Exam 7: The Structure and Operation of the Criminal Courts

Gary's role in the courtroom is very important. He is referred to as the "trier of fact" and he is solely responsible for this duty. What is Gary's role?

Which of the following is a part of the operation of "therapeutic justice"?

Section 469 of the Criminal Code lists a number of non-electable, indictable offences, including murder, treason, and piracy. Which of following statements is NOT true regarding these indictable offences?

Which of the following is NOT mentioned as a concern regarding the use of the provincial/territorial circuit court system?

In cases of indictable offences, what type of hearing is held to determine whether there is sufficient evidence to proceed with a trial?

Nearly all criminal cases begin and are disposed of in the provincial courts.

The Charter of Rights and Freedoms guarantees the accused the right to a jury trial if the alleged offence carries a maximum sentence of more than five years' imprisonment.

Consider the role and aims of Aboriginal courts. Are they achieving their proposed goals? Why or why not?

Roman is a judge who was federally appointed but works in a court that is administered by the province of Manitoba. He hears appeal cases from decisions made at both the superior court level and the provincial/territorial court level. Which court is Roman appointed to?

Provincial superior court judges are appointed and paid for by the federal government.

Superior courts generally have two levels: trial and appeal.

Arthur is a judge who was appointed by the federal government to a court administered by the province of Saskatchewan. His court tries the most serious criminal cases and is the court of first appeal for provincial matters. Which court is Arthur appointed to?

Provincial court judges may sit with or without a jury.

Which level of court is the beginning and end for nearly all criminal cases?

The federal court of appeal is the final court of appeal for civil cases.

Briefly explain where Canadian judges come from.

Cecilia is a judge who was appointed by the Prime Minister of Canada. The court she hears cases in is the final court of appeal for criminal and civil cases. Which court is Cecilia appointed to? ?

The cases heard most often in adult criminal court are impaired driving, theft, and common assault.

Discuss where judges come from in Canada. How does this appointment structure facilitate judicial independence in the Canadian court system? Are you concerned with the homogeneity of judges in Canada in terms of the majority being white Anglo-Saxon males? Do you think the structures of judicial accountability in the Canadian system are sufficient? Discuss these structures, using the cases of Justice J.E. Scanlan (Box 7.3; p. 168) and Judge Ramsay (Box 7.4; pp. 169).

Discuss electable offences and identify and describe the three modes of trial that the accused can choose from.