Crim 135 - Quiz 2 (Chpt 5&6)

Vocabulary flashcards covering key terms related to the Canadian court system, dispute resolution, and the evolution of legal education and practice found in Chapter 5.

Adversarial system

A court process in which two opposing advocates present competing arguments and the judge acts as an impartial arbiter, not as the finder of truth; wealth and resources can affect advocacy quality.

Inquisitorial system

A legal system in which judges take an active role, asking questions and directing the investigation to uncover the truth.

Open access to the courts

Courts are open to the public and the media to observe justice, with limited exceptions (e.g., youth proceedings may be held in camera under certain laws).

Star Chamber

A historical example of a closed, arbitrary court process; used to illustrate the move toward open courts.

Youth Criminal Justice Act

Canadian legislation governing youth courts, with provisions for in-camera proceedings and publication bans to protect youth identities and privacy.

Publication ban

An order restricting the publication of proceedings or identities (e.g., of a young offender) to protect privacy or safety; may have exceptions.

Preliminary hearing

A pre-trial review to determine whether there is enough evidence to proceed to trial; its use has been limited by recent amendments.

Indictable offences

Serious criminal offences that may be tried in provincial or superior courts and can carry heavier penalties (e.g., murder).

Hybrid offences

Offences that can be prosecuted either as indictable or as summary offences, with the Crown deciding the mode of prosecution based on seriousness.

Summary offences

Less serious criminal offences typically heard in provincial court with lighter penalties.

Provincial court

The first-stop court at the provincial level handling criminal, family, and civil matters, including divisions like criminal, youth, small claims, and family.

Superior courts of the province

Higher-level provincial courts comprising the Trial Division (serious cases) and the Appeal Division (appeals from lower courts).

Trial Division (Provincial Superior Court)

The division that hears indictable offences and large civil matters; may involve a judge alone or with a jury.

Supreme Court of Canada

Canada’s court of last resort; nine justices; hears significant criminal and civil cases, references on constitutional matters, and grants leave to appeal.

Federal Court of Canada (Trial Division)

Court with jurisdiction over civil matters involving the federal government, IP, maritime law, and related disputes; has an Appeal Division for appeals from Trial Division.

Burden of proof

Which party must prove the facts: the plaintiff in civil cases, the Crown in criminal cases.

Standard of proof

The level of certainty required for a claim to succeed (civil: balance of probabilities; criminal: beyond a reasonable doubt).

Balance of probabilities

Civil standard requiring the plaintiff’s claim to be more likely true than not.

Beyond a reasonable doubt

Criminal standard requiring near-certainty of guilt to convict; not measured as absolute certainty.

Damages

Monetary compensation awarded to a plaintiff for harm or loss.

Injunction

A court order that prohibits or requires certain actions to prevent future harm.

Jury

A panel of peers used to determine facts or guilt; in Canada, jury trials are required for certain offenses and are less common in civil cases.

Peremptory challenges

The ability to exclude potential jurors without giving a reason; abolished in Canada (Bill C-75, 2019) to address bias concerns.

R. v. Jordan

2016 Supreme Court decision establishing presumptive ceilings for delay (18 months provincial, 30 months superior); stays may result if delay is unreasonable unless exceptional circumstances are shown.

Milgaard case

A wrongful conviction case highlighting fallibility in the justice system and the complexities of wrongful conviction relief and reopening proceedings.

Restorative justice

An approach to justice emphasizing accountability, healing, and repairing harm through processes that involve victims, offenders, and the community (e.g., VOM, conferencing, circles).

Mediation

A dispute-resolution process where a neutral mediator helps parties reach a voluntary agreement without imposing a decision.

Circle sentencing

An Indigenous-inspired sentencing model where participants sit in a circle to discuss and reach a community-based, consensual sentence.

Gladue

A principle from R. v. Gladue requiring that restorative justice considerations be applied for Indigenous offenders due to systemic discrimination.

Notaries public

Non-litigation legal professionals who handle concerns like wills and property; typically do not argue cases in court.

Paralegals

Legal professionals who provide advocacy and support before tribunals and in certain courts; regulated by law societies in many provinces.

Law societies

Provincial bodies that license lawyers, regulate practice, and discipline members; oversee bar admission and ongoing professional conduct.

Model Code of Professional Conduct

Federated ethics standards guiding lawyers on integrity, confidentiality, conflicts, fees, and duties to clients, the court, and the public.

Disclosure

Duty of prosecutors to share relevant evidence with the defence; critical for fair trial; failures can raise serious concerns.

Solicitor-client privilege

Confidential communications between a lawyer and client, protected from disclosure to protect the client’s interests.

Contingency fees

Fees paid only if the case is successful; allowed in many jurisdictions but must be fair and reasonable.

J.D. degree

The Doctor of Jurisprudence degree, now common in Canada, replacing the older LLB as the standard law degree.