CRIM 2652 Lecture Notes - Lecture 13: Crown Attorney, Provincial Superior, United States Territorial Court
2 May 2018
School
Department
Course
Professor
Problem Solving Courts
Three Main Features:
- Focus on underlying problems,
- Interagency collab
o Wide range of knowledge and expertise
o Come together to tailor responses and interventions
- Accountability to the community
- Therapeutic justice
- Treatment and rehab vs traditional legal adversarial
Provincial superior courts (higher courts)
- Judges appointed and paid for by federal gov
- Hear more serious indictable offences
- May also hear appeals of summary conviction trails at provincial or territorial courts
Provincial courts of appeal
- Hear only appeals of crim and non-crim cases
- Decisions are binding an all courts in that province
Supreme court
- Highest court in the land
- Hears only appeals from provincial courts of appeal
- Decisions are binding on all courts
Bedford v. Canada 2010
Key players
Crown Attorney:
- 17-18th centuries, prosecutions private; compensate not punish
- undertaken by the state/breaches against the Crown
- best interest of the public
o done in the name of the public
- broad discretionary authority
o iteded to esure theres a separation between the gov and justice
- dual role (contradictory)
o minister of justice (impartial)
▪ facilitate a fair trial
o player in adversarial process (vested interest)
R.v. Stinchcombe (1991)
- the fruit of the investigation in its possession are not the property of the crown
Power/Duties of the crown
- to detail in custody
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Interagency collab: wide range of knowledge and expertise, come together to tailor responses and interventions. Treatment and rehab vs traditional legal adversarial. Judges appointed and paid for by federal gov. May also hear appeals of summary conviction trails at provincial or territorial courts. Hear only appeals of crim and non-crim cases. Decisions are binding an all courts in that province. Hears only appeals from provincial courts of appeal. 17-18th centuries, prosecutions private; compensate not punish. Undertaken by the state/breaches against the crown. Best interest of the public: done in the name of the public. Broad discretionary authority i(cid:374)te(cid:374)ded to e(cid:374)sure there(cid:859)s a separation between the gov and justice. Dual role (contradictory: minister of justice (impartial) facilitate a fair trial, player in adversarial process (vested interest) The fruit of the investigation in its possession are not the property of the crown. Power/duties of the crown to detail in custody.
