Lecture 1_Law and Order in Canada_All Slides_2025

Law and Order in Canada

  • Introduction to the Criminal Justice System

  • Lecturer: Caitlin Pakosh

Today's Lecture

  • Overview of Topics:

    • Syllabus Review + Class Expectations

    • Key Concepts + Overview of Criminal Justice System

    • Courtroom Etiquette (virtually)

    • Right to a Trial within a Reasonable Time and Jordan Calculations (virtually)

Key Concepts

  • Credibility: Believability of evidence

  • Reliability: Accuracy of evidence

  • Admissibility: Whether evidence can be entered into court

  • Weight: Significance placed on evidence

Role of Justice System Stakeholders

  • Crown: Fairness in presenting evidence strengths and limitations.

  • Defence: Advocates fearlessly for their client.

  • Expert Witness: Provides unbiased, impartial, independent evidence to the court.

  • Judge: Ensures fairness and compliance with evidence rules.

Lay Witnesses vs. Expert Witnesses

  • Lay Witness:

    • Direct knowledge and observations.

  • Expert Witness:

    • Provides opinion based on specialized knowledge.

  • Admissibility Criteria:

    • Expert evidence is presumptively inadmissible—specific criteria must be satisfied.

Expert Admissibility Criteria and the Voir Dire

  • Stage 1: Threshold Admissibility - must meet Mohan criteria:

    1. Relevance

    2. Necessity for trier of fact

    3. Absence of exclusionary rule

    4. Properly qualified expert

  • Stage 2: Judicial Gatekeeping Analysis: Judges weigh evidence's probative value against its prejudicial effect.

Reasonable Doubt

  • Standard of Proof: "Proof beyond a reasonable doubt"

  • R. v. Lifchus: Doubt must be reasonable, not imaginary or frivolous. Conviction requires certainty of guilt.

Overview of the Criminal Justice System

  • Key Focus Areas:

    1. Bail

    2. Guilty Pleas

    3. Trials

    4. Charter Rights relevant to criminal proceedings

    5. Basic rules of admissibility

Criminal Justice System Flowchart

  • Alleged Incident → Arrest and Charge → Bail Hearing → Disclosure → Guilty Plea → Trial → Convicted/Sentenced or Acquitted → Court of Appeal (if applicable)

Judicial Interim Release (Bail)

  • Definition: Pre-trial release of an accused person.

  • Presumption: Accused charged will be released under the least onerous conditions.

  • Key Case: R. v. Antic

Just Cause for Judicial Interim Release

  • Grounds:

    1. Primary Ground: Attendance in court

    2. Secondary Ground: Protection of the public

    3. Tertiary Ground: Confidence in administration of justice

R. v. St-Cloud, 2015 SCC 27

  • Factors influencing tertiary ground considerations:

    1. Strength of the Crown's case

    2. Objective gravity of the offense

    3. Circumstances surrounding the offense

    4. Potential length of imprisonment if convicted

Forensic Evidence and Bail

  • Forensic evidence can factor into bail; however, not all cases have forensic evidence.

Charter Rights Underpinning Bail

  • Relevant Sections:

    • s. 11(d): Presumed innocent until proven guilty

    • s. 11(e): Right not to be denied reasonable bail without just cause

Who Does the Charter Apply To?

  • Charter guarantees rights and freedoms;

    • It applies to everyone regarding dealings with state actors.

Key Sections of the Canadian Charter of Rights and Freedoms

  • Fundamental Freedoms: Conscience, religion, thought, expression, etc.

  • Legal Rights: Life, liberty, security; rights during arrest, detention, and trial.

  • Equality Rights: Right to equal protection before the law.

Impact of Popular Media on Perception of the Justice System

  • Popular media often misrepresents the reality of the justice system in Canada, focusing on U.S. models.

Guilty Plea Process

  • Conditions for a guilty plea's acceptance: must be voluntary and understood.

  • Crown can proceed with selected counts based on the Information.

Essential Elements of an Offence

  • Essential Elements: act + intent

  • Actus Reus: Actions constituting the offense as defined in the Criminal Code.

  • Mens Rea: Mental element of committing the offense.

Trial Process

  • Directed at determining “What happened?”

  • The Crown bears the onus to prove essential elements beyond a reasonable doubt.

Evidence in Court

  • Evidence must be relevant to a fact in issue.

  • Types of evidence:

    1. Direct Evidence: What witnesses directly perceive.

    2. Circumstantial Evidence: Evidence used to draw logical conclusions.

Disclosure Requirements

  • The Crown must disclose all relevant evidence to the accused for defense preparation.

  • Limited exceptions include victim protection and informant anonymity.

Enforcement of Rights Under the Charter (s. 24)

  • Anyone whose Charter rights are infringed can apply for remedies.

  • Evidence obtained in violation of rights may be excluded if its admission brings the justice system into disrepute.

R. v. Grant Framework (s. 24(2))

  • Framework assesses whether admitted evidence violates rights and the public interest in adjudication on merits.

Testimony in Court

  • Key Features: Sworn evidence, cross-examination opportunities, witness observation by the trier of fact.

Courtroom Decorum

  • Expected behaviors in court include proper dress, no electronics, and respect for court officials.

Different Types of Criminal Court Appearances

  • Examples: Bail hearings, first appearances, guilty pleas, trials.

Terms Frequently Heard in Criminal Courts

  • Common terminology includes adjournment, PSR, and "Jordan Date."

R. v. Jordan and Right to a Speedy Trial

  • Established a framework for timely trials and the implications of delays as a violation of rights.

Conclusion: Key Takeaways from the Course

  • Understand how the criminal justice system functions in Canada versus popular portrayals.

  • Aim to grasp bail, guilty pleas, trials, and rules of evidence for critical evaluation of media depictions.