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Ch. 9 Criminal Court
Chapter 9: The Criminal Court System
| Term | Definition |
|---|---|
| Provincial Court. | The lowest level in the hierarchy of Canadian courts. |
| Preliminary Hearing | A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial |
| Appeal | An application to a higher court to review the decision made by a lower court |
| Superior Court of Province | The highest criminal and civil court, consisting of a trial division and an appeal division |
| Court of Appeal | A court with the authority to review decisions made by lower courts |
| Federal Court of Canada | A court with jurisdictions to hear civil and criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred by the Attorney General |
| Supreme Court of Canada | The highest appeals court in Canada, also deals with constitutional questions referred to it by the federal government |
| Leave | Permission to appeal a decision from a lower court to a higher court |
| Beyond a Reasonable Doubt | A standard of proof whereby a defendant's guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence |
| Judge | The court official appointed to try cases in a court of law and to sentence convicted person |
| Justice of the Peace | A court official who has less authority than a judge but who can issue warrants and perform some other judicial functions |
| Accused | In criminal court, the person charged with committing a criminal offence |
| Duty Counsel | A lawyer on duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court |
| Defence Counsel | A lawyer who defends an accused person on trial |
| Crown Counsel | The lawyer representing the government, responsible for instituting legal proceedings against the accused |
| Evidence | Information that tends to prove or disprove the elements of an offence |
| Court Clerk | The court official who assists the judge |
| Court Reporter | The court official who records everything said in court during a trial |
| Transcript | A typed record of everything said in court during a trial |
| Court Security Officer | The court official who maintains security in the courtroom |
| Sheriff | The court official responsible for jury management |
| Bailiff | The court official who assists the sheriff |
| Witnesses | Persons who give evidence while under oath or affirmation in a court of law |
| Subpoena | A court order requiring the witness to appear in court on a certain date to give evidence |
| Perjury | Knowingly making false statements in court while giving evidence under oath or affirmation |
| Jury | In a criminal trial, a group of 12 people who decide whether the accused is guilty or not guilty |
| Jury Panel | The large group of randomly selected citizens from which jury members are chosen |
| Burden of Proof | The Crown's obligation to prove the guilt of the accused beyond a reasonable doubt |
| Direct Examination | The first questioning of a witness to determine what he or she observed about the crime |
| Cross-Examination | The second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel |
| Motion for Dismissal | A request by defence counsel that the Judge dismiss the charges against the defendant |
| Directed Verdict | A decisions by the Judge to withdraw the case from the jury and enter a verdict of not guilty |
| Rebut | To contradict evidence introduced by the opposing side |
| Surrebuttal | A reply to the opposing side's rebuttal |
| Hearsay Evidence | Evidence given by a witness based on information received from someone else rather than personal knowledge |
| Direct Evidence | Testimony given by a witness to prove an alleged fact |
| Circumstantial Evidence | Indirect evidence that leads to a reasonable inference of the defendants guilt |
| Character Evidence | Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence |
| Electronic Surveillance | The use of any electronic device to overhear or record communications between two or more people |
| Wiretapping | The interception of telephone communications |
| Bugging | Recording a speaker's oral communication by using an electronic device |
| Voire Dire | A mini-trial in which jurors are excluded while the admissibility of evidence is discussed |
| Charge to Jury | The judges explanation to the jurors of how the law applies to the case before them |
| Hung Jury | A jury that cannot reach an unanimous verdict |
| Appellant | The party that files an appeal |
| Respondent | The party that responds to an appeal |
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