9:15 - 11:50 D Block Legal Studies
12:30 - 3:05 A Block Physical Geography
D Block Legal Studies - To start today, we'll examine our Criminal Court System...The Courts of British Columbia
The Criminal Court System in Canada
Provincial Courts — Criminal Division (example: the British Columbia Provincial Court)
This is the trial court that most students will be familiar with as it involves the finding of facts, witness testimony, and the introduction of evidence. If a mistake is made at this stage, then an appeal can be made to a higher court. This court:
• arraigns the accused (reads the charge and enters the plea) in all criminal cases
• holds preliminary hearings for most severe indictable offences, where the accused elects to have the case tried in a higher court
• hears and tries criminal summary conviction cases and the least serious indictable offences such as theft under $5000
The judges in this court are appointed by the provincial governments.
Provincial Superior Court — Appeals and Trials (example: the British Columbia Supreme Court)
This court is the court of first appeal with respect to criminal cases arising in the provincial court. This court:
• tries the more severe crimes such as manslaughter and sexual assault, and the most severe indictable offences such as murder and armed robbery
• hears criminal appeals in summary conviction cases
• sets provincial precedent; decisions must be followed by provincial court judges in that province
• can be composed of a judge alone or a judge and jury
The judges in this court are appointed by the federal government.
Provincial Court of Appeal (example: the British Columbia Court of Appeal)
This is the highest court and the final court of appeal in the province. Many appeals stop here as the Supreme Court of Canada accepts only appeals that are deemed to be of great importance. Appeals are heard by three or more judges, depending on the case. Their decisions may be either unanimous or majority judgments. Split two-to-one judgments are not uncommon. When the court releases its decision, it also provides explanations for the majority vote, and dissenting judges provide their reasons for disagreeing. This court:
• hears appeals from the trial division of provincial superior courts
• sets provincial precedent; decisions must be followed by all judges in that province
• has three to five judges to hear all appeals
The judges in this court are appointed by the federal government.
Federal Courts
This is Canada’s national court system that hears legal disputes with the federal government. In 2003, the former Federal Court of Canada was separated into two distinct courts: the Federal Court, and the Federal Court of Appeal. The Federal Court has jurisdiction over cases involving federal government boards, tribunals and commissions, and issues within federal jurisdiction. These include immigration and citizenship matters, and intellectual property (such as copyright and trademark issues), as well as cases involving the federal government. The Federal Court of Appeal hears appeals of decisions by the Federal Court. Decisions of this court may be appealed to the Supreme Court of Canada. Both the Federal Court and the Federal Court of Appeal have regional offices in all major cities in Canada, although the judges and the main court facilities are located in Ottawa.
Supreme Court of Canada
The Supreme Court of Canada (SCC) is the final court of appeal in our country. Even though the SCC is the highest court in the land, not all parties — individuals, organizations, or even governments — have the right to appeal to it. Before it agrees to hear an appeal, the court determines if the issue is of great importance or if a question of law must be decided or interpreted. However, there is an automatic right of appeal when there is a split decision from a provincial court of appeal. Like the provincial courts of appeal, the SCC may be either unanimous or split. The Supreme Court of Canada:
• has unlimited jurisdiction in criminal matters
• hears appeals from provincial appeal courts and the Federal Court of Appeal
• hears cases of national importance (for example, interprets the Charter of Rights and Freedoms or clarifies a criminal law matter)
• generally grants leave (permission) before the appeal will be heard
• sets a national precedent in its judgments; these decisions must be followed by all judges in all courts of Canada
The nine judges of the Supreme Court are appointed by the federal government and can serve until age 75.
EVERYONE should read this Globe & Mail article on former Supreme Court Chief Justice Beverley McLachlin who retired from the Supreme Court of Canada in December 2017. From the article...
