Crim 135 Ch.5 Canada’s courts and dispute resolutions

What is the assumption behind the adversarial system in Canadian courts?

The assumption is that "the truth is most likely to emerge from a contest of two competing arguments."

What is a key feature of the adversarial system?

Lawyers face off, and the judge or jury makes a decision based only on the arguments presented by the lawyers.

What is the current trend regarding self-representation in Canadian courts?

Self-representation is rare but increasing due to cuts to legal aid and prohibitive costs for legal counsel.

What is the inquisitorial system?

A system where the judge asks questions directly of the key persons involved, commonly used in European countries under civil law.

What is the focus of alternative dispute resolution (ADR) in common law systems?

ADR includes methods like arbitration, mediation, diversion, and restorative justice.

What is the principle of open access in Canadian courts?

All Canadians can observe court proceedings, with exceptions such as youth trials or cases where publication may affect justice.

What is the role of formality in Canadian courts?

Formality is maintained through ritual garments and language to demonstrate respect for the court, though some argue it may also create elitism.

What is the jurisdiction of Provincial Courts in Canada?

Provincial Courts handle summary conviction offences, provincial offences (e.g., motor vehicle laws), and some indictable offences based on the accused's election.

What is the difference between summary, indictable, and hybrid offences?

Summary offences: Less serious with penalties like fines or short jail terms.

Indictable offences: More serious, including crimes like theft over $5,000, with penalties up to life imprisonment.

Hybrid offences: Can be handled as either summary or indictable, depending on seriousness.

What are some of the cases handled by Superior Provincial Courts?

Superior Provincial Courts handle serious criminal cases, civil cases over $35,000, libel, defamation, divorce, and appeals from lower courts.

How does the Appeals Court function in Canada?

The Appeals Court reviews lower court decisions without new evidence or witnesses, focusing on legal questions.

What kind of cases does the Supreme Court of Canada hear?

The Supreme Court hears cases of national interest, especially involving constitutional issues, conflicts between provincial courts, or significant legal points.

What is the burden of proof in civil and criminal cases in Canada?

Civil: Balance of probability (more likely than not).

Criminal: Beyond a reasonable doubt (BARD).

What is restorative justice?

Restorative justice focuses on offender responsibility and reparation of harm, aiming for reconciliation between the victim, offender, and community.

What is the paradigm shift between traditional and restorative justice?

Traditional justice focuses on law-breaking and punishment, while restorative justice focuses on victim harm, healing, and repairing relationships.

What is the role of Canadian juries in trials?

Canadian juries serve as a public safeguard in criminal trials, with differences from the US system, including restrictions on trial discussions.

What is the fallibility of Canadian courts, especially regarding wrongful convictions?

The federal government estimates 1% of convictions annually are wrongful, with new evidence or faulty science potentially leading to exonerations.

What are the common causes of wrongful convictions?

Mistaken identification, police misconduct, tunnel vision, ineffective lawyers, false eyewitness testimony, and faulty forensic science.

What does the right to a "trial within a reasonable time" mean under Section 11(b) of the Charter?

Criminal trials must happen within a reasonable time frame, with specific ceilings (18 months for provincial court, 30 months for superior court).

What is the significance of R v. Jordan (2016)?

R v. Jordan set presumptive ceilings on trial timelines (18 months for provincial trials, 30 months for superior court trials), with exceptions for delays.

What is "adversarial justice"?

Adversarial justice is a system where two opposing parties (usually represented by lawyers) present their arguments, and a judge or jury makes a decision based on those arguments.

What is "inquisitorial justice"?

Inquisitorial justice is a system where the judge plays an active role in investigating the case, asking questions, and gathering evidence, as opposed to relying solely on the arguments of the opposing parties.

What is "alternative dispute resolution (ADR)"?

ADR refers to processes like arbitration, mediation, and restorative justice, used to resolve disputes outside of traditional court trials, often aiming for quicker and less formal resolutions.

What does "open access" mean in the context of Canadian courts?

Open access refers to the principle that court proceedings are generally open to the public, with some exceptions for youth trials and specific cases where access may be restricted for reasons of justice.

What is a "summary conviction offence"?

A summary conviction offence is a less serious criminal offence that is typically punishable by a fine or a short jail sentence (less than two years).

What is an "indictable offence"?

An indictable offence is a more serious criminal offence, such as murder or theft over $5,000, that carries heavier penalties, including life imprisonment, and may be tried by a judge and jury.

What is a "hybrid offence"?

A hybrid offence can be prosecuted as either a summary conviction offence or an indictable offence, depending on the seriousness of the case and the Crown's decision.

What is the "burden of proof" in legal proceedings?

The burden of proof refers to the obligation of a party (usually the prosecution in criminal cases or the plaintiff in civil cases) to prove the claims they make in court. In criminal cases, the burden is "beyond a reasonable doubt," while in civil cases, it is "balance of probability."

What does "beyond a reasonable doubt" mean?

In criminal cases, "beyond a reasonable doubt" is the standard of proof, meaning the prosecution must prove the defendant's guilt to the point that no reasonable doubt remains.

What does "balance of probability" mean?

In civil cases, "balance of probability" means the plaintiff must prove that their version of events is more likely to be true than not, meaning greater than 50% likelihood.

What is "restorative justice"?

Restorative justice is a justice model focusing on repairing harm caused by criminal behavior through offender responsibility, victim reconciliation, and community involvement.

What is "wrongful conviction"?

A wrongful conviction occurs when a person is convicted of a crime they did not commit, often due to factors like mistaken identification, police misconduct, or flawed evidence.

What is "exoneration"?

Exoneration is the process of clearing someone from a wrongful conviction, typically through new evidence or proof that the individual did not commit the crime.

What is a "preliminary hearing"?

A preliminary hearing is a mini-trial where a judge determines whether there is enough evidence to proceed with a full trial.

What is a "Crown appeal"?

A Crown appeal is when the prosecution (Crown) appeals a verdict of acquittal, typically arguing that the trial court made a legal error.

What is a "judge-alone trial"?

A judge-alone trial is a trial where a judge decides the verdict, rather than a jury. The accused may choose this type of trial for certain offences.

What is "plea bargaining"?

Plea bargaining is a process in which the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions.