The Criminal Court System

Flashcards covering the Criminal Court System in Canada, courtroom participants, jury roles, trial process, evidence types, and objections.

Constitution Act, 1867

Established responsibility for Canada’s criminal courts between the federal and provincial governments.

Provincial Court

Bottom of the provincial court hierarchy; judges appointed by the provincial government; hears summary conviction offences and certain indictable offences.

Superior Courts of Province

Highest level of provincial criminal system; hears more serious cases; judge and jury (option); consists of trial and appeal divisions.

Federal Court of Canada

Has a trial and appeals division; jurisdiction to hear civil claims involving the federal government, and appeals.

Supreme Court of Canada

Highest court in Canada; hears appeals only; consists of a chief justice and 8 justices. Hears cases of national significance.

Tax Court

Hears cases dealing with income tax matters; appeals are heard by the Federal Court of Canada.

Court Martial Appeal Court

Hears appeals from courts relating to the Armed Forces (non-military judges).

Adversarial System

Canadian criminal law trial system involving two opposing sides: the Crown (representing society) and the Defense (representing the accused).

Crown Prosecutor

Lawyer representing the government's (society's) interest; must prove guilt beyond a reasonable doubt.

Evidence

Information that tends to prove or disprove the elements of an offense.

Judge

Sits at the front of the courtroom; controls the proceedings; makes decisions on admissibility of evidence; interprets the law pertaining to the case; sentences the accused.

Justice of the Peace

Less authority than a judge; can issue arrest and search warrants, hear bail hearings, hear some municipal and provincial law infraction cases.

Defense Attorney

Represents the interest of the accused; advises accused of rights; tries to show reasonable doubt of the defendant’s guilt.

Court Clerk

Assists the judge by keeping a record of the trial exhibits, administers oath, and announces the beginning or end of the court session.

Court Recorder/Reporter

Uses electronic monitoring system and records verbatim everything that is said during the trial; produces a transcript.

Court Security

Deals with accused persons who are in custody and helps maintain security in the courtroom.

Witness

A person who gives testimony in a court of law.

Testimony

Evidence given by a witness under oath.

Subpoena

A court order requiring a person to appear in court to give testimony.

Perjury

The act of knowingly making false statements under oath in a legal proceeding.

Jury

A group of citizens selected to hear evidence in a legal case and render a verdict.

Challenge for Cause

Way potential jurors can be eliminated.

Peremptory

Way potential jurors can be eliminated.

Empanelling Process

Jury Selection Process

Verdict

The decision made by a jury in a trial, which must be unanimous.

Arraignment

First court appearance of accused where the charge is read and the accused enters a plea (guilty or not guilty).

Direct Examination

First questioning of a witness, done by the Crown first to prove guilt of accused.

Cross-Examination

Examination done by the Defence to try and contradict Crown witness’ story (testimony).

Motion for Dismissal

Request by the defense if they feel the Crown has not proved their case “beyond a reasonable doubt.”

Rebuttal

Contradicting evidence presented by the opposing side.

Charge to the Jury

Judge explains the law and instructs the jury on how to apply it to the case.

Deliberation

Jury discusses the facts of the case and makes a decision on guilt or innocence.

Direct Evidence

Testimony given by a witness to prove an alleged fact. An example is an eye witness account of a crime.

Circumstantial Evidence

Indirect evidence that leads to a reasonable assumption. Needs collection.

Character Evidence

Evidence used to establish the likelihood that the accused is the type of person who either would or would not commit a certain offense.

Electronic Surveillance

Use of electronic devices to overhear or record communications between people; must be authorized by a judge in advance.

Polygraph Test

Lie-detector test; results are inadmissible in court.

Forensic Science

Use of scientific methods in solving crimes.

Physical Evidence

Any object, impression, or body element that can be used in a criminal investigation.

Opinion Evidence (Expert)

Testimony shared by an expert; valuable evidence, but the opposing side may offer its own expert.

Voir Dire

A “trial within a trial” held between the Judge and lawyers to determine admissibility of evidence.

Objection

A formal protest raised in court during a trial, typically challenging the admissibility of evidence or the propriety of a question.

Overruled

The objection is overruled and line of questioning may continue.

Sustained

The objection is allowed, the line of questioning must stop; deemed inadmissible.

Leading Question

Suggests a particular answer, usually answered with “Yes” or “No.”

Hearsay Statements

Evidence given by a witness based on information received from someone else (rather than personal knowledge); inadmissible.

Immaterial or Irrelevant Questions

Questions that have no connection to the matter at hand; deemed inadmissible.

Non-Responsive Answers

If the witness doesn’t answer the question to satisfaction, an objection may be made, and counsel may ask the Judge to direct the witness to answer the question.