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SOC 3730 (86)

January 24 1.docx

7 Pages

Course Code
SOC 3730
Michelle Dumas

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January 24, 2013 – SOC 3730 – M. Dumas COURTS AND SOCIETY – THE COURTS AND SUPREME COURT - media plays huge influence in how we perceive court - going to trial is extremely rare in criminal cases o only about 10% of cases actually go to trial o most cases are pleaded out prior to any court o go to court to finalize plea agreement and that usually ends it - crown’s do things on behalf of the state - function of court depends on the model of criminal justice - there is alternatives for young offenders especially STRUCTURE OF CANADIAN COURTS - objective measures o based on case, based on punishment, based on complexity of case and possible outcomes - types o lower courts  traffic, family, summary offences, municipal bylaws, provincial bylaws o higher courts  superior, trial courts, superior appeal, indictable offences for crimes, provincial appeals, final authority/jurisdiction if it went to SCC o highest court = SCC  13 provincial courts, 1 federal court Canadian Courts Outline Supreme Court of Canada Appeal CourtroAppeall Courts of Fof Appealurt Military CourPT Superior Federal Courtax Court of Court Canada Federal Provincial ProvincialAdministrative AtribunalstivCourts Tribunals January 24, 2013 – SOC 3730 – M. Dumas Nunavut Court of Justice - it’s a new court - there is only one judge - court type (circuit) - interpreters Military Courts - under the rules of national defence act - only if you are part of the Canadian forces - military appeal court – only hear cases that were dealt with first in military court - panel of three judges at the appeal court level for the military Tax Court (Federal) - under the rule of tax court of Canada act - created and established first as federal court in 1983 - defendants can be individuals or companies (usually companies) - tax and revenue legislations – settling a disagreement about - seen as a last resort option o have to go through other options first, and last resort is to go to federal tax court Federal Courts - 5 principle o principles of court based on democratic principles – how us as a democracy want to deal with the functions of court o the 5 principle create a system of federal courts that deal directly with federal government as a party o want to have a principle where we can go to court as a party, and raise issues concerning administrative law or other laws that deal with federal departments o established in 1971 o under the jurisdiction of the federal court act - superior court – federal court – all cases are tried by trial - trial division as well as an appeal division - jurisdiction compromised mostly of administrative law – mostly business related – deals with federal statute Federal Court Cases - inter-provincial disputes - federal-provincial - intellectual property – copyright, patents or others related - anything related to citizenship heard at federal court level - crown corporations – corporations owned by the state - departments – any disputes among departments in the federal government January 24, 2013 – SOC 3730 – M. Dumas Federal Court-Jurisdiction - citizenship, immigration, refugee status - issues with elections - official languages and laws that have to do with such - privacy rights, access to information, privacy issues, who can access which information - passports – problems with passport or its not being recognized, or you are being denied a passport - security and federal institutions - public – if they were a public service employee - aboriginal and first nation rights Provincial/Territorial Courts (PT) - 1 principle - known as lower courts - want a court that deals with most routine cases and has less serious outcomes - courts deal with high volume amount of cases, low delay courts, and be able to disperse them in many geographical locations - traffic offences - typically only one judge that resides - no juries in provincial or territorial courts - judges – appointed and paid by the province - justice of the peace – magistrates – swear an oath with police – if police want to get warrant approved – marriage license – also swear oaths - divisions – typically judges get a very good idea of the cases that come before them and of routine and what is expected PT Courts - cases – procedures are brief, routine, expected, quick
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