exam 2 Flashcards
(44 cards)
Criminal Courts in Canada function and example
Function: Ensures fair and efficient justice through a tiered system.
Example: A case may start in provincial court and escalate to superior court.
Provincial vs. Superior Courts and an example
Provincial/Territorial Courts: Handle most criminal cases.
Superior Courts: Handle serious crimes and appeals.
Example: Theft → Provincial Court;
Murder → Superior Court.
Constitutional Rights and example
Courts uphold constitutional rights to ensure fair legal procedures.
Example: The right to a fair trial includes legal representation.
Problem-Solving Courts and example
Specialized courts address issues like addiction and mental health.
Example: Drug treatment courts for drug-related offenses.
Determining Guilt & Sentencing and example
Courts decide guilt or innocence based on evidence.
Example: A jury finds a defendant guilty or not guilty.
Courts impose sentences balancing justice and public safety.
Example: A person convicted of assault may receive community service.
Judicial Independence and example
Judges must rule without political/media influence.
Example: A judge should base decisions solely on the law.
Court Hierarchy and example
Four levels of criminal courts in Canada.
Example: Cases may start in provincial court and go to the Supreme Court of Canada.
The 3 Provincial Court Structured examples (Ontario court of justice, Superior Court of Justice, Court of Appeal for Ontario)
Ontario Court of Justice: Criminal, family, youth, mental health, and drug courts.
Example: A youth shoplifting case is heard in Youth Court.
Superior Court of Justice: Appeals, small claims, family, and criminal law.
Example: A person appealing a verdict goes here.
Court of Appeal for Ontario: Reviews lower court decisions.
Example: A wrongly convicted person appeals here.
Provincial Court System and examples
Governed by provincial laws and operates independently.
Example: Ontario courts handle cases within Ontario.
Handles a high case volume, including summary convictions and indictable offenses.
Example: A shoplifting case is a summary conviction.
Addresses case delays with alternative resolution methods.
Example: Restorative justice programs reduce court backlog.
Specialized Problem-Solving Courts
Designed for offenders with special needs.
Example: A person with addiction may enter drug court.
Focus on rehabilitation, not punishment.
Example: Therapy for mental health issues instead of jail.
Use professionals to reduce recidivism.
Example: Social workers help offenders access treatment.
Therapeutic Justice: Law is used to improve well-being.
Example: A judge may offer rehab instead of prison.
Traditional vs. Problem-Solving Courts and example
Traditional Courts
Adversarial, dispute resolution, impersonal, offense-focused.
Example: A defendant is sentenced with little focus on rehabilitation.
Problem-Solving Courts
Restorative, focus on underlying problems, personalized.
Example: A person with addiction may be offered treatment.
Indigenous Courts and example
Blend traditional and modern legal practices.
Example: Cultural healing practices included in sentencing.
Use restorative justice to focus on healing.
Example: Restoring harmony in the community rather than punishing.
Elders play a key role in guiding decisions.
Example: Elders provide cultural insight during sentencing.
Operate as provincial courts with alternative sentencing options.
Example: Community service instead of jail.
Notable Indigenous courts
1.Gladue courts (Ontario)
2.Tsuu T’ina Peacemaking Court (Alberta)
3.ndigenous Peoples Court (Thunder Bay, ON)
Provincial/Territorial Circuit Courts and examples
Serve remote communities where regular courts are unavailable.
Example: A judge travels to a northern community.
Promote equitable access to justice.
Example: A trial held in a remote town prevents unfair delays.
Consider local customs in decision-making.
Example: A judge considers Indigenous traditions in sentencing.
Provincial/Territorial Superior Courts and examples
Handle serious offenses and appeals.
Example: A person convicted of robbery appeals here.
Review legal errors from lower courts.
Example: A superior court corrects a trial error.
J
udges have extensive experience and uphold ethical standards.
Example: A senior judge ensures fair legal proceedings.
Supreme Court of Canada (SCC) and examples
Highest court in Canada, established in 1875.
Example: The SCC upheld the Charter of Rights and Freedoms.
Interprets the Constitution & Charter.
Example: The SCC ruled against unlawful detainment.
Ensures public trust through impartiality.
Example: The SCC remains neutral in controversial cases.
Courtroom Workgroup and examples
Includes judge, crown counsel, defense lawyer, and others.
Example: The prosecutor presents evidence, and the defense lawyer argues for the accused.
Collaboration ensures justice.
Example: A probation officer provides insight into sentencing.
Judicial Ethics & Accountability and example
Judges must follow integrity, impartiality, and legal duty.
Example: A judge rules based on facts, not personal beliefs.
Judicial independence ensures fairness.
Example: A judge rules without political pressure.
J
udicial accountability through the Canadian Judicial Council.
Example: A judge accused of misconduct faces an investigation.
The Challenges of Case Delay and examples
Delays caused by rising crime and limited resources.
Example: A backlog results in trial postponements.
Lack of funding disrupts trials.
Example: A case is delayed due to an overwhelmed court.
Restorative justice helps reduce delays.
Example: Offenders and victims reach agreements outside of court.
Addressing the Lack of Diversity in the Judiciary and examples
Lack of diversity is a key issue in the judiciary.
Example: Most judges come from similar backgrounds.
Quotas ensure a more representative judiciary.
Example: Implementing quotas for women and minority judges.
Summary Offences and example
Less serious offences: Minor crimes with limited societal impact.
Example: Stealing a candy bar would likely be a summary offence.
Penalties: Maximum of 2 years less a day imprisonment and/or a fine of up to $5,000.
Example: A DUI offender may face a fine and a short jail sentence.
Indictable Offences and example
More serious offences: Involve a full trial with a judge and jury.
Example: Murder is always an indictable offence.
Preliminary hearing: Determines if there is enough evidence for trial.
Example: A robbery suspect may have a preliminary hearing before trial.
Penalties: Lengthy prison sentences or other severe consequences.
Example: Aggravated assault may result in several years in prison.
life example: Murder, robbery, aggravated sexual assault.
Example: A violent home invasion is an indictable offence.
Purpose and Principles of Sentencing and example
Sentencing: The punishment imposed on a convicted person.
Example: A convicted thief might be sentenced to a fine or prison.
Goal: Protect society and uphold the law.
Example: A domestic violence offender may receive therapy and probation.
Principle of Restraint: Sentences should be fair, just, and not excessive.
Example: A judge may impose a shorter sentence for a non-violent crime.
Sentencing Goals and example
Utilitarian: Prevents future crimes through deterrence and rehabilitation.
Example: A repeat offender may get a longer sentence to deter others.
Retributive: Punishment is proportionate to the crime.
Example: A violent offender receives a harsher sentence.
Restorative: Focuses on repairing harm and community involvement.
Example: A vandal must repair damage and apologize to victims.
Sentencing Objectives and examples
Denounce unlawful conduct: Society condemns the crime.
Example: A fraudster receives a harsh sentence.
Deter offenders and others: Prevents repeat crimes.
Example: Heavy fines for corporations dumping toxic waste.
Separate offenders from society: Protects the public.
Example: A serial offender is imprisoned.
Rehabilitate offenders: Reintegration into society.
Example: Drug offenders may be sent to rehab.
Provide reparations: Offenders compensate victims.
Example: A thief repays the victim for stolen goods.
Promote responsibility: Encourages accountability.
Example: Community service for an assault conviction.
