Anthropology 2284F/G Lecture 1: Textbook Notes
23 May 2018
School
Department
Course
Professor
MIDTERM
3M 3250
2-5pm
-Cumulative
-More focused on 2nd half
-80/20
-Layout
o15 multiple choice
o2 short answer (5-10 marks)
o1 long answer (20)
-Lecture (70%)
-General ideas from Egan and key points from videos
x]
Textbook Notes
Chapter 7 – The Structure and Operation of the Criminal Courts
-Cases coming into court are more complex
-Legal issues are more challenging
-Work loads are heavier
-Results of the impact of Charter
-Principle of judicial independence
oCitizens have the right to have their cases tried by tribunals that are fair, impartial and immune from political
interference
-Canada does not have uniform court system
-With exception to Nunavut Canadian jurisdictions have 4 levels of courts that deal with criminal cases
oProvincial and territorial
oProvincial and territorial superior courts
oProvincial and territorial appellate courts
oSupreme Court of Canada
-Nunavut is unified single level court
-Number of criminal court cases completed declined from the previous year
-The majority of cases involved a non violent offence
-80% of cases involved a young male accused
-Cases most frequently heard in court
oImpaired driving (11%)
oTheft (10%)
oCommon Assault (10%)
-2/3s of completed cases in criminal court result in a finding of guilt
-Of those who go to trial, the acquittal rate is 3%
The Provincial and Territorial Court System
-The court system has two levels
oProvincial and Superior
-Lowest level of courts
-Judges are appointed by provinces and territories which also fund the courts and have jurisdiction over them
-Nearly all criminal cases begin and end in them
-Sit without juries
-Courts also hear cases under the Youth Criminal Justice Act
-Also include family courts and small claims courts
-Judges may preside over preliminary inquiries which are held to determine if there is enough evidence to warrant a trial
-Deals with less serious cases (historically)
-Judges are confronted with specialized populations that may strain court resources and challenges judges to apply more
appropriate sentences
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-Hear more of these cases in terms of absolute numbers than Superior court
Provincial and Territorial Specialized Problem-Solving Courts
-Recently the number of specialized problem solving courts have been developed that attempt to divert offenders with
special needs from criminal justice system
-Include community courts, drug courts and mental health courts
-In these courts offenders may avoid incarceration by agreeing to abide by specified conditions
-3 defining attributes for problem solving court
oFocus on addressing the underlying problems of offenders, victims and communities
oInteragency and interdisciplinary collaboration
oAccountability to the community
-Have the potential to improve the quality of life in communities, increase resident familiarity with court process and
increase community satisfaction with response to persons in conflict
-Shift from adversarial approach to one centred on treatment and rehabilitation
-Designed to address revolving door syndrome
-Table 7.1 Comparison of traditional courts and problem solving court
-Incorporate concept of therapeutic justice
oThe use of law and the authority of the court as change agents in promoting the health and well being offenders
while ensuring that their legal rights are protected and that justice is done
-Critics say that it blurs the line between treatment and enforcement and that there are coercive aspects of problem solving
courts
-Drug treatment courts
oAvoid jail by participating in drug abuse treatment program and regular drug testing
oCases are diverted to DTC by Crown who determines if accused is eligible
oPerson charged with violent offences are not eligible
oNon adversarial
oJudges become active in treatment planning and in monitoring, rewarding and sanctioning offenders
oDefence and prosecutors work together to attempt to address the addiction needs of offender
oTotal abstinence from drugs is not mandatory
oTo remain in the program must report relapses and demonstrate reduction in level of drug dependency
oOnce completed program less serious offenders may have charges stated or withdrawn
oMore serious offenders may receive probation
oThose who fail program will be processed through regular courts
oDrug treatment court is still a court of law
-Diversion of PwMI: the Mental Health Court (MHC)
oIn the absence of community based resources, persons with MI will be criminalized
oMust admit guilt
oPersons committing sex crimes and serious and violent offences are excluded
oKey feature of CWC is providing offenders with a support network during and after program and sentencing
oTherapeutic and restorative justice
oSupervision that is culturally relevant to reduce offending while still addressing the needs of the victim and the
community
oEffective in meeting its objectives
oOnly 10 in 63 offenders successfully completed the program
oMany offenders have previous criminal records and a long history of alcohol or drug abuse or mental illness
