CRIM 135 SECOND HALF 8-10

• Becoming a lawyer in Canada

  1. University degree with decent GPA

  2. Moderately high LSAT score

  3. 3-year law degree

  4. 9-month articling program

  5. Successful Bar exam

  6. Acceptance into provincial Bar Association
• Canadian Law Schools


  24 to choose from, tuition ranges from $10,481 to $33,040 per year, additional costs for books and materials
• Typical applicant to Canadian law schools

  • GPA range: 3.1-3.9
  • LSAT range: 155-166
• LSAT


  • Consists of Logical Reasoning, Analytical Reasoning, Reading Comprehension, and an unmarked writing sample
  • Designed to assess reading and comprehension, organization and management of information, critical thinking, and analysis and evaluation of reasoning and arguments
• Criticisms of the LSAT

  • Too academic in nature, doesn't determine well-roundedness or advocacy skills
  • Assumption it applies equally to Canadian lawyers
  • Biased towards white, middle-upper class culture
  • No better predictive capability than GPA
  • No evidence high LSAT scorers fare better as lawyers or in law school
• Discretionary applicants


  Students can demonstrate high LSAT, some academic background, but not 3-year degree, assumed relevant 5 years work experience would be an asset
• Access applicants


  Students whose undergraduate performance was affected by proven disadvantage like cultural, socio-economic, medical, physical, or learning disability
• Indigenous applicants


  Considered separately from general applicants, priority for recruitment, basis to admit is likelihood of successful completion and connection to Indigenous community, goal is to encourage applicants from Indigenous communities due to underrepresentation
• Articling


  Apply to law firms, 9 months working full-time under a principal senior lawyer, learning the ropes, exception for those who clerk with a court
• PLTC


  Professional Legal Training Course: practical skills, ethics, practice management, practice and procedure to help new lawyers bridge gap between law school and practice, 10 weeks, then bar exam
• Clerking at SCC, C of A, PSC

  Prestigious position, highly competitive, law clerk researches points of law, prepares memoranda, assists judge, does not replace articling
• Law Societies


  Regulate legal profession in each province, protect public interest, set and enforce standards of conduct, ensure public is well served by competent and honourable lawyers, bring voice to justice system issues
• Character and fitness to practice

  Credentials committee considers factors like age, recentness, reliability, seriousness, underlying factors, rehabilitation, positive contributions, candour, materiality of omissions
• Professional Codes of Conduct


  Duties relating to integrity, competence, honesty, confidentiality, impartiality, avoidance of conflicts, reasonable fees, maintaining respect for profession, not legally binding but vague guidelines
• Litigators and Solicitors


  Litigators specialize in courtroom advocacy, drafting pleadings, giving legal opinions, solicitors handle transactions, legal work not involving court practice
• Defence Counsel


  Represents client's interests, ensures Crown proves all elements of offence beyond reasonable doubt, upholds due process and fairness
• Role of Crown Counsel


  Present evidence of offence in fair and objective manner, gatekeeper of criminal justice system, duties include charging, disclosure, witness preparation, ethical trial conduct, fair bail and sentencing submissions
• Becoming a judge


  • Approx. 10 years active law practice with general knowledge, outstanding legal reputation, personal characteristics like decisiveness, fairness, open-mindedness, compassion, respect, humility, good health, appreciation of diversity, dedication to public service, ability to cooperate
• There are approx. 150 judges, 28 judicial judges, and 300 justices of the peace in the Canadian legal system
• Judicial independence


  Judges appointed through lengthy process for life, mandatory retirement at 75, average salary $350,000, average age 58
• Presumption of judicial impartiality

  Presumption that judges can set aside biases, test is whether a reasonable person would think the judge could make an impartial decision
• Judicial Complaints


  Canadian Judicial Council accepts complaints, conducts independent review, hearing, public inquiry, ultimate consequence is recommendation for removal, most often resignations or early retirement
• Court Clerks


  Administrative function to ensure correct files, track evidence, appearances, orders, fines, interpreters
• Sheriffs


  Escort prisoners, provide security in courtrooms and courthouses, manage jury selection
• Paralegals


  Legal training and knowledge, capable of independent legal work under lawyer supervision, expanding roles beyond traditional junior lawyer tasks
• Notaries Public


  Provide specialized legal services related to wills, property, power of attorney, notarizing documents, do not argue cases in court, regulated by law societies or self-regulatory bodies
• Other court-related support personnel

  • Probation officers, bail supervisors, family justice counsellors, social workers, Indigenous court workers, mental health workers, victim services, support staff, policy analysts, managers, directors
• Community courts, First Nations courts, domestic violence courts

  Specialized courts focused on problem-solving, restorative justice, diversion, mediation, case conferences
• Trial delay and improving efficiency

  Key issues include lack of resources, impact of Charter, adversarial culture, self-represented accused, few contested trials
• Divisions within civil law

  • Torts, contracts, property, family
• Torts


  Remedying private wrongs, breach of legal duty, includes injuries, property damage, misrepresentation, failure to meet duty of care, concerned with damages/liability
• Torts vs Crimes


  • Crimes are public wrongs, offences against public interest, concerned with guilt/innocence, must prove mens rea
  • Torts are private wrongs, offences against individuals, corporations, governments, only need to prove intentional or negligent act causing harm
• Juries in criminal vs civil cases

  • Criminal: 12 jurors, unanimous decision, no input on sentence, only determine guilt/innocence
  • Civil: 8 jurors, 6/8 must agree, recommend disposition
• Tort


  Private wrong, offence against an individual, corporation, or government
• Distinguishing crime and tort

  • Crime is concerned with guilt/innocence
  • Tort is concerned with damages/liability
• Mens rea


  Criminal law must prove a guilty intention accompanied the wrongful act
• Intentional, negligent


  Tort law must only prove the individual either did something intentionally, or was negligent, and caused harm
• Only the initial act must be intentional in tort law; the subsequent consequences of the act may not have been foreseen by the defendant
• Distinctions with juries


  • Criminal: 12 jurors, unanimous decision required, no input on sentence, only determine guilt or innocence
  • Civil: 8 jurors, 6/8 must agree, recommend a disposition, financial award etc.
• Standard of proof - Criminal law

  Crown must prove guilt beyond a reasonable doubt (BARD)