THE CLASSIFICATION OF CRIMINAL PROCEEDINGS FOUNDATIONAL EDIFICE

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The Type of Criminal Trial you get depends upon the type of offence committed
Summary Conviction (generally less serious) Indictable offences (generally more serious offences) Hybrid Offences (can be prosecuted as either summary or indictable)

Summary Conviction Offences

Trial in provincial court before judge acting as judge and jury

Process begins with laying an Information setting out the charge and minimal facts
Maximum penalty $5000 and/or six months unless otherwise stated in the statute (See Code s. 787)

S 787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both. Marginal note: Imprisonment in default where not otherwise specified (2) Where the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term not exceeding six months.

Indictable Offences Process begins by preferring an indictment setting out the offence and bare facts Method of trial can be in provincial court before a judge alone, in superior court before a judge or in superior court before a judge and jury Mode of trial depends on the statutory provision (See s. 469) or the election of the accused

S. 553 absolute jurisdiction of Provincial Court S. 469 absolute jurisdiction of Superior Court (almost always by judge and jury) Everything else: determined by the election of the accused Option #1: Trial in Provincial Court (No Preliminary Inquiry) Option #2: Trial by Judge Alone in Superior Court (After Preliminary Inquiry in Provincial Court) Option #3: Trial by Superior Court Judge and Jury (After Preliminary Inquiry in Provincial Court)

Hybrid Offences
Offence can be either punishable on summary conviction or as an indictable offence Crown decides how to proceed If by indictment, the accused may choose the mode of trial What are the considerations? What method of trial will be used for

Arson for fraudulent purpose (s.435(1) CCC Murder or Culpable Homicide (s.229, 235(1) CCC Aggravated assault (s. 264 onwards) Sexual assault (s.271 (1)) CCC Public nudity or acts of vagrancy (s.174(1)(a) CCC Driving while disqualified(s.259(4)) CCC

GENERAL PROCEDURE FOLLOWED IN A CRIMINAL TRIAL STEPS

Arraignment Plea Opening Statements (Sometimes) Crown Case Crown case closed Defense Case Closing Statements Charge to the Jury Verdict Sentence

The
Different Stages Of Criminal Proceedings

Crowns Case
Crown calls witnesses to give evidence on each of the elements of the offence Witnesses may be subpoenaed or warrant may be issued if witness deliberately fails to show up Crown examines each witness in direct examination (in chief) Defense may cross examine the witness Accused sometimes can cross examine Crown witnesses, if not represented by lawyer or court agent

WHAT THE DEFENCE COUNSEL/ ACCUSED MAY DO:

The Defense may: Make a no evidence motion ( i.e. crown has not met evidentiary burden) or Not call evidence (ie argue Crown has not met legal burden) or Call witnesses that may or may not include the accused

HOW DOES THE DEFENCE PROCEED

Witness called and examined by defense counsel (in chief) Witness may be cross-examined by Crown counsel (or other defence counsel where there are co-accused)

THE ROLE OF AN ACCUSED IN A CRIMINAL TRIAL

The role of an accused in a criminal trial is similar to that of a witness and Accused can be cross examined Crown can raise the criminal record of the accused but not otherwise

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