SOC 3730 Lecture Notes - Lecture 2: Quebec French, Summary Offence, Shoplifting

33 views2 pages
WEEK 2 READINGS GREEN CH. 1 & MCCORMICK CH. 2 SOC3730
CHAPTER 1 [GREENE]: CANADA’S COURTS IN CONTEXT
- Quebec = French civil law But common law in regards to administrative,
constitutional and criminal law
- Central and circuit courts created by the monarch became known as
‘superior’ courts, while local courts were referred to as ‘inferior’ courts
- Norman times superior court judges often fell to bribery most fired king
began to appoint men from the newly developing legal profession
- Middle of the 14th century king had to select superior court judges from the
ranks of experienced lawyers
THE CANADIAN COURT SYSTEM…
- two basic kinds of courts trial and appellate
- trial courts are the courts where judges settle the criminal, civil,
constitutional, or administrative law disputes
- trial courts constitute the basic workhorse of the court system, and they
often specialize in settling either criminal law or private law matters
- federal court the court that hears federal administrative law cases also has
an appeal division
- appeals from trial courts in Yukon are heard by the BC Court of Appeal, and
from the trial courts of Nunavut and NWT = Alberta Court of Appeal
- trial judges always sit alone
- provincial and federal appellate courts usually sit in panels of three but
occasionally in panels of five
- SCC 9 judges often sits in panels of 7 although sometimes in panels of five
or nine
- 1867 Constitution allocated specific responsibilities for maintaining the
primarily unitary court system to each order of government
- federal government appointment of superior court judges and provincial
appellate judges while provincial government has inferior judges
- constitution gave the federal government the responsibility for the criminal
law, while the provinces retained control over most private law matters
- provinces responsible for prosecuting criminal offences in all courts
- federal gov’t assumed responsibility for the prosecution of federal offences in
the late 1960s
- indictable = murder, assault, armed robbery while summary conviction =
shoplifting, minor offences
- hybrid = between indictable and summary crown prosecuting the offence
may opt to proceed by the way of indictment, meaning that the possible
penalty is potentially more severe
- less than 2% of cases involving indictable offences end in trials
- less than 6% of civil trials involve juries
- more than 95% of cases filed do not go to trial, but are settled out of court
JUDICIAL IMPARTIALITY, APPOINTMENT, AND EDUCATION
- judicial education in Canada consists of completing a law degree and having
at least 10 years of experience in legal practice or as a law school professor
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Quebec = french civil law but common law in regards to administrative, constitutional and criminal law. Central and circuit courts created by the monarch became known as. Superior" courts, while local courts were referred to as inferior" courts. Norman times superior court judges often fell to bribery most fired king began to appoint men from the newly developing legal profession. Middle of the 14th century king had to select superior court judges from the ranks of experienced lawyers. Appeals from trial courts in yukon are heard by the bc court of appeal, and from the trial courts of nunavut and nwt = alberta court of appeal trial judges always sit alone. Provincial and federal appellate courts usually sit in panels of three but occasionally in panels of five. Scc 9 judges often sits in panels of 7 although sometimes in panels of five or nine.

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
Booster Classes
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
Booster Classes