Exam 7: The Structure and Operation of the Criminal Courts

Jessica is being tried for disturbing the peace. Her case is being heard in a provincial court without a jury. Which type of trial is this?

As of 2013, which of the following types of cases was most likely to be heard in criminal court?

Briefly describe the structures of judicial accountability in Canada and then offer an assessment of their effectiveness.

How does the case of R v. Sharpe (Box 7.2; p. 157) highlight the tension between individual rights and the need to protect the general public? Consider the decision made by the Supreme Court of Canada and the subsequent decision of the B.C. Supreme Court, which found that Sharpe's written work had "artistic value." Among the issues that could be discussed are the extent to which the courts should consider the notion of "community standards" in making decisions, and how the courts can balance the rights of the community, the defendant, and, in this case, children.

Discuss the trend with respect to the increasing use of specialized courts in the Canadian provincial court system. Identify and briefly discuss the objectives underlying their use.

Which of the following provinces/territories has a unified, single-level court system?

Provincial/territorial courts sit without juries.

Consider the role of specialized courts in Canada. Why do they exist? Taking into account the research evidence, are they effective? Why or why not?

What is the primary structure of accountability for federally appointed judges?

The judge, Crown counsel, and defence lawyer all play key roles in the court process. What group do these individuals belong to?

In contrast to the U.S., there are no elected judges in Canada. Address the following issues: a) is the current method by which judges are appointed in Canada appropriate? b) should judges be appointed for life? c) should the system be changed so that judges are elected? and d) what are the arguments that can be made for and against electing judges?

Judges at both the provincial and federal level are appointed by the federal government.

The Supreme Court of Canada is the "court of last resort."

Discuss the concerns that have been voiced about the circuit court system in the northern regions of the country.

Rick plays an important role in the courtroom. He is responsible for escorting the accused to and from the courtroom and for assisting with jury management. What is Rick's role?

How have the cases heard at the provincial/territorial court level changed in recent years. Why is this a problem?

What does the term "hybrid offence" refer to in the Canadian Criminal Code?

Which of the following statements is NOT true regarding the Supreme Court of Canada?

Define the term "therapeutic justice." How does this term relate to specialized courts in Canada?

Compare and contrast traditional courts with problem-solving courts. How are they similar? How do they differ?