Criminal Courts and Sentencing in Canada

These flashcards cover key concepts related to criminal courts and sentencing processes in Canada, including definitions and distinctions pertinent to the legal system.

Judicial Independence

The principle that citizens have the right to have their cases tried by fair, impartial tribunals that are immune from political interference.

Provincial Courts

The lowest level courts where the majority of criminal cases begin and end, typically judged by a single judge.

Problem Solving Courts

Courts designed to divert offenders with special needs from the criminal justice system, focusing on treatment and rehabilitation.

Adversarial System

A traditional court system where the goal is to resolve disputes through opposing parties; it is often anonymous and impersonal.

Therapeutic Justice

An approach that emphasizes understanding and addressing the underlying issues of offenders, rather than solely imposing punishment.

Indigenous Courts

Provincial courts that focus on alternative sentencing options for Indigenous offenders, recognizing unique cultural and historical factors.

Electable Offences

Criminal offences that can be tried in different ways, according to the defendant’s choice between summary and indictable procedures.

Judicial Interim Release (Bail)

The release of a person charged with a criminal offense, subject to conditions set by a justice of peace or a judge.

Dangerous Offender Designation (DO)

A classification for very violent offenders who pose a significant risk of reoffending.

Gladue Report

A report prepared prior to sentencing Indigenous offenders, detailing their unique circumstances and historical context.

Sentencing Goals

The objectives of sentencing, which include deterrence, retribution, and restoration.

Aggravating Circumstances

Factors that increase the severity of a sentence based on the offender's actions or context of the crime.

Victim Impact Statement

A statement submitted to the court detailing the emotional, physical, and financial effects of the crime on the victim.

Restorative Justice

An approach that seeks to repair harm caused by criminal behavior, involving victims, offenders, and the community.

Case Delay

The backlog and delays in the criminal justice system that undermine the efficiency and effectiveness of justice.

Pre-sentence Report

A document containing information about the convicted person that assists judges in determining an appropriate sentence.