CRJS 4013 Lectures 6+

DISCLOSURE

The legal obligation of the Crown to provide the defence with all relevant evidence before trial to ensure a fair process

DISCOVERY

The civil litigation process where parties examine each other’s evidence prior to trial

ADVERSARIAL SYSTEM

A trial structure where opposing parties present their cases and the judge or jury decides based on the evidence

INCULPATORY EVIDENCE

Evidence that tends to prove the guilt of the accused

EXCULPATORY EVIDENCE

Evidence that tends to support the innocence of the accused or raise reasonable doubt

FULL ANSWER AND DEFENCE

A principle of fundamental justice under section 7 of the Charter allowing the accused to know and respond to the case against them

R V STINCHCOMBE (1991)

The Supreme Court case establishing the Crown’s duty to disclose all relevant evidence whether helpful or harmful to its case

LEGAL PRIVILEGE

A rule protecting certain information from disclosure where important legal interests outweigh disclosure

ONGOING DISCLOSURE

The continuing duty of the Crown to disclose new relevant evidence as it arises

POLICE NOTES

Written records created by police officers that must be disclosed to the defence

WITNESS STATEMENTS

Recorded accounts of events provided by witnesses that form part of Crown disclosure

PRELIMINARY INQUIRY

A court proceeding used to determine whether there is sufficient evidence to commit the accused to trial

REASONABLE JURY TEST

The test asking whether a properly instructed jury could reasonably convict based on the evidence

CREDIBILITY

The assessment of a witness’s honesty and truthfulness

RELIABILITY

The assessment of a witness’s ability to accurately perceive remember and recount events

DIRECT INDICTMENT

A procedure allowing the Attorney General to send an accused directly to trial without a preliminary inquiry

RULES OF EVIDENCE

Legal principles governing what information may be admitted or excluded at trial to ensure fairness and reliability

CRIMINAL EVIDENCE

Any admissible information presented to prove or disprove facts in a criminal proceeding

BURDEN OF PROOF

The obligation on a party to prove a fact or issue to a specific legal standard

BEYOND A REASONABLE DOUBT

The highest standard of proof requiring near certainty of guilt

ACTUS REUS

The physical or external elements of a criminal offence

MENS REA

The mental element required to establish criminal liability

DIRECT EVIDENCE

Evidence that proves a fact without the need for inference

CIRCUMSTANTIAL EVIDENCE

Evidence that requires inference to connect it to a conclusion of guilt

HODGE RULE

A rule requiring circumstantial evidence to exclude all rational alternatives except guilt

PROBATIVE VALUE

The extent to which evidence logically supports a fact in issue

VOIR DIRE

A hearing held to determine the admissibility of evidence

REAL EVIDENCE

Physical objects connected to the offence

DEMONSTRATIVE EVIDENCE

Evidence that visually or audibly demonstrates facts such as photos or recordings

ILLUSTRATIVE EVIDENCE

Evidence used to help explain testimony but not evidence on its own

TESTIMONIAL EVIDENCE

Oral evidence given by witnesses under oath

HEARSAY

Evidence of an out of court statement offered for the truth of its contents

PRINCIPLED EXCEPTION

An exception allowing hearsay where necessity and reliability are established

THEORY OF THE CASE

A coherent narrative explaining how the evidence supports a party’s position

TRIAL PREPARATION

The strategic planning of evidence witnesses and arguments before trial

TRIAL BOOK

A structured binder organizing the sequence of trial materials

BOOK OF AUTHORITIES

A collection of statutes and case law relied upon by counsel

JURY TRIAL

A trial conducted before a judge and jury for indictable offences

JUDGE ALONE TRIAL

A trial where the judge acts as the sole trier of fact

OPENING STATEMENT

An outline of the case presented at the start of trial

CROWN CASE

The presentation of evidence by the prosecution

DEFENCE CASE

The optional presentation of evidence by the accused

DIRECTED VERDICT

A request for acquittal where the Crown has presented no evidence capable of supporting a conviction

CHALLENGE FOR CAUSE

A process used to exclude biased or unqualified jurors

JURY CHARGE

Instructions given by the judge to guide jury deliberations

VERDICT

The final decision on guilt or innocence

SUMMARY CONVICTION

A streamlined criminal process for less serious offences

LIMITATION PERIOD

A time limit within which charges must be laid for summary offences

CRIMINAL PRESUMPTIONS

Legal reasoning tools that guide how facts may be inferred but are not evidence

R V OAKES

A Supreme Court case outlining how presumptions interact with Charter rights

REBUTTABLE PRESUMPTION

A presumption that can be displaced by evidence

IRREBUTTABLE PRESUMPTION

A presumption that cannot be challenged once established

PRESUMPTION OF LAW

A presumption created by statute or legal doctrine

PRESUMPTION OF FACT

An inference drawn from proven facts

BASIC FACT

A fact that must be proven before a presumption arises

EVIDENTIARY BURDEN

The obligation to raise evidence on an issue

BALANCE OF PROBABILITIES

A standard requiring that something is more likely than not

PRESUMPTION OF INNOCENCE

A Charter protected principle requiring the Crown to prove guilt

COMMON LAW PRESUMPTIONS

Presumptions developed through judicial decisions

RECENT POSSESSION

An inference of guilt drawn from possession of recently stolen property

DE MINIMIS

A principle excluding trivial matters from criminal liability

NCRMD

A verdict finding the accused not criminally responsible due to mental disorder

SECTION 16 CRIMINAL CODE

The statutory provision governing the NCRMD defence

MENTAL DISORDER

A disease of the mind recognized by law

EXPERT EVIDENCE

Specialized opinion testimony used to assist the court

BALANCE OF PROBABILITIES STANDARD

The standard used to prove NCRMD

REVIEW BOARD

A tribunal overseeing the disposition of NCRMD accused

ABSOLUTE DISCHARGE

A release without conditions or criminal responsibility

CONDITIONAL DISCHARGE

A release subject to compliance with conditions

DETENTION IN HOSPITAL

A custodial disposition for NCRMD accused

SENTENCING

The process of determining punishment after conviction

PROPORTIONALITY PRINCIPLE

The requirement that punishment reflect offence gravity and blameworthiness

SECTION 718 OBJECTIVES

The statutory purposes of sentencing

AGGRAVATING FACTORS

Circumstances increasing sentence severity

MITIGATING FACTORS

Circumstances reducing sentence severity

GLADUE PRINCIPLES

Sentencing considerations specific to Indigenous offenders

APPEAL

A request for review of a trial decision by a higher court