FRSC 1100H Lecture Notes - Lecture 4: Crown Attorney, Parole Board Of Canada, Ultra Vires
Document Summary
Week 4: criminal, civil & administrative justice systems. In order for the mistake to be appealable it usually has to fall within 2 categories: the judge made a gross error in his/her determination of facts given the evidence before him/her (ex. There was no evidence to support the judges factual findings - so a little error on fact does not count); &/or: the judge made a mistake on the law known as an error in law. The appeal courts will decide whether or not they will hear the appeal (murder appeals must be hears) - some must be heard - others are at the discretion of the court. If they decide to hear the appeal, the appeal court does not hear evidence again from the witness like at trial. They make decisions based on written records and lawyers arguments. 3 categories of law in the canadian justice system.