| What is justice? | a fair morale and impartial treatment of all people |
| What is law? | Consists of an agreed upon set of rules of what is fair and what is right
Agreed upon by society
Protects greater good
Provides access
Changes as society changes |
| What are the 4 sources of Canadian law? | Constitution and charter of rights and freedoms
Legislation
Common Law
Quebec Civil code |
| What is the role of the courts? | Provide an independent and impartial forum. Justice is administered fairly and predictably |
| What is the judges role? | To protect Canadians. Ensures legal rights of Canadians are respected and enforced |
| What is the crown's role? | Present evidence required to prove the accused is guilty |
| Explain the Supreme Court of Canada | Highest court
Hears appeals from Prov court of appeal, criminal and civil cases, constitutional reference cases, and appeals from administrative tribunals
Reviews lower case rulings |
| Explain Federal Court of Appeal | Only deals with matters specified in federal law and federal tribunals |
| Explain Federal Court | Trial court
Interprovincial federal‐provincial disputes, intellectual property
proceedings (copyright), citizenship appeals, cases involving Crown
Corporations or federal government departments
Review actions of federal boards, commissions, tribunals |
| Explain Tax Court | Federal tax and revenue disputes between the federal
government and taxpayers |
| What are the 3 levels of court in BC? | BC Court of Appeal (highest)
Supreme Court of BC (second highest)
Provincial Court |
| Explain BC court of appeal | Hears appeals from British Columbia Supreme
Court, some criminal appeals from the Provincial
court and some appeals from administrative
tribunals |
| Explain Supreme Court of BC | Highest trial court in BC
Hears both civil and criminal matters, and some
appeals from the Provincial Court |
| Explain Bc provincial court | Hears matters under federal and provincial enactments |
| What are the 4 categories under the provincial court? | Criminal and Youth Matters
Family Matters
Small Claims
Traffic and Bylaw |
| What is a summary conviction? | Less serious
The court procedure is the main difference
All Wildlife, Firearms, Environmental
Management, most of Fisheries Act heard as
summary conviction |
| What is an indictable offence? | More serious
Includes words in section...is guilty of an indictable offence
and is liable too...imprisonment or a fine or both |
| What establishes the rules for evidence? | Statutes such as the Canada
Evidence Act
B.C. Evidence Act
Embedded in some statutes
Common law |
| What is the Canadian Evidence Act? | An Act respecting witnesses and rules about
evidence
Comprises the principal rules of evidence
used in court proceedings under federal law |
| What does competency mean when referring to a witness? | has the capacity to
Observe
Recall
Communicate |
| What does compellability mean when referring to a witness? | Compellability refers to forcing an
unwilling witness to give evidence |
| Explain the 2 types of evidence | Direct: Something you actually see (or experience with other senses) taking place
Indirect: Not based on personal knowledge or experience |
| what is "real evidence"? | A physical item that appeals directly to the senses of the court, such as a knife, torn clothing |
| What is corroboration and what are the 3 criteria for it? | Independent evidence that proves the offence occurred and the accused was the one that committed it
3 criteria =
Independent Evidence
Material to the case
Implicates the accused |
| All evidence must be...
With what 2 exceptions? | Relevant
Hearsay and opinion |
| What are some exceptions to the hearsay rule? | Admissions and confessions
Res gestae
Statements in presence and hearing of accused
Dying declarations |
