5.6 Criminal Law Trial Process Study Notes

Types of Criminal Courts:
- Provincial Trial Courts: Handle minor criminal offenses.
- Superior Trial Courts: Deal with more serious offenses and have jurisdiction over appeals from provincial courts.
- Provincial Courts of Appeal: Review decisions from the provincial and superior trial courts.
- Supreme Court of Canada: The highest court in Canada, which has the final say on matters of law.

Arrest & Police Custody:
- The process begins with the arrest of a suspect, where police take the individual into custody for alleged criminal activity.
Appearance Notices & Summonses:
- Legal documents issued to inform the accused of their obligation to appear in court.
Laying Charges (the “Information”):
- A formal document stating the evidence against the accused.
Intake Procedures:
- Steps taken to evaluate the charges and the circumstances surrounding the case.

First Appearance:
- The initial court session where the accused is informed of the charges and advised of their rights.
Presumption of Release:
- The principle that a person is presumed innocent until proven guilty, and thus should be released pending trial unless there are compelling reasons not to.
Release Conditions:
- Conditions under which the accused may be released, including:
- Bail Conditions: Conditions ensuring that the accused will return to court and not become reoffenders.
Concerns with Release:
- Likelihood to Not Appear in Court: Risk that the accused will fail to show up for scheduled court dates.
- Likelihood of Continued Criminal Activity: The risk of the accused committing further crimes while out on bail.
- Public Confidence: Maintaining the public's trust in the legal system.

R v Zora, 2020 SCC 14 at para 94:
- States that the only bail condition that should be routinely imposed is the requirement to attend court.

Disclosure:
- The process of sharing evidence and relevant information between the prosecution and defense before the trial.
Pleas & Plea Bargaining:
- Negotiations between the defendant and prosecution allowing the defendant to plead guilty to lesser charges in return for reduced sentences.
Elections:
- The process whereby the defendant chooses the mode of trial (e.g., judge alone or jury).
Preliminary Inquiries:
- A hearing to determine whether there is enough evidence to proceed to trial.

Informations & Indictments:
- Legal documents used to initiate a prosecution; informations are typically for less serious offenses, while indictments are for serious offenses.
Juries & Jury Selection:
- The process of selecting jurors to hear a trial, which is critical to ensuring a fair trial.
Prosecution & Defense Evidence:
- The presentation of evidence by both the prosecution and defense during the trial.
Verdict:
- The decision made by the jury or judge regarding the guilt or innocence of the accused.