Week 9

• List out the Criminal Court System of Canada.

  A) Supreme Court

  B) Provincial and Territorial Courts of Appeal

  C) Provincial and Territorial Superior Courts

  D) Provincial and Territorial Courts

  E) Federal Court of Appeal

  F) Federal Court

  
• What are the responsibilities of the criminal courts?

  The responsibilities of the criminal courts are:

  1. Determine guilt or innocence.
  2. Impose appropriate sentence.
  3. Protect the rights of the accused.
• What is judicial independence in the criminal courts?

  The judicial independence in the criminal courts are:

  • Fair, impartial trials.
  • No political interference.
• What has happened in recent years in regards to court delays? Additionally, how does court delays affect the general population?

  What has happened in recent years regarding court delays and how delays affect the general population are:

  • The number of people who are in jail waiting for a trial has increased.
  • Now outnumbers the number of people who have been convicted and are serving sentences.
  • System inefficiencies can cause people to lose confidence in the system and costs to increase.
• What are some attributes of problem-solving courts?

  Some of the attributes of problem-solving courts are:

  • Focus on addressing underlying problems.
  • Interagency and interdisciplinary collaboration.
  • Accountability to community.
  • Meant to address the "revolving door syndrome" that affects many offenders.
• What is the objective and outcomes of mental health courts?

  The objective of mental health courts is to reduce criminalisation. The outcomes of this are:

  • Reducing offending.
  • Use of acute care and time in custody.
  • Improve life circumstances.
• What is the objective and outcomes of drug courts?

  The object of drug courts is to address addictions and reduce recidivism with treatment. The outcomes of this are:

  • Cost-effective.
  • Can help with long-term offenders.
  • High rates of non-completion.
• What is the objective and outcomes of the Vancouver Downtown Community Court?

  The objective of the Vancouver Downtown Community Court is to address needs of residents in Downtown Eastside, reduce recidivism, and improve safety. The outcomes of this are:

  • Lower remand.
  • More alternatives.
  • High completion.
  • Case times are longer than provincial courts.
• What is the objective and outcomes of Aboriginal courts?

  The objective of Aboriginal courts are to address the circumstances of Aboriginal offenders and reduce overrepresentation. The outcome of this are:

  • More detailed documentation of offenders. However, effectiveness inclusive, thus, overrepresentation continues.
• What is a provincial/territorial circuit courts?

  Provincial/territorial circuit courts are travelling courts that serve remote areas. The problems with this are the backlog of cases, time constraints limit case preparation time, and language and cultural barriers.
• What are the difficulties do Provincial/Territorial Circuit Courts have with sentencing?

  Provincial/Territorial Circuit Courts have difficulties with sentencing in terms of:

  • Balancing between culturally and community-relevant approaches and the rights and protection of victims.
  • Having to decide whether it is better to remove an offender from their home community or immersing them in a foreign environment.
• What are Provincial/Territorial Superior Courts?

  Provincial/Territorial Superior Courts are the highest courts in a province/territory. They hear about 10% of the criminal cases. They have two types of subcourts:

  1. Trial: Serious criminal offences and may involve juries.
  2. Appeal: Criminal appeals of verdict or sentence.
• What is the Supreme Court of Canada?

  The Supreme Court of Canada was established under the Constitution Act in 1867. There are nine judges appointed by governor in council from different regions of Canada. This is the court of last resort and decisions are final.
• What does the Supreme Court often do?

  Supreme Court decisions often involve interpretations of the Charter of Rights and Freedoms and/or complicated issues in private or public law. They do have permission or "leave" to appeal a lower court decision. Also, references. The federal government asks the Supreme Court of Canada for a legal opinion on an important legal question.
• What are two criticisms of Supreme Court?

  The two criticisms of Supreme Court are:

  1. For engaging in social activism on one hand and being deferential to law enforcement on the other.
  2. Federal government – criticism of court decisions that it perceives have undermine anti-terrorism efforts and drug policy.
• What is the Courtroom Workgroups?

  The Courtroom Workgroup are the professionals in the criminal court room. This workgroup consists of: (1) presiding judge, (2) crown counsel, (3) defence lawyers, (4) justice of the peace, (5) court administrators, (6) and sheriffs.
• What are the five ethical principles judges should abide by?

  The five ethical principles judges should abide by are:

  1. Equality
  2. Impartiality
  3. Judicial independence
  4. Integrity
  5. Diligence
• Where do judges come from? What are some concerns of this?

  Provincial/Territorial judges are appointed for life by respective governments. Supreme Court judges are appointed by Prime Minister. There are concerns with this:

  • Appointed, not elected.
  • Importance of political affiliation and patronage.
  • Lack of diversity in judiciary.
• What is the Judicial Conduct in Canada?

  Judges in Canada are held accountable by the Canadian Judicial Council or the provincial local bodies. They often receive complaints from the public regards: displays of gender, racial and religious bias, cultural insensitivity, and conflict of interest. Finally, undue delay.
• What are the responses of the Canadian Judicial Council or provincial local bodies when they receive a complaint about a judge?

  The responses of the Canadian Judicial Council or provincial local bodies when they receive a complaint about a judge are:

  • Reprimand, leave of absence, or removal (which is rare).
  • In most serious cases, judges may choose to resign before council completes inquiry.
• How many levels of courts are there that deal with criminal cases?

  There are four levels of courts that deal with criminal cases.
• Why did problem-solving courts emerge?

  Problem-solving courts emerged as an alternative to the traditional adversarial model of justice.