The CRIMINAL
JUSTICE PROCESS
Indictable offence: serious criminal offences under Canada’s Criminal Code
What are some examples?
EXAMPLES: murder acts of terrorism robbery (over a certain amount)drug trafficking certain types of sexual assault violence
Indictable offences
What about these crimes?
Summary offence: minor criminal offence under Canada’s Criminal Code
What are some examples?
EXAMPLES: causing a disturbanceharassment (telephone calls- work)Driving a motor vehicle without the owner’s permission
trespassing communicating to obtain the services of a prostitute
Summary offences
INDICTABLE OFFENCES
• Must have warrant • can arrest without
warrant based on “reasonable and probable grounds”• No limit on when
accused may be charged
• Fingerprints required by law• Can apply for pardon
after 5 years
SUMMARY OFFENCES
• Can be arrested without a warrant
• Must be charged within 6 months of alleged crime
• Fingerprints not required• Can apply for pardon
after 3 years
INDICTABLE OFFENCES
• Option to be tried before judge alone or before judge + jury
•Maximum punishment: serious fines, life imprisonment
SUMMARY OFFENCES
•Tried before judge alone
•Maximum punishment: $2000 fine, 6 months imprisonment or both
The Courts/Trial
Murder of Reena Virk CaseNov 14, 1997Victoria, B.C.
http://www.youtube.com/watch?v=oX0pjKkZaOQ
What: On 14 November 1997, 14 year old Reena Virk was swarmed and beaten by a group of 8 teenagers in Victoria, B.C., at the south end of the Craigflower Bridge. After the beating, bloodied and bruised, Virk made her way across the bridge to head home. Two of the original attackers, Warren Glowatski and Kelly Ellard, followed Virk to the other end of the bridge to assault her again. Ellard allegedly held Virk’s head under water for several minutes until she drowned.
The Facts: VICTIMReena Virk’s body was found 8 days after she was beatenShe was 14 years old
The FactsKelly Ellard (15 years old at time of crime)Accused of murdering Reena Virk
The FactsWarren Glowatski (16 years old at time of crime)Accused of murdering Reena Virk
The Facts6 girls (14-16 years old at time of crime)Accused of assault causing bodily harm
The Trial
Adversarial System
Warren Glowatski:
DEFENDANT
JUDGE
The CROWN(prosecution)
Two opponents:CROWN vs. DEFENDANT (roles?)PROSECUTION vs. DEFENCEEach side will argue his/her caseBased on evidence, the “truth” will emerge
Adversarial System
The Courts/Trial
INDICTABLE OFFENCES SUMMARY OFFENCES
• Must have warrant for arrest based on “reasonable and probable grounds”
• Can be arrested without a warrant
• No limit on when accused may be charged
• Must be charged within 6 months of alleged crime
• Fingerprints required by law
• Fingerprints not required
• Can apply for pardon after 5 years
• Can apply for pardon after 3 years
INDICTABLE OFFENCES SUMMARY OFFENCES
• Option to be tried before judge alone or before judge + jury
• Tried before judge alone
• Maximum punishment: serious fines, life imprisonment
• Maximum punishment: $2000 fine, 6 months imprisonment or both
http://www.courts.ns.ca/jwise/index.html#beginMovie
CIVIL LAW
CIVIL LAW:What is meant by the cartoons? What is the tone of the cartoons?What does it say about Civil Law?
Can you think of Civil law judges?