WDW101Y1 Lecture Notes - Lecture 5: Adversarial System, General Jurisdiction, Summary Offence
10 Dec 2015
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Permanent courts exist in large urban areas/ circuit courts in small, rural communities. Difference b/w courts of limited" & general" jurisdiction at prov. level. Limited: deal w/ minor (summary) crim. manners, conduct bail hearings, some specialized courts in major urban centres, single magistrate (judge, justice) makes decisions, magistrates provide law enforcement agents w/ search warrants, subpoenas, summonses, remand warrants. General: deal w/ serious offences, trial by judge(+jury), specialized also w/i courts of general jurisdiction (drug courts, family violence) Judges decide on cases where convicted indiv. or crown prosecutor appealing a decision made by lower court. Scc highest appeal court; cases hand-picked" by judicial subcommittees b/c they involve issues of general importance. Defendant & prosecution have right to appeal. Convicted person can appeal conviction, sentence, being found mentally unfit to stand trial. Accused may appeal if it involves point of law, question of fact. Prosecution may appeal an acquittal or sentence on issues involving point of law, not questions of fact.
