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100

How does the case become reported?

  1. A lawyer obtains a written decision from a Court and submits it to a “Reporter Service”.
  2. Submitted cases go before an editing panel who selects the most important precedent setting cases for publication.
100

Supreme Court Canada ( S.C.A.) Is?

The highest appeal court.

Deals in all areas of criminal, civil and family law.

hears appeals only no trials. Before uneven numbers of justices.

100

What is Civil Branch?

  • Judge alone trials & judge and jury civil trials where damage claims exceed a certain amount.
  • Also deals with all interim motions on civil trials
  • Can also grant injunctive relief
100

Why are classifications relevant

1. establishes the mode of trial ex. judge and jury?

2. Sentencing - indictment more serious than summary with greater penalties.

3. Appeal procedure: Differs depending on classification of Trial

4. Time Limitations: summary conviction

100
what if the accused fails to elect?

Can only be tried by a judge of Ontario Court of Justice (no jury)

  • No election by accused
  • No preliminary hearing
200

What is a Jurisdictional reporter?

Reports major decisions for a limited area (jurisdiction) 

200

Ontario Court of appeal does? 

Deals with all areas of criminal, civil and family law.

hears only appeals of lower courts - no trials.


200

What is family branch?

Only court that can grant divorce and/or equalization of property.

Also deals with custody, access, support.

Judge only for family matters.

200

Criminal courts judge classifcation?

Superior Court Of Justice is Judge and Jury or Judge Alone

Ontario Court Of Justice is Judge Alone

200

More election rules

Crown Can Override the Election By Accused:

  • If the offence is punishable by more than 5 years, the Crown may override with a judge and jury


Re-election by Accused With Crown Consent:

b)  Any time before preliminary hearing or up to 15 days after preliminary hearing

c) If the accused elected a judge of Ontario Court of Justice - up to 14 days before start of trial

300

What is a court specific reporter?

Reports Major decisions from specific courts e.g Supreme Court reports

300

Superior Court of Justice does?

Is a trial court dealing with criminal, civil and family matters.

also is an appeal court for OCJ appeals.

May be a judge alone or judge and jury.

300

What is the Ontario court of justice?

Known as "Provincial court"

Only has two divisions that is criminal and family.

It's an appeals court for provincial offence matters.

300

What is S. 468 & S. 469 (469 offences)?

  • States that Superior Court has sole jurisdiction of all indictable offences 
  • Requires a Preliminary Hearing in OCJ unless accused waives that right.
300

When testifying in court be prepared?


  • Arrive ON time and be prepared
  • May refer to notes but cannot read verbatim
  • Know the case and relevant sections of the C.C. 
400

What is a subject specific reporter 

Reports major decisions from a specific area of law.

400

How many divisions are there in Superior Court Of Justice

1. Criminal

2. Civil

3. Family

400

What is Provincial offences court?

Presided over by a justice of the peace.

Deals with trials involving offences under provincial statutes.

ex. Highway traffic act, liquor licence act

400

What is S. 553 of criminal code?

  • Identifies dual offences that can only be tried by a judge of the Ontario Court of Justice 

    • eg: theft, fraud, false pretence, possession of property obtained by crime, mischief - all under $5,000.00 
  • No Preliminary Hearing - No accused election, no jury
400

What is the procedure?

  • 1.  Witness is sworn or affirmed.
  • 2.  Witness is examined in chief.
  • 3.  Witness is cross examined.
  • 4.  IF NEED BE, witness can be re-examined based on new matters raised during cross-examination.
500

What is an unreported case?

Refers to a written Court decision that has not been published by any Reporter service and therefore, do not have headnotes or other editorial comment.


500

What is Criminal Branch?

  • Judge alone OR judge and jury trials for all serious offences (murder; treason)

    • Includes Bail matters on serious offences
    • Handles appeals from OCJ for criminal trials
500

What is small claims court?

It's a branch of the Superior Court of Justice.

Responsible for "civil" trials where damages do not exceed a specific threshold.

Very busy court

500

Straight Indictable?

An accused charged with an indictable offence, (other than an offence under s.469 or s.533), may elect the following:

  • Judge in Ontario Court of Justice 
  • Judge in Superior Court of Justice
  • Judge & Jury in Superior Court of Justice

500

Rules of Evidence?

Know the rules of evidence:

  • a) Hearsay

    • Not admissible to prove the truth of a matter unless there is an exception. Examples?
  • b) Voir Dire

    • A trial within a trial where evidence is called to determine its validity
  • C) Documentary Evidence

    • before documents can be admitted into evidence, STEPS must be followed