CRMN 1000U Lecture Notes - Lecture 7: Legal Aid, Pro Bono, Centralisation
13 Jun 2018
School
Department
Course
Professor
November 3, 2107
Pretrial Criminal Procedure and The Courts and Criminal Trial Procedure
Lecture 7
The First Appearance
• Following laying of charges
• Charges read to the defendant
• Other decisions at this stage:
o Bail decisions
o Appointment of legal aid lawyers
Bail
• The bail hearing:
o the most important step fo a aused peso i the iial poess.
(Linden, in Friedland 2004: 98)
• Parliament passed:
o Bail Reform Act (1972)
o Established: system of interim release
o Basis for bail in Canada
Bail reform act
• Creation – result of Ouimet Committee
• Recommendation:
• Suspects not placed in detention
• Unless, thought as only means to ensure appearance of accused in court
• Preference – release into community pending trial
Ladder Approach
• …the prosecutor must justify greater degrees of restrictions on the accused (s. 515[2]
of the Ciial Code. Goff,
Bail
• Released on bail – number of potential conditions:
o Report to police officer
o Recognizance
o Deposit
• Preference for a surety – monitor accused until trial
Bail hearings
• Most hearings – quick
• Officer- makes recommendation to crown prosecutor
• Conditions of release
find more resources at oneclass.com
find more resources at oneclass.com
• When debate takes place – usually relates to conditions of release not release itself
Legal Aid
• A government supported system that allows individuals who are earning below a
certain amount to receive free legal services. Goff,
• Section 10(b) of Charter:
o ight to etai ouil ithout delay
• Early days of criminal justice system:
o Defense lawyers – free legal aid (pro bono work)
o Social responsibility
o Recent decades – formal legal aid programs across Canada
▪ ieed as oth a aspet of soial elfae ad a ipotat opoet
of a effetie justie syste. Johstoe ad Thoas :
• First province: Ontario in 1967
• 1973: Federal funding began
o Government funding
• Federal government funding cuts
o Result: increase in cost falls upon provincial budgets
Legal aid – three models
• Judicare
o BC, Alberta, Ontario
o Qualified legal aid recipient – certificate
o Benefits:
o Lower costs
o One lawyer – throughout case
o Service availability
o Select own lawyer
o Client can make selection based on best interest
• Public Defender (Staff System)
o Saskatchewan, Newfoundland and Labrador, Nova Scotia, Yukon
o Lawyers employed by provincial government
o Benefits:
▪ Lawyers on salary
▪ Other public defender contacts
▪ Better representation
▪ Centralized system (greater efficiency)
• Mixed or combined approach (combination of the above two)
o Manitoba, Quebec, New Brunswick, Northwest Territories, Nunavut, Prince
Edward Island
o Recipient chooses from panel (staff or private)
find more resources at oneclass.com
find more resources at oneclass.com
Legal Aid: Less Funding
Self-Help Model
• On own
• uudled seies – various steps of process
• No ongoing representation
Prosecutorial Screening Process
• Police – arrest, lay charges
• Prosecutor will not automatically proceed with the case
• Many defendants – never brought to trial
• Crown prosecutors: have a lot of discretions
o …hae itually ufetteed disetio as to when to charge, what to charge,
when the charge should be reduced or dropped (Stuart and Delisle 1995:522).
(Goff, 255)
• Case attrition
• Prosecutor decides:
o Trying the case in court
o Plea bargaining
o Staying proceedings
o Dismissing charges
• Most important factor: sufficient evidence
• Additional factors:
o Case priorities
o Record of accused
o Nature of witness
o Credibility of victims (or witnesses)
o Accused will testify against someone else (in different trial)
Guided Models
• Transfer Model – little screening, charge most cases
o Key factor: resources
• Unit Model – significant amount of discretion – minimal organization guidance
• Legal Sufficiency Model – screened by legal elements – sufficient legal grounds
• System Efficiency Model – Cases disposed of in quickest manner possible, only cases
with high likelihood of success prosecuted
• Trial Sufficiency Model – Only if conviction is likely will case go to court, resources
secondary
• Defendant Rehabilitation Model - Is it possible to rehabilitate the defendant?
Plea Bargaining
• ay ageeet y the aused to plead guilty i etu fo the poise of soe
eefit. La Refo Coissio of Caada : i Goff,
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Pretrial criminal procedure and the courts and criminal trial procedure. The first appearance: following laying of charges, charges read to the defendant, other decisions at this stage, bail decisions, appointment of legal aid lawyers. Bail: the bail hearing, (cid:862)the most important step fo(cid:396) a(cid:374) a(cid:272)(cid:272)used pe(cid:396)so(cid:374) i(cid:374) the (cid:272)(cid:396)i(cid:373)i(cid:374)al p(cid:396)o(cid:272)ess. (cid:863) (linden, in friedland 2004: 98, parliament passed, bail reform act (1972, established: system of interim release, basis for bail in canada. Bail reform act: creation result of ouimet committee, recommendation, suspects not placed in detention, unless, thought as only means to ensure appearance of accused in court, preference release into community pending trial. Ladder approach: (cid:862) the prosecutor must justify greater degrees of restrictions on the accused (s. 515[2] of the c(cid:396)i(cid:373)i(cid:374)al code(cid:895). (cid:863) (cid:894)goff, (cid:1006)(cid:1008)(cid:1013)(cid:895) Bail: released on bail number of potential conditions, report to police officer, recognizance, deposit, preference for a surety monitor accused until trial.
