Textbook Notes (369,072)
Canada (162,366)
Sociology (1,112)
SOC 3730 (43)
Chapter 1.1

CHAPTER 1.1.docx

3 Pages

Course Code
SOC 3730
Michelle Dumas

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WEEK 2 READINGS – GREEN CH. 1 & MCCORMICK CH. 2 – SOC3730 CHAPTER 1 [GREENE]: CANADA’S COURTS IN CONTEXT - Quebec = French civil law But common law in regards to administrative, constitutional and criminal law - Central and circuit courts created by the monarch became known as ‘superior’ courts, while local courts were referred to as ‘inferior’ courts - Norman times – superior court judges often fell to bribery – most fired – king began to appoint men from the newly developing legal profession - Middle of the 14 century – king had to select superior court judges from the ranks of experienced lawyers THE CANADIAN COURT SYSTEM… - two basic kinds of courts – trial and appellate - trial courts are the courts where judges settle the criminal, civil, constitutional, or administrative law disputes - trial courts constitute the basic workhorse of the court system, and they often specialize in settling either criminal law or private law matters - federal court – the court that hears federal administrative law cases also has an appeal division - appeals from trial courts in Yukon are heard by the BC Court of Appeal, and from the trial courts of Nunavut and NWT = Alberta Court of Appeal - trial judges always sit alone - provincial and federal appellate courts usually sit in panels of three but occasionally in panels of five - SCC – 9 judges – often sits in panels of 7 although sometimes in panels of five or nine - 1867 Constitution allocated specific responsibilities for maintaining the primarily unitary court system to each order of government - federal government – appointment of superior court judges and provincial appellate judges while provincial government has inferior judges - constitution gave the federal government the responsibility for the criminal law, while the provinces retained control over most private law matters - provinces responsible for prosecuting criminal offences in all courts - federal gov’t assumed responsibility for the prosecution of federal offences in the late 1960s - indictable = murder, assault, armed robbery while summary conviction = shoplifting, minor offences - hybrid = between indictable and summary – crown prosecuting the offence may opt to proceed by the way of indictment, meaning that the possible penalty is potentially more severe - less than 2% of cases involving indictable offences end in trials - less than 6% of civil trials involve juries - more than 95% of cases filed do not go to trial, but are settled out of court JUDICIAL IMPARTIALITY, APPOINTMENT, AND EDUCATION - judicial education in Canada consists of completing a law degree and having at least 10 years of experience in legal practice
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