The Criminal Court System
Chapter 7
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In this chapter we will look at…
The Criminal Court Structure
The Participants
The Role of the Jury
The Criminal Trial Process
The Criminal Court Structure
Responsibility for Canada’s criminal courts is divided between the Federal and Provincial governments.
The Federal parliament is responsible for formulating criminal law and establishing courts to administer various federal laws.
The Supreme Court of Canada, The Federal Court of Canada and the Tax court of Canada are good examples.
The Provincial court system consists of provincial courts and the superior court of the province.
Provincial courts have trial divisions, superior courts have both trial and appeals divisions.
Figure The Canadian Criminal Court Structure and Avenues of Appeal, p. 163
The Provincial Court, Criminal Division
Provincial court is the lowest level of Canadian courts.
Judges are appointed by the provincial government and cases are tried by judge alone.
They have the jurisdiction to hear summary conviction offences, less serious crimes that carry a lighter penalty, and certain indictable offences, more serious crimes that carry a heavier penalty.
A person’s first contact with the criminal court system is usually in provincial court, because this court conducts all preliminary hearings, a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial.
An appeal is an application to a higher court to review the decision made by a lower court. An appeal from the provincial court regarding a summary conviction offence is heard by a single judge of the superior court. If it’s regarding an indictable offence, it is heard by the appeals division of the superior court, a panel of three to five judges.
Superior Courts Of The Province
They are the highest criminal and civil courts in the provinces and have a trial and appeal division.
Has jurisdiction in both criminal and civil matters, beyon
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