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Chapter 6

SOSC 2652 Chapter Notes - Chapter 6: Provincial Superior, Indictable Offence, Restorative Justice


Department
Social Science
Course Code
SOSC 2652
Professor
Anna Pratt
Chapter
6

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Chapter 6
With the introduction of the Charter of Rights and Freedom there is an increased
workload with more challenging legal issues
Supreme Court-Provincial Superior Court(Appeal)- Provincial Superior Court (Trial)-
Provincial Court
The courts are responsible for determining the guilt or innocence of accused persons
and for imposing an appropriate sentence on those who are convicted
They are also responsible for ensuring the rights of accused persons are protected
Judicial Independence- citizens have the right to have their cases tried by tribunals that
are fair, impartial, and immune from political interference
The Provincial Court System
In every province and territory it has two levels: provincial and superior
Nunavut is the only exception
The Provincial Courts are the lowest level of courts; nearly all criminal cases are begun
and disposed of in them
Judges are appointed by the provinces which also fund these courts and have
jurisdiction over them
Federal Court
If at least one appellate judge dissents the unsuccessful party may pursue another
appeal at the federal level
“Court of last resort”- The Supreme Court of Canada- is located in Ottawa but hears
cases from all provinces and territories
Judicial interim release(bail)- release by a judge or JP of a person who has been
charged with a criminal offence pending a court appearance
Formal Criminal Courts Versus Restorative Justice Approaches
Attribute Court Restorative Justice
Participants Experts Local People/non-residents
Process Adversarial State v. offender Consensus community v.
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