Criminal Courts

The prosecutor in criminal cases is typically referred to as the Crown Attorney.
Most criminal cases are prosecuted at the lower level of provincial division, indicating a specific court structure.
Crown attorneys are specialized lawyers responsible for preparing and prosecuting cases involving alleged criminal offences, primarily under the Criminal Code.
The Crown represents the state, signifying that their role is to uphold public interest rather than just pursuing individual cases alone.

The primary objective of a criminal prosecution extends beyond merely obtaining a conviction:
  - The Crown's duty is to present credible and relevant evidence pertaining to the alleged crime.
  - It is essential that evidence is presented fairly, highlighting the Crown's public duty.
  - The process is not framed as a contest of "winning or losing."

Crown must disclose its case to the defence to ensure fair trial rights are safeguarded (referred to as Disclosure).
The principle of "presumption of innocence" applies to the accused until the prosecution meets the burden of proving guilt beyond a reasonable doubt.

The Crown is tasked with preventing abuses of process to maintain the integrity of the judicial system.
Crown attorneys must prevent overzealous police actions and must maintain objectivity, especially in high-profile cases or under public scrutiny.

Charge screening occurs when the Crown receives a brief from the police containing allegations (or from individuals laying the charge).
The Crown must evaluate several critical questions during screening:
  - Reasonable Prospect of Conviction: Is there sufficient evidence to believe a conviction could occur?
  - Public Interest: Even if there is a reasonable case, should the prosecution proceed?
  - Appropriateness of Charge: Was the correct charge presented based on the evidence gathered?
  - Completeness of Investigation: Has the investigation been thorough enough?
  - Possibility of Diversion Alternative: Is diversion an appropriate option in this case?

If the Crown determines there is no reasonable prospect of conviction based on:
- Evidence sufficiency, witness credibility, and the viability of proposed defenses, the prosecution must be ended.

The Crown can choose to re-lay charges if it is determined that the investigation is complete and viable.
Diversion methods may be applicable (e.g., Extrajudicial Sanctions for youth offenders) as long as they do not conflict with the protection of society. The accused must accept responsibility for their actions.

During sentencing, the Crown is expected to maintain an unemotional stance and strive for a just sentence.
Sentencing hearings primarily rely on the factual information presented during the trial phase.

Defence counsel serves individuals accused of crimes, firmly establishing the defendant's rights.
It is notable that most criminal cases do not reach trial, with only about 5-10% of charges proceeding to that level.

Under the Charter, individuals have the right to retain and instruct counsel without delay upon arrest.
Police are required to inform an arrested person of their right to promptly contact a lawyer.

Defence Counsel typically advises clients to remain silent during police questioning.
Making a statement post-arrest is generally inadvisable as police may attempt to gather confessions soon after the arrest, which could lead to unreliable results.

Defences can be categorized into:
  - Factual Defence: Involves challenging the evidence collected against the defendant.
  - Legal Defence: Challenges the legitimacy of the charges, encompassing:
    - Excuse Defence: e.g., Not Criminally Responsible (NCR).
    - Justification Defence: e.g., Self-Defense.
Defence counsel is responsible for assessing the legality of statements and searches undertaken by police.

Defence counsel can present accused individuals with two main options:
  - Guilty Plea: Generally leads to a lesser sentence and is a quicker resolution than a full trial.
  - Going to Trial: Trials can take longer (typically 8 months or longer).
  - Questions arise regarding how defence counsel can ethically represent defendants who may be guilty of the crime.

A plea bargain allows an accused individual to trade their right to a trial for a recommendation of a lighter sentence from the Crown.
Plea bargains can be negotiated directly with the Crown or may occur in conjunction with a Judicial Pre-Trial.

Judges oversee trials, sentencing, and conduct judicial pre-trials.
They are involved in discussions regarding police statements, searches, and are also responsible for writing judgments concerning cases.

The system is structured to minimize the presiding judge's prior knowledge of the case he or she will handle, maintaining impartiality.

Judges do not typically partake in plea bargains themselves.
They may be involved during the judicial pre-trial phase but interactions regarding pleas are mainly between the Crown and Defence Counsel.
A judge can reject a plea agreement made by the Crown and Defence if deemed offensive or inappropriate based on the circumstances.