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THE TRIAL IN CANADIAN COURTS – Part 1

THE TRIAL IN CANADIAN COURTS – Part 1. LAW 12 MUNDY - 2008. TRIAL SYSTEM. Canada’s system of trials is called the ADVERSARIAL SYSTEM, for it involves two opposing sides: 1. the Crown – representing society 2. the defence – representing the accused. TRIAL SYSTEM.

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THE TRIAL IN CANADIAN COURTS – Part 1

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  1. THE TRIAL IN CANADIAN COURTS – Part 1 LAW 12 MUNDY - 2008

  2. TRIAL SYSTEM • Canada’s system of trials is called the ADVERSARIAL SYSTEM, for it involves two opposing sides: • 1. the Crown – representing society • 2. the defence – representing the accused

  3. TRIAL SYSTEM • For serious indictable offences tried in the Supreme Court of BC, both a judge and jury is used (or accused may choose jury or judge, depending on severity of crime, usually in BC Provincial Court) • For summary offences tried in BC Trial Courts, only a judge is used

  4. TRIAL SYSTEM • Serious indictable offences (for Supreme Court of BC) that require a trial by jury include: • Murder • Accessory to murder or treason • Treason • Sedition • Piracy • Mutiny

  5. JURIES AND JURY SELECTION • ADVANTAGES OF TRIAL BY JURY: • Lawyer only needs to persuade one of the jurors, as a conviction requires unanimous decision by jury • Juries do not know of case precedent, so would decide based on social values at the time • Juries may empathise with the accused

  6. JURIES AND JURY SELECTION • ADVANTAGES OF TRIAL BY JUDGE • Jury might be prejudiced against accused • Jury might be swayed by lawyers’ arguments alone (not facts of case) • Jury finds technical legal details hard to understand, yet must follow them when making decision of guilt

  7. JURIES AND JURY SELECTION • EMPANELLING = selection of jurors • STEPS INVOLVED: • List of possible jurors collected from BC voters list • Jury Panel randomly selects at least 75 possible jurors from list • People chosen in step 2 are summoned to court (failure to do so results in warrant and charges)

  8. JURIES AND JURY SELECTION • STEPS INVOLVED, cont’d: • Prospective jurors are called one at a time, wherein judge exempts those who: • Have a relationship with a participant in trial • Have a personal interest in the trial • Have a personal hardship

  9. JURIES AND JURY SELECTION • STEPS INVOLVED, cont’d: • Defence and Crown challenge the prospective jurors – three types: • Challenge the jury list • Challenge for cause • Peremptory Challenge

  10. JURIES AND JURY SELECTION • Challenging the jury list: • General challenge in which either side (defence or Crown) can use • Must show that Jury Panel was impartial or fraudulent in its selection of prospective jurors on list • Ex. – if almost all on list are women or people over forty or missing one ethnicity

  11. JURIES AND JURY SELECTION • Challenge for cause: • Must show that a prospective juror does not meet requirements for jury duty • Ex. – not on jury list; exempted; juror has formed an opinion against accused prior to trial, etc. • No limit to number of challenges for cause that can be made by either side

  12. JURIES AND JURY SELECTION • Peremptory challenge: • Either side may use this to challenge a prospective juror without need for reasons • # of uses by each side depends on severity of charges: • 20 challenges for 1st degree murder and treason • 12 challenges for crimes with penalties over 5 years • 4 challenge for crimes with penalties under 5 years

  13. JURIES AND JURY SELECTION • If no suitable number of jurors found from candidates chosen from jury list: • Judge may order to have more chosen randomly from jury list • Judge may also have sheriff pull prospective jurors from off the street

  14. JURIES AND JURY SELECTION • Jury Duties and Rules include: • Swearing in and taking seat in jury box • Listening to evidence to consider a verdict • Must not discuss case (including evidence, testimony and discussions with jurors in and out of court) with anyone other than other jurors in case • Jurors are allowed to go home after each day, except when ordered to be sequestered

  15. JURIES AND JURY SELECTION • SEQUESTERING = • Comes from order by judge • Jury must remain isolated from members of public, through accommodation & meals, for duration of trial • Purpose is to ensure that jury is not influenced by outside opinions or information (media, friends, etc.)

  16. JURIES AND JURY SELECTION • Other jury Duties and Rules include: • Juror may be excused during trial for valid reasons • Number of jurors cannot fall below 10, or else new trial is ordered • Jurors are entitled to token payment for services: • $20/day for first 10 days • $60/day for 11-49th days • $100/day for 50+ days

  17. JURIES AND JURY SELECTION • For more information on juries and jury selection in BC’s courts, head to the following web page: • http://www.ag.gov.bc.ca/courts/general/jury_duty_english.htm

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