-Effectiveness of specialized courts
oDifficult because wide variations in admissions criteria, services provided and how success is measured
oThere are high rates of non compliance with the conditions imposed by the court and non completion of programs
oDifficult attracting Aboriginal men and women
oUse by visible minorities is also unknown
oPersons who does not have stable residence, have substance abuse issues and who have mental illness are less
likely to complete or partially complete program
oRelationship between gender and ethnicity and program completion has not been examined in Canada
oCourts be most effective in reducing reoffending when principles of risk, needs and responsivity are allowed
-Aboriginal courts
oSection 718.2(e) of CC requires judges to consider sentencing options other than jail for Aboriginal offenders
oAffirmed in R v. Gladue
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oTo address needs of Aboriginal offenders more effectively, several provinces have created courts specifically for
Aboriginal people
oGladue Courts (Toronto)
▪All people in court are Aboriginals
▪When cases are processed every attempt is made to explore all possible sentencing options and
alternatives to imprisonment
oTsuu T’ina Nation Peacemaker Court (Alberta)
▪Involves a peacemaker working with Crown to identify cases that could be appropriately be diverted to
the community’s peacemaking program
oTable 7.2 The Objectives, Process and Effectiveness of Specialized Courts
Provincial and Territorial Circuit Courts
-In many northern and remote areas, judicial services are often provided via circuit courts
-Composed of judge, court clerk, defence lawyer, Crown and translator travel to communities to hold court
-Most extensive circuit court systems of in NWT, north western Ontario, Northern Quebec and Nunavut
-Concerns include
oLengthy court dockets resulting in backlog of cases
oTime constraints on court party
oShortage of interpreters
oGeneral difficulties arising from cultural differences between Canadian law and its practitioners and Aboriginal
offenders, victims and communities
-Judges often face difficult decisions
oShould they remove convicted person from community and place in confinement
-Encouraging elders to participate in court process and are supporting the development of community forums for dispute
resolution and for alternative to jail
-Restorative justice strategies are often applied in this environment
-Balance culture and ensure that the rights and safety of victims are protected
-Cree Court in Prince Albert
oCree speakers and probation officers
The Provincial and Territorial Superior Courts
-Superior courts are the highest level of courts in province and territory
-Administered by the provincial and territorial government
-Judges are appointed and paid by federal government
-10% of criminal cases are heard in the superior courts
-Have two levels
oTrial and appeal
oMay be included in same court or two separate courts
-In Ontario CoA is independent and separate from the Superior court of Justice and Ontario court of justice (2 main trial
courts in province)
-Trial level superior court hears cases involving serious criminal offences
-Appeal level superior court hears criminal appeals form superior court trials
-Trials at this level involve juries
-Involve most serious cases like murder
-After a case is decided at trial level, the accused has the right to appeal verdict or sentence to higher court
-Appeals of provincial court decisions may have to be heard first in superior court
-Appeals from trial divisions of superior courts go directly to provincial and territory (except of Quebec and Alberta)
-These courts are called Court of Appeal
-Must review decisions of lower court
-Focus is on how the law was applied to the facts in the case
-Certain final hearings require at least 3 judges
-Judges are much more isolated spending time researching and writing their opinions in their own chambers
The Supreme Court of Canada (SCC)
-If at least one appellate judge dissents, the unsuccessful party may pursue another appeal at the federal level
-The court of last resort
-Located in Ottawa but hears cases from all over Canada
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Document Summary
Cumulative: 15 multiple choice, 2 short answer (5-10 marks, 1 long answer (20) General ideas from egan and key points from videos x] Chapter 7 the structure and operation of the criminal courts. Citizens have the right to have their cases tried by tribunals that are fair, impartial and immune from political interference. With exception to nunavut canadian jurisdictions have 4 levels of courts that deal with criminal cases o o o o o o o o. Number of criminal court cases completed declined from the previous year. The majority of cases involved a non violent offence. 80% of cases involved a young male accused. 2/3s of completed cases in criminal court result in a finding of guilt. Of those who go to trial, the acquittal rate is 3% Judges are appointed by provinces and territories which also fund the courts and have jurisdiction over them. Nearly all criminal cases begin and end in them.
