Chapter 3 - The Resolution of Disputes.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Chapter 3The Resolution of Disputes The Courts y Canadian courts are open to the public y The principle is that justice not only must be done but also must be seen to be done no matter how prominent the citizen and no matter how scandalous the action the procedures are open and available to the public and the pressthere are exceptions 1when the info coming out of a trial may be prejudicial damaging to the security of the nation hearing may be closed to public 2 when children are involved or cases involving sexual assaults common for an open hearing but prohibit publication of names of parties y Some important differences between civil and criminal actionsin civil actions two private persons use the court as a referee to adjudicate a dispute and the judge chooses between the two positions presented Judge requires the person making the claim to show sufficient proof so that there greater than 50 likelihood that the events took place as claimedWith a criminal prosecution the offence is against the state and the victims of the crime are witnesses at the trial The government pursues the matter and prosecutes the accused through a Crown prosecutor Since government is taking action against accused cases are cited for example as R v Jones The R stands for either Rexking or Reginaqueen depending on whether a king or queen is enthroned at time of prosecutionUnlike a civil dispute where decision is based on balance of probabilities in criminal prosecution the judge must be convinced beyond reasonable doubt of the guilt of the accused y Criminal law is restricted to matters found in the Criminal Code y Regulatory offences aka quasicriminal matters include areas as environmental fishing and employment offences do not qualify as criminal actsy Only the federal government has the power to make criminal law Trial Courts of the Provinces y Essentially 4 levels of court structures y Lowest level are Provincial Courtshave criminal jurisdiction over less serious crimes assigned to magistratesjudges under Criminal Codemay include small claims courts civil matters dealing with little money no more than 5000 to 25000 and family courts family matters eg custody issues y The highest trial level court referred to as the Superior Court of a province has unlimited monetary jurisdiction in civil matters and deals with serious crimes 1
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