The Criminal Court System

1. The Criminal Court System CLu3M: Criminal Law

2. The Criminal Court Structure • The federal government is responsible for formulating criminal law and procedure but it is the provinces that are responsible for administering the criminal court system • Provincial court systems are very different- we will discuss Ontario • All provinces have a lower provincial court, a superior court (trials) and a superior court for appeals • The highest court in the country that effects all provinces and federal government is the SCC

3. Provincial Court System • Bottom of the hierarchy of courts • Judges are appointed by the Provincial government • Cases are tried by a judge alone, not a jury • Ontario's provincial courts are divided into Criminal, Youth Justice, Family and Small Claims Courts • Judges in Provincial courts have the jurisdiction to hear summary and certain indictable offences

4. Provincial Court System • The criminal code of Canada designates which crimes can be tried in a provincial court and which must be tried by a Superior Court • Cases such as Murder must be tried in a Superior Court since there will be a judge and a jury • Provincial court also hear cases against provincial statutes (driving laws) and municipal bylaws • All preliminary hearings are conducted in a provincial court • Preliminary hearings are used to determine whether there is sufficient evidence to put the accused on trial by a higher court • A filter to save time and money for our court system

5. Superior Courts • The Superior Court of each province hears appeals from summary convictions (one judge hears the appeal) • Appeals from indictable offences are heard by an appeal division of the Superior Court, which consists of three to five judges • Also has jurisdiction over civil matters • Only what is listed under section 469 of the Criminal Code can be heard at the Superior Court Trial Division and must include a jury**

6. 469. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than • (a) an offence under any of the following sections: • (i) section 47 (treason), • (ii) section 49 (alarming Her Majesty), • (iii) section 51 (intimidating Parliament or a legislature), • (iv) section 53 (inciting to mutiny), • (v) section 61 (seditious offences), • (vi) section 74 (piracy), • (vii) section 75 (piratical acts), or • (viii) section 235 (murder); • Accessories • (b) the offence of being an accessory after the fact to high treason or treason or murder; • (c) an offence under section 119 (bribery) by the holder of a judicial office; • Crimes against humanity • (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; • Attempts • (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or • Conspiracy • (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

7. Superior Courts • Superior Courts will also hear cases involving crimes listed in section 554 of the Criminal Code • These are crimes where the accused has an option of choosing a judge or a judge and a jury (breaking and entering, robbery, attempted murder etc…) • An appeal from a trial in a superior court will be heard by the Superior court appeal division • A panel of judges hear these and rule with a majority vote

8. Federal Court System • Federal courts- all claims involving the federal government and appeals from government commissions and bodies • Tax Court of Canada- a federal court that hears cases involving Canada’s income tax matters • Court Martial Court • The Nisga’a Aboriginal tribe has their own court in British Columbia- its decisions are accepted by the Superior court in BC • Supreme Court of Canada- Nine justices- 3 from Quebec, 3 from Ontario, 2 from Western Canada and 1 from the Atlantic- hears only appeals- decisions are based on majority vote and dissenting opinions are published