court has jurisdiction to hear the case, the powers of police to arrest, the accuseds right to be released before trial, and the kind of trial the accused receives. Three Types of Offences Summary Conviction Offences Indictable Offences Hybrid Offences
Summary Conviction These offences are the least serious and trials for these convictions are held at the lower courts of the Ontario Court of Justice. The accused does not have a right to a jury trial. Trials in these cases are held in front of a judge alone, and sentencing for this type of offence ranges, with the maximum penalty being a fine of up to $2000 and/or six months in jail, unless otherwise specified by law.
Summary Conviction Cont Usually a person is not arrested for a summary offence, but will receive a notice to appear in court. The accused does not have to appear in court personally. A lawyer may represent the person in the court proceedings. A person cannot be fingerprinted for a summary conviction offence and is eligible for a pardon three years after the sentence is completed. Examples of summary offences include: causing a public disturbance, loitering, and having open alcohol in public.
Indictable Offences Indictable offences are more serious than summary offences The procedure followed depends on the seriousness of the offence. For less serious indictable offences, trials are done before a provincial court judge, while the most serious indictable offences, such as murder, must be tried by a judge and jury. For some indictable offences, the accused is put to an election between being tried by a provincial court judge, a superior court judge alone, or a superior court judge with a jury. Indictable Offence Cont A person charged with an indictable offence must show up personally in court. There is no limit on how much time can elapse between the alleged act and the arrest, which means that police can charge the person years after the offence occurred. The maximum penalty for indictable offences is life imprisonment. Examples of indictable offences include: murder, robbery, and kidnapping. Hybrid Offence Hybrid offences are also known as dual procedure offences and can be tried as either summary conviction or indictable offences. The Crown chooses whether it wants to prosecute as a summary or an indictable offence, usually depending upon the circumstances of the incident, and factors about the offender. Examples of hybrid offences include: impaired driving, assault, theft under $5000, and failing to provide the necessaries of life. Most offences in the Criminal Code are hybrid offences. Hybrid offences are treated as indictable offences until the Crown chooses which way it wants to proceed. This means that an accused will be fingerprinted on arrest, even though it is possible that he will be tried for a summary conviction offence. The Courts Outside of civil law, there are mainly five types of courts in Canada:
1. Provincial Court Criminal Division 2. Provincial Superior Court Appeals & Trials 3. Provincial Court of Appeal 4. Federal Court 5. Supreme Court of Canada Provincial Court - Criminal This court
Arraigns the accused (reads charge; enters plea) Holds preliminary hearings for very serious indictable offences Hears and tries summary conviction offences and less serious indictable offences (e.g. theft under $5000) Judges are appointed by provincial governments.
Provincial Superior Court This court
Tries the most serious crimes (murder, robbery) Hears criminal appeals in summary offences Sets provincial precedent; new decisions must be followed by other judges in that province Can be a judge alone or judge and jury Judges are appointed by the federal government.
Provincial Court of Appeal This court
Is the final court of appeal in the province Sets provincial precedent for other judges to follow Has three to five judges to hear appeals Judges are appointed by the federal government.
Federal Court This court
Is divided into two parts: Federal Court and Federal Court of Appeal Hears legal disputes that involve the federal government (e.g. jurisdiction, immigration, copyright issues) Decisions of this court may be appealed to the Supreme Court. Supreme Court of Canada This court
Is the highest court of appeal in the country Hears appeals but only under certain conditions: issue must be of national importance a law must be interpreted Has unlimited jurisdiction and usually sets national precedents when issuing a decision There are nine judges on the Supreme Court; they are appointed by the federal government and can serve until they reach the age of 75. First Court Appearance Accused enters a plea to the charge.
About 90% of accused plead guilty!
For a summary conviction (a fairly minor criminal action) the judge will sentence immediately.
For an indictable conviction (a more serious criminal action) the judge will remand the case for up to 8 days before sentencing. Preliminary Hearing Not Guilty Plea Allows a Provincial Court Judge to decide if there is sufficient evidence to proceed with a trial in higher court.
The Crown has to make a prima facie; it must present enough evidence to convince a judge that a reasonable jury could find the accused guilty. On the other hand, the Defence will put forward its evidence and/or arguments to prove that the Crown does not have a case.
If the Defences evidence/arguments are strong enough, charges will be dropped and no trial will take place. Preliminary Hearing Not Guilty Plea Here, the Defence obtains more evidence against the accused.
The Defence can cross-examine.
The accused can waive the right to a preliminary hearing and go right to trial.
This usually happens when the Crown discloses its evidence at the first court appearance. Assignment Read pages 202-209 in All About Law. Answer questions 1-10