Week 12

• What is crown counsel?

  Crown counsel represents the Crown (government) in court. They prosecute criminal cases and proves beyond a reasonable doubt that the accused is guilty. They are a representative of justice. Their goal is not to win cases but to present evidence.
• What is duty counsel?

  Duty counsel are lawyers paid by legal aid that are the accused's first point of contact after arrest. They give advice about legal rights, obligations, and the court process. They may represent the accused during a criminal trial, but not always. Additionally, each province has its own duty counsel program and parameters of responsibilities. Other legal aid arrangements often made with private lawyers.
• What are some of the activities of Crown counsel?

  • Advise police
  • Prepare for trial
  • Negotiate please
  • Develop strategies
  • Manage witnesses
  • Argue bail conditions
  • Recommend sentences
  • Appeal sentence
• What is the act of "laying an information?"

  Usually falls under the police responsibility. It is a document that outlines the allegation of criminal law breaking. It is often brought before a justice of the peace. It also may be used to issue warrant or summons. It also can be used after suspect is arrested or issued an appearance notice, or before.
• Why are charges often not laid in many cases?

  • Victim refuses to cooperate.
  • Suspect or important witness dies.
  • Suspect is referred to psychiatric facility.
  • Suspect was under the age of 12.
  • Reliability and admissibility of evidence.
  • Crown workload.
  • Expense too much for severity of crime.
• Which provinces do police need Crown approval before laying charge?

  The three provinces which police need Crown approval before laying a charge are: New Brunswick, Quebec, and British Columbia
• Judicial Interim Release (Bail)


  The release by a judge or JP of a person who has been charged with a criminal offence pending a court appearance.
• What are the four steps of Judicial Interim Release (bail)?

  1. Show Cause: Crown must demonstrate that the detention of the accused until their trial is necessary.
  2. Reverse Onus: Accused must justify their release.
  3. Recognizance: Forfeit money if they fail to appear in court.
  4. Surety: Friend or relative who ensures the accused person will appear in court; forfeit money.
• What are bail decisions influenced by and what are their conditions?

  Bail decisions are influenced by:

  • Number of charges pending
  • Whether accused has a fixed address
  • Concerns provided by police

  Bail conditions are influenced by:

  • Conditions for release
  • Abstinence, house arrest, non-association
  • Increase in conditions set up for failure. This affects marginalised individuals.
• What is pretrial remand?

  Pretrial remand is by warrant of committal by a justice of peace or judge. This is issued for a violation of release conditions. Often, this is issued for individuals who are feared to not show up for court, reoffend before court date, have not arranged bail.
• What percentage of individuals in prisons are on remand?

  60% of provincial jail populations are prisoners on remand. 25% of those on remand are in prison for offences against the adminsitration of justce (breach of probation or conditions).
• What are security certificates?

  A process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite time.

  Part of the immigration and Refugee Protection Act since 1978, but gained considerable attention after 9/11.

  Underscores challenge of balancing individual rights with those of society.
• What are the three models of legal aid services?

  1. Judicare: Most common. Accused persons who qualify for legal aid certificate retain a private lawyer who bills the legal aid place for services rendered.
  2. Legal Aid Clinic: Salaried lawyers provide services through a clinic. Generally less expensive than the judicare model and becoming more common in an attempt to reduce costs.
  3. Mixed: Both private and legal aid staff lawyers providing legal services.
• What are arraignment and plea?

  Charges are read open in court. Guilty plea is common and proceeds directly to sentencing. However, an individual can plead not guilty. This is a plausible defence if the accused wants to exercise right to trial; or is given by a lawyer's advice; and may strengthen position in any plea bargaining that may occur.
• Plea Bargaining

  An agreement whereby an accused pleads guilty in exchange for the promise of a benefit. Some examples of pleas are: withdrawal of some charges, reduce charge, proceeding summarily, concurrent versus consecutive sentences, join submission about sentencing, and guilty please discount.
• Disclosure of Evidence

  • Also known as "discovery"
  • Crown must release all relevant evidence to the defence, especially exculpatory evidence.
  • Defence is not required to disclose evidence.
  • Disclosure puts the biggest burden on law enforcement who are responsible for assembling the relevant documentation.
• Stay of Proceedings


  Act by Crown to terminate or suspend court proceedings after they have commenced.
• Closed Courtrooms


  Trials must be public in the interest of justice and only rarely are courtrooms closed to the public.
• Publication Bans


  Identification of complaint or witness and any identifying information is not published.
• Rape Shield Provisions


  Provisions that make the sexual history of victims of sexual assault inadmissible as evidence.
• During a trial, what does the crown and defence do?

  During a trial the crown and defence does:

  • Crown: call witnesses, present evidence, prove guilt beyond a reasonable doubt.
  • Defence: Cross examine witnesses, challenge crown evidence. motion to dismiss, present their version of events.
• Label the defences.

  A) Wrong person

  B) Mental state

  C) Justification

  D) Procedural

  
• What is Bill C-54?

  Bill C-54 was not passed by the senate. The characteristics of this bil lare:

  • Bill C-54 proposed three major changes to the mental disorder regime.
  • (1) Removed the "least onerous and least restrictive" requirement when determining the appropriate disposition for an NCR accused.
  • (2) It created the "High-Risk" accused regime.
  • (3) It added new procedural requirements that will provide notice to victims of when CNR accused are discharged into the community.
• The Jury

  • Essential attributes of a criminal jury: impartiality, competence, and representativeness.
  • Representativeness and Indigenous peoples: lack of representation of jury rolls and distrust and lack of knowledge of the criminal justice system.
• What are three outcomes of appeals?

  State the diagram.

  A) Verdict

  B) Sentence

  C) Legal error at trial or new exculpatory evidence.

  D) Too lenient or severe.

  E) Outcomes

  F) appeal not heared, heared and dismisseed, subsitute