oEx: immigration, intellectual property, and maritime law
oSpecialized court here is the:
Tax court of Canada.
4.Provincial/territorial and Federal courts of appeal: above these courts.
Function of these courts is to:
o Review decisions rendered by superior-level courts
oDo not normally conduct trials or hear evidence from witnesses
Finally top of the court chain is the Supreme Court of Canada (SCC): created in 1875
This is the final court of appeal
Case must have been appealed in relevant courts lower in the chain before comes
here. Even then there are very limited rights to appeal to the SCC.
Fuction of the SCC include:
oGuidance to the federal gov on law related matters, ex: interpretation of
the Canadian Constitution.
SCC consists of:
o8 judges + the chief justice (currently Beverly McLachlin)
All appointed by the Federal government
Sentencing in Canada:
Process defined as:
oJudicial Determination of a legal sanction upon a person convicted of a crime
Purpose of sentencing: to change the behavior of both convicted offenders and the general public,
more specifically 2 deterrence exist:
1.Specific Deterrence: sentencing in order to reduce probability that an offender will reoffend
in the future.
2.General Deterrence: Sentencing in order to reduce probability that members of the general
public will offend in the future
Criminal code lays out explicitly various purposed of sentencing to provide judges with a
guideline in making sentencing decisions.
Other objectives are to:
oDenounce unlawful conduct
oSeparate offenders form society
oProvide reparations for harm done to victims or community
oPromote sense of responsibility
Facts about sentencing:
Judges often consider more than one goal. Ex: when prison sentence given, this both reduces
probability of re-offending as well as separating them from society.
Goals can be incompatible with one another. Ex: 25 years in prison, is keeping them away
from society, but not an effective way of rehabilitating them.
Different judges hand down sentences for different reasons. Ex: one judge might sentence
promoting sense of responsibility, while another over same issue may sentence to deter
general public from violating the law.
The Principles of Sentencing:
Numerous sentencing principles exist meant to guide sentencing decisions, these are laid out in
Criminal Code, specifically:
The Fundamental principle of Sentencing: the belief that sentences should be proportionate
to the gravity of the offence and the degree of responsibility of the offender.