Legal proceedings Criminal law of Canada

1 legal proceedings

1.1 information
1.2 bail
1.3 preliminary inquiry
1.4 trial
1.5 sentencing
1.6 appeal

legal proceedings

canadian criminal cases collection


information

a person alleges offence, police, swear under oath facts supporting charge. justice of peace @ point shall issue information. document contains specific allegations. under private prosecution hearing may held , attorney general of province in proceedings taking place may intervene. private prosecutions in canada restricted regulatory offences such practicing law without licence , cruelty animals.

bail

most accused persons released @ time of arrest on promise appear. police decide hold accused, police must produce accused before justice of peace within 24 hours. @ point bail hearing held. accused person not bear onus justifying release, subject few exceptions, such if accused charged murder, trafficking in narcotics, terrorism offences (see bail in canada). accused may released or detained pending trial and, if found guilty, passing of sentence.

an order made justice may appealed superior court either crown or accused.

preliminary inquiry

where accused charged indictable offence, crown must prove prima facie case before judge of provincial court. process must requested defence or crown. presiding judge must determine whether there sufficient evidence jury, acting reasonably , judicially, convict accused. judge may neither weigh evidence nor determine whether evidence admissible. if judge determines there sufficient evidence jury acting reasonably , judicially convict accused, judge must commit accused stand trial. if not, judge must discharge accused , proceedings end. however, if @ later date crown tenders further evidence, crown may recommence proceedings. discharge @ preliminary inquiry not constitute double jeopardy.

there no appeal order of judge. however, either party may seek leave review order in superior court.