The Criminal Court System in Canada
Provincial Courts — Criminal Division (example: the British Columbia Provincial Court)
This is the trial court that most students will be familiar with as it involves the finding of facts, witness testimony, and the introduction of evidence. If a mistake is made at this stage, then an appeal can be made to a higher court. This court:
• arraigns the accused (reads the charge and enters the plea) in all criminal cases
• holds preliminary hearings for most severe indictable offences, where the accused elects to have the case tried in a higher court
• hears and tries criminal summary conviction cases and the least serious indictable offences such as theft under $5000
The judges in this court are appointed by the provincial governments.
Provincial Superior Court — Appeals and Trials (example: the British Columbia Supreme Court)
This court is the court of first appeal with respect to criminal cases arising in the provincial court. This court:
• tries the more severe crimes such as manslaughter and sexual assault, and the most severe indictable offences such as murder and armed robbery
• hears criminal appeals in summary conviction cases
• sets provincial precedent; decisions must be followed by provincial court judges in that province
• can be composed of a judge alone or a judge and jury
The judges in this court are appointed by the federal government.
Provincial Court of Appeal (example: the British Columbia Court of Appeal)
This is the highest court and the final court of appeal in the province. Many appeals stop here as the Supreme Court of Canada accepts only appeals that are deemed to be of great importance. Appeals are heard by three or more judges, depending on the case. Their decisions may be either unanimous or majority judgments. Split two-to-one judgments are not uncommon. When the court releases its decision, it also provides explanations for the majority vote, and dissenting judges provide their reasons for disagreeing. This court:
• hears appeals from the trial division of provincial superior courts
• sets provincial precedent; decisions must be followed by all judges in that province
• has three to five judges to hear all appeals
The judges in this court are appointed by the federal government.
Federal Courts
This is Canada’s national court system that hears legal disputes with the federal government. In 2003, the former Federal Court of Canada was separated into two distinct courts: the Federal Court, and the Federal Court of Appeal. The Federal Court has jurisdiction over cases involving federal government boards, tribunals and commissions, and issues within federal jurisdiction. These include immigration and citizenship matters, and intellectual property (such as copyright and trademark issues), as well as cases involving the federal government. The Federal Court of Appeal hears appeals of decisions by the Federal Court. Decisions of this court may be appealed to the Supreme Court of Canada. Both the Federal Court and the Federal Court of Appeal have regional offices in all major cities in Canada, although the judges and the main court facilities are located in Ottawa.
Supreme Court of Canada
The Supreme Court of Canada (SCC) is the final court of appeal in our country. Even though the SCC is the highest court in the land, not all parties — individuals, organizations, or even governments — have the right to appeal to it. Before it agrees to hear an appeal, the court determines if the issue is of great importance or if a question of law must be decided or interpreted. However, there is an automatic right of appeal when there is a split decision from a provincial court of appeal. Like the provincial courts of appeal, the SCC may be either unanimous or split. The Supreme Court of Canada:
• has unlimited jurisdiction in criminal matters
• hears appeals from provincial appeal courts and the Federal Court of Appeal
• hears cases of national importance (for example, interprets the Charter of Rights and Freedoms or clarifies a criminal law matter)
• generally grants leave (permission) before the appeal will be heard
• sets a national precedent in its judgments; these decisions must be followed by all judges in all courts of Canada
The nine judges of the Supreme Court are appointed by the federal government and can serve until age 75.
EVERYONE should read this Globe & Mail article on former Supreme Court Chief Justice Beverley McLachlin who retired from the Supreme Court of Canada in December 2017. From the article...
Ultimately, her achievements were remarkable. She would go on to help shape Canadians' fundamental rights as much as any judge in the country's history, from the legalization of assisted dying (Carter v. Canada), to a huge expansion of Indigenous rights (Tsilhqot'in Nation v. British Columbia), to a rebalancing of how police and the legal system treat people accused of crimes.I'll have you read through "Our Criminal Court System" from pages 134-136 in the All About Law textbook and complete questions 1-5 on page 138.
After, please read each scenario and determine what court would address the issue.
