CRM 2300 Lecture Notes - Summary Offence, Henry Morgentaler, Rex (Title)
30 Oct 2013
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Provincial/territorial court: most summary charges are dealt here. Appeal: sometimes not considered a court system, if you appeal a conviction, not about whether they"re guilty or not guilty, it"s a dispute of processes. Supreme court of canada: highest court, deal with charter of rights challenges, cases they need to expand and interpret law and make it more clarified. Defines the nature of various criminal offences such as murder. Specifies various legal elements to be present before a conviction can be entered against an accused person: eg. Feeny committed first-degree murder and police approach his trailer and see him sleeping and see his bloody shirt on the floor and the weapon. They entered the trailer and took the evidence and charged him. Brought him to court and went through the process but he had a defense because the police didn"t follow the legal element before conviction because they did not have a warrant to enter his premises.
