7 - Criminal Courts

open court principle

gives the media the freedom to publicize court proceedings, although some information, such as the identity of a child victim of sexual abuse, may be subject to a publication ban

publication bans

made by courts in order to protect the identity of some victims or specific information about cases

prosecutorial discretion

refers to the prosecutor’s authority to decide whether to proceed with a case, withdraw a charge, enter into a plea agreement, with defense counsel, or prosecute an offence as a summary or indictable offence

justice of the peace

a person who is appointed to carry out judicial functions such as authorizing searches, reviewing the legality of a suspect’s detention, and determining whether there are sufficient grounds for a criminal case to proceed to court

judicial interim release

a form of pretrial release where defendants can be released on their promise to appear in court or by providing bail

surety

a responsible person, such as an employer or family member, who ensures that the accused will appear in court

courtroom work group

composed of the judges, Crown prosecutors, defense counsel, and court clerks from a local court

going rate

the average sanction or punishment for a criminal offence in a local court, which can vary between different courts

jury nullification

occurs when a jury refuses to convict an individual who is obviously guilty, as the jury believes that the conviction and punishment are worse than the crime that was committed

special prosecutors

experienced lawyers who are appointed by a province or territory to investigate offences where government prosecutors might be perceived as biased, such as the investigation of an alleged case of prosecutorial misconduct

provincial prosecutors

officials (including police officers in some courts) who prosecute minor criminal cases, traffic cases, and infractions of local bylaws

paralegals

licensed paralegals have some legal training and perform legal work for law firms and lawyers

court clerks

responsible for ensuring that a court’s paperwork and records are maintained, creating the court’s docket, and sometimes administering oaths to witnesses

docket

the list of cases scheduled for court for the day

sheriffs

in many provinces, sheriffs provide court security and transport prisoners from the court to correctional facilities

indigenous courtworkers

provide services to Indigenous people accused of an offence and to their family members, including advocating on the accused’s behalf, providing information about the accused’s rights and what to expect in court, and offering translation services

specialized courts

courts that specialize in working with distinctive groups or offenders, including people with mental illnesses or individuals convicted of specific offences such as domestic violence. Also called “problem-solving courts or therapeutic courts”

graduated sanctions

punishments that start with the least restrictive response and then become more severe if the individual continues to reoffend

representativeness

a concept related to the composition of juries and whether they reflect the demographic characteristics of a community

jury rolls

the lists from which a jury is drawn; in Ontario, lists of potential jurors are compiled using the most recent voters’ lists and the band lists from First Nations