A Block Physical Geography - I have the learning commons/library reserved for the class so that you may continue working on your Orting college development project. Ask yourself,
- A trial is taking place for a person who is charged with the summary conviction offence of pretending to practice witchcraft contrary to section 365 of the Criminal Code.
- An issue of national importance has been dealt with by the provincial supreme court and the provincial court of appeal. The party that lost at the court of appeal wants the issue reconsidered.
- A trial is being held about an intellectual property matter.
- The Crown thinks that a sentence given in the provincial supreme court for a person convicted of sexual assault is too lenient and is appealing the sentence.
- A person is charged with the indictable offence of aggravated assault and is having their preliminary hearing.
- A person is on trial for the indictable offence of impaired driving causing death.
- A person loses their copyright case and wants to have the decision reviewed by a higher court.
- A person was convicted of a summary conviction offence and is appealing the decision.
- The provincial court of appeal makes a decision. What courts are bound to follow that decision?
- In a split decision, the court of appeal affirms the conviction of a person charged with murder. The convicted individual wants the case considered by a higher court.
To end the day, if there's time, we'll watch an episode of Law & Order from season 9 (episode 1) called "Cherished". From tv.com:
After a baby girl is found dead, Briscoe and Curtis investigate the family and learn that her adopted family and brother were trying to keep some painful secrets. Jack gets a new partner, Abbie Carmichael, who had a 95% percent success rate in her four years with Special Narcotics. Together McCoy and Carmichael try to prove that the little girl's brother committed the crime
The episode deals with some pretty heavy stuff (child abandonment and fraud) and to see a real life example check out the Pravda news article here. The real life case surrounds a couple who adopted a child from a Russian orphanage and a decision was handed down in the case in 2008. From the Salt Lake Tribune:
A Tooele Utah mother who admitted to killing a 14-month-old boy she and her husband adopted from Russia was sentenced Friday to prison for up to 15 years. Kimberly K. Emelyantsev, 34, who had pleaded guilty to second-degree felony child-abuse homicide in the death of Nicoli Emelyantsev, offered a tearful apology in 3rd District Court.
I'll have you be the judge for the Law and Order episode and I'll ask you to make a decision about Dr. Andrei Kostov, Megan Connery and /or Edward Connery.
After a baby girl is found dead, Briscoe and Curtis investigate the family and learn that her adopted family and brother were trying to keep some painful secrets. Jack gets a new partner, Abbie Carmichael, who had a 95% percent success rate in her four years with Special Narcotics. Together McCoy and Carmichael try to prove that the little girl's brother committed the crime
The episode deals with some pretty heavy stuff (child abandonment and fraud) and to see a real life example check out the Pravda news article here. The real life case surrounds a couple who adopted a child from a Russian orphanage and a decision was handed down in the case in 2008. From the Salt Lake Tribune:
A Tooele Utah mother who admitted to killing a 14-month-old boy she and her husband adopted from Russia was sentenced Friday to prison for up to 15 years. Kimberly K. Emelyantsev, 34, who had pleaded guilty to second-degree felony child-abuse homicide in the death of Nicoli Emelyantsev, offered a tearful apology in 3rd District Court.
I'll have you be the judge for the Law and Order episode and I'll ask you to make a decision about Dr. Andrei Kostov, Megan Connery and /or Edward Connery.
A Block Physical Geography - I have the learning commons/library reserved for the class so that you may continue working on your Orting college development project. Ask yourself,
What is the greatest danger to Orting? Of all that could potentially happen at Mount Rainier what poses the greatest threat? Now ask yourself what triggers that threat? What causes it to happen? Last think about the statistical likelihood of that event happening. How likely is the event to occur in the next 5, 10, 100, or 1000 years?Check out the risk analysis section of the COTF website for help here. I'll remind you that this assignment is due next Wednesday and it is crucial that you hand it in to me as we will be at the end of our unit. Maybe take a look at this article. Or the video "How dangerous are the Northwest's Volcanoes?"
And more websites to help you with your decision:
Mount Rainier: Active Cascade Volcano (pdf downloadable book)
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