpretation of facts; a valid defence.
• Double Jeopardy: Being tried twice for the same offence.
• Alibi: A defendant demonstrating that they were elsewhere at the time of a crime.
• Entrapment: When the police tricks someone into committing a crime they would not have committed otherwise.
• Aboriginal/Treaty Rights: Rights regarding resources (hunting, fishing, etc.)
• Extrajudicial Measures: Alternative ways to deal with youth crime, outside the courts.
• Extrajudicial Sanctions: Community-based programs as an alternative to court.
• Trial by Ordeal and Trial by Ordeal Bean: Ancient practices, no longer legal processes.

Chapter 11 Sentencing Procedures

• Protection of the Public: Focus of sentencing to protect society.

• Retribution: Punishment for crime; vengeance.

• Restorative Justice: Reconciliation with victims.

• Specific Deterrence: Prevents criminals from repeating the crime.

• General Deterrence: Stops others from committing the crime.

• Rehabilitation: Improves the offender.

• Restitution: Compensation/payment for harm caused.

• Denunciation: Condemning criminal activity.

• Perspectives to Consider: Factors such as the offender, impact on victims, and society's well-being when sentencing.

• Pre-Sentence Report: Background information on the convicted person.

• Psychiatric Assessment: Mental health evaluation for the convicted person.

• Victim Impact Statement: Victim's statement about loss and harm.

• Sentencing Hearing: The judge reviews all factors for final verdict.

• Aggravating and Mitigating factors: Specific circumstances that can increase or decrease severity of the sentence.

Chapter 12 - Criminal Law and Young People

• Young Offender: A person aged 12-18 who breaks a law, this is different than an adult criminal.

• Youth Sentence: This is different than an adult sentencing.

Sentencing Considerations

• Types of Traditional Sentences: Absolute discharge, probation, suspended sentences, intermittent sentences, binding over, deportation, fines, suspension of privileges, incarceration, parole, conditional release, temporary absence.
• When offenders be eligible for parole and pardons: This vary from case to case.

Other Key Considerations, Processes, or Procedures

• Extrajudicial Measures: alternatives to the criminal justice system (community programs, etc.)
• Burden of Proof: the obligation of the prosecution to prove the defendant's guilt.