Purpose of Courts
- Interpret and apply the law
- Ensuring the rights of the accused are protected
- Determining Guilt or Innocence, or doling out a remedy.
- Imposing a Sentence
What is Legal Aid
- Public servant lawyers who represent individuals in various areas of law.
- The lawyer must have a minimum number of years experience in law.
- Provided by social programs, using an equity based payment system.
- Recent cuts make it more difficult to get representation.
The Structure of Federal Courts
Ontario Court Structure
- Ontario courts are divided into three levels of court:
- Court of Justice (OCJ)
- Superior Court of Justice (SCJ)
- Court of Appeal
- Supreme Court of Canada
- Judges or Justice of the Peace listen to cases, guide the process, and render verdict and or sentencing.
- Courts contain a number of public servants. (Bailiff, Security Officer)
- Lawyers and judges specialize in one category of law.
Types of Offences
In Canada, there are three types of criminal offences defined in the Criminal Code. Classified and prosecuted according to severity:
- Summary Conviction - A less serious criminal offence, sometimes known in other places as misdemeanors (e.g. Shoplifting).
- Indictable - A more serious criminal offence with a severe punishment (e.g. Murder).
- Hybrid - A criminal offence in which the Crown decides how to treat the charge (summary or indictable).
Categorizing the Courts
Court of Justice
Hears:
- Summary offenses.
- Less serious indictable offences (defined in s.553 of the Criminal Code).
- Hybrid cases which are tried as summary.
- Heard by one judge, no chance of jury.
Superior Court of Justice
Hears:
- Major offenses (as defined in s.469 of the Criminal Code) and some hybrid offenses. Generally by a judge and jury (if the 5 year sentencing minimum is met), unless the parties consent to a judge alone.
- Small Claims: Civil cases for claims of less than $25,000 are heard by a judge.
- Civil Case Appeals for Small Claims and claims up to $50,000.
- Appeals: Appeals of summary offenses and family matters from the OCJ.
Bail Court
- Determines whether a person charged with crime(s) should be held in jail until the trial is completed. Justices of Peace preside over hearing. Pertains to all courts.
Youth Court
- Specialist court, with Youth Court judges, deals with young people under the Youth Criminal Justice Act. Pertains to OCJ.
Family Law
- OCJ - Custody, access and support (not during divorce), enforcement of child support, child protection, and adoption matters are heard.
- SCJ - Hears all family matters including divorce and separation. Presided over by a single judge.