Flashcards in Lecture 2 Deck (47)
What does the supreme court of canada do?
1. Review court (Everything that happened in the lower court)
2. Don't listen to witnesses.
What can the supreme court of canada decide?
1. Sustain - no change
2. Set aside - quash - to overrule, if evidence was not sufficient, etc.
3. Order a new trial
4. Bury a new sentence (redo the sentence upward or downward)
5. Uses an odd number of judges so that a decision is made (either 3, 5 or 7, most often 3)
Why does the queen's bench justice of the peace use an odd number of judges?
So that a decision is made
What is the federal court's jurisdiction?
1. All suits against the federal government.
2. Tax appeal - deals with your tax assessment
What is the provincial court's jurisdiction?
- Deals with 95% of all criminal cases (the other 5% are scattered across courts)
- All preliminary hearings, all quasicriminal matters, some civil law
- 1/2 of 1% is criminal law and rest in civil law
-Every civil charge starts here
- Used as a small claim court
- Use you as an example or to place you in rehabilitation
What are the roles of a Justice of the peace?
- To settle very minor criminal matters in the past, now only in traffic/speeding tickets
-Empowered to release the people that have been arrested (minor offences, won't be released for serious ones) (let out on bail)
-Sit in on traffic matters (Speeding, stop light tickets, etc)
-Usually an elderly, well respected individual (retired) not formally trained in law
Higher up the court the greater the jurisdiction
Whats Quasi Judicial?
Between administrative and judicial
What is an administration tribunal?
A body created by a specific statute to carry out the objectives of that statute
What are some examples of Administration Tribunals
1. Highway traffic board
2. Labor Relations Board
3. Liquour and Gaming comission
4. Parole Board
5. Human Rights Commission
6. All school boards
7. Provincial police commission
8 U of S > Board of Governors
9. All various health boards
10. Institute of Chartered Accountants
11. Medical profession act
12. Medical profession act
13. Legal Profession act
14. Professional engineers act
15. Dental Profession Act
Difference between criminal and civil law
-Civil law is a relationship between individiual and individual (e.g. suitin an individual)
-Criminal law is defined as a relationship between state and the individual
What is the standard of proof for criminal and civil law?
Criminal law - Beyond all reasonable doubt
Civil law - A balance of probabilities
What are the two categories of criminal law?
1. Summary conviction - less serious offence
2. Indictable offence - More serious offence
What are some examples of a summary conviction?
-Theft under $5000
- Causing a disturbance in a public place (Shouting, fighting, swearing, etc)
- Soliciting for prostitution
-Joy riding (Stal and car and drive somewhere and then just leave the car)
-Common assault (don't ause bodily harm, no weapon)
-Driving while inhibited
What are some punishments for a summary conviction?
-Could be fined anwhere up to $500
-Imprisonment up to 6 months unless otherwise stated
-If long record the rights to change to an indictable offence (greater punishment)\
-Dual offence means more than one offence
-Jurisdiction is under the provincial court
What are some examples of Indictable offences?
1. Murder (premeditated)
2. Murder (not premeditated)
4. Armed robbert, robbery, robbery with a weapon, robbery with violence
5. Sexual assault (rape)
7. Breaking and entering
What is the penalty for murder that is premeditated?
Mandatory life in prison, cannot apply for parole until 25 years is served
What is the penalty for murder that is not premeditated?
Mandatory life in prison can apply for parole after 10 years
What is the penalty for manslaughter?
Up to life in prison (less than murder)
What is the penalty for armed robbery?
Minimum of 2 years and up to 14 years in prison
What is the penalty for sexual assault (rape) ?
Minor or serious - can carry up to life in prison
What is the penalty for breaking and entering?
Up to 14 years in prison for commercial building and up to life for a household.
What is the procedure if an individual is charged with a summary conviction?
Provicinal court will deal with it as it has absolute jurisdiction over all summary conviction ( Small claims court)
What is the procedure for an indictable offence?
1. Person appears in provincial court and charges are read.
2. They are given a right of election (Choice of whre you want to be tried) e.g. Queen's bench, provincial court
3. Preliminary hearing
What are the procedures for a preliminary hearing?
1) The provincial court judge hears all evidence that the state has against the accused and decides whether to send the case up for trial or discharge the person. When it is decided to be sent up it is called Committal for Trial.
2) Allows accused to hear all the evidence that the state has against them (observe, question the witnesses, etc. without the stress of being found innocent or guilty)
Committal for trial
When a case is decided to be sent up the ladder
The procedures for a trial in provincial and queens bench
-All evidence is heard
-Facts are formed
-Judge makes the decision and gives the reason or reasons for the decision
The procedures for a trial before the judge and jury
-Jury trier of the facts and the judge becomes the trier of the law
What are Quasi-criminal matters?
Any offence that is not under the criminal code of canada. Not criminal, not civil