CRIMINAL TRIAL PROCESS

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CRIMINAL TRIAL PROCESS
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TRIAL SYSTEM IN CANADA

• Trial procedures in Canada are based on the
  ADVERSARIAL SYSTEM two opposing sides- the
  Crown and Defence.
• There are many key players in a trial
• Judge- Appointed by the Fed government
• Have complete control of courtroom
• May determine guilt/innocence if there is no jury
• Sentences the offender
• Crown/Prosecutor- Represents the state (and
  society)
• Has the BURDEN OF PROOF- Onus is on the crown to
  prove that the accused is guilty BEYOND A
  REASONABLE DOUBT
• Prosecutors must disclose all available evidence
  whether they plan to introduce it or not, even if
  it may weaken their case- principle of
  disclosure.

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• Defence- Represents the accused
• Ensures that the accuseds legal rights are
  protected and that a proper legal defence is
  provided (if possible)
• Plant seeds of doubt in the minds of the judge or
  jury so the accused can not get convicted.
• Court Clerk and Court Recorder
• Court Clerk- reads out the charge against the
  accused, swears in the witness, handles evidence
  and paperwork.
• Court Recorder- records word for word all
  evidence given and all questions and comments
  made during trial- accurate records are VERY
  important for the
• Sheriff
• A Crown-appointed official who acts as part of
  the justice system- serves summons, carries out
  court orders
• Other Court officials
• Probation officers
• Representatives from non-profit organizations

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ELEMENTS OF AN OFFENCE

• To obtain a conviction the Crown must prove
  beyond a reasonable doubt that EACH and EVERY
  element of the offence with which the accused is
  charged was in fact committed by the accused.
• CULPABILITY- guilt blameworthiness

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Actus Reus
CRIME
Mens Rea
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ACTUS REUS

• Latin for a guilty act
• Physical Component
• The act or omission (failure to act) that has
  been identified by Parliament as sufficiently
  harmful to warrant state intervention
• It is usually very easy to determine the Actus
  Reus of a crime by reading the CCC
• EX.- s.222 (1) A person commits homicide when,
  directly or indirectly, by any means, he causes
  the death of a human being.
• What is the Actus Reus of Homicide?
• Causing the death of a human being.

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ACTUS REUS- CONTD

• The actus reus of an offence is not always so
  easy to determine
• EX- S. 90 (1)- Every person who commits an
  offences who carries a weapon...concealed, unless
  the person is authorized under the Firearms Act
  to do so.
• Is there any trouble with determining the Actus
  Reus of this crime?
• What defines a weapon?
• Is having something in the trunk of your car a
  concealment?
• This is where it is necessary for the judges to
  interpret the law and apply precedents.

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ACTUS REUS- CONTD

• Actus Reus must be committed voluntarily-it must
  be the conscious choice of an operating mind.
• People are not held criminally responsible for
  actions they cannot control.

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MENS REA

• Actus non facit reum nisi mens sit rea
• The act will not make a person guilty unless
  the mind is also guilty.
• Latin for guilty mind
• Mental component
• Moral guilt
• A person must be found to have had the necessary
  state of mind or mens rea for the offence
  before they can be found guilty.
• It is irrelevant whether or not the person knew
  the act was illegal. Ignorance of the law is not
  an excuse.
• EX- S. 319 (2) it is an offence to wilfully
  promote hatred.
• What is the mens rea in this offence?

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OBJECTIVE INTENT

• What a reasonable person would have understood,
  perceived or foreseen in a circumstance
• Less concerned with the actual knowledge of the
  accused

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Subjective Intent

• Accused state of mind at the time of the
  commission (court tries to determine what the
  accused was thinking at the time of the offence)
• Only actual intention or knowledge of effects are
  relevant
• Requisite intention-
• The Mens Rea that the Crown is required to
  establish in order to convict an accused of an
  offence (the person intended to commit the crime)

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3 Types of subjective intent

• DIRECT INTENT-
• Where a person commits intentionally a forbidden
  act with the knowledge of all the wrongful
  circumstances which statute seeks to prohibit
• RECKLESSNESS
• Accused may not intend the consequences of their
  actions
• If they understand the real risk of the
  consequences they will be deemed to have intent
  (a reasonable person ought to know)

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• EXAMPLE-
• Assume that you require prescription glasses to
  operate a car. You have misplaced your glasses
  but you decide to drive without glasses. As a
  result you cannot see and you veer into on-coming
  traffic and cause a major accident. You
  had the necessary intent to commit a crime
  because you behaved recklessly. Dangerous
  operation of a motor vehicle.

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• WILFUL BLINDNESS
• Accused has suspicion of the consequences of
  action and fails to inquire because they do not
  want to know the answer, they will be deemed to
  have intent (to suspect and not question)
• Example
• Amanda and Keisha are walking down the street
  when they come across some DVD stalls. Keisha
  notices the DVDs are a lot of cheaper than in the
  store. She wonders if they might be illegal
  copies. She decides that shed rather not know
  either way. She buys two DVDs for 8.

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• REMEMBER the accused may not intend the
  consequences of their actions
• If they understand the real risk of the
  consequences of their actions they will be deemed
  to have intent-recklessness
• If the accused has suspicions of the consequences
  of actions and fails to inquire because they do
  not want to know the answer, they will also be
  deemed to have intent- willful blindness

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• OVERALL INTENT HAS MORE TO DO WITH KNOWLEDGE OF
  CONSEQUENCE AND CIRCUMSTANCE NOT MOTIVE!

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Categories of mens rea offences

• MENS REA OFFENCES
• The Crown must prove Actus Reus and the direct
  intent beyond a reasonable doubt to convict.
  This category is for serious crimes that have a
  sentence of 10 years or more.
• STRICT LIABILITY OFFENCES
• The Crown must prove Actus Reus and subjective
  intent beyond a reasonable doubt to convict.
• The accused has an opportunity to prove DUE
  DILIGENCE (the accused did everything possible to
  prevent the crime from occurring).

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• EXAMPLE
• Local residents of a small Ontario town have been
  complaining about a strange smell coming from a
  nearby stream. When environmental officials come
  to investigate, they notice a spill between the
  stream and a large aluminum factory. They trace
  the spill to a defective pipe belonging to the
  factory that is used to transport waste from the
  factory to the sewage plant. Even though factory
  officials claim they did not know about the
  spill, the company is charged with an offence
  under the Ontario Environmental Protection Act.
• ABSOLUTE LIABILITY OFFENCES
• The Crown must prove Actus Reus beyond a
  reasonable doubt- no mens rea necessary.
• Actus Reus Mens Rea
• This category is for summary offences.
• EXAMPLE
• Speeding ticket, driving without a licences

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Parties to an offence

• Each of the following parties will be charges
  with the SAME offence. Their role will only be
  taken into consideration upon sentencing.
• Principle Actor- The person who commits the crime
• Aider- One who helps the principle in the
  commission of the crime.
• Abettor- One who encourages the principle actor
  during the commission of the crime.
• Conspirator- One who helps to plan the crime.
• Accessory after the fact- One who helps the
  principle actor escape the law.

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Important Criminal law terms

• Ratio Decidendi- The reason for the decisions,
  the principle that the case establishes.
• Intra Vires- Within the powers
• Ulta Vires- Beyond, outside of in excess of
  powers that which is beyond the powers
  authorized by law for an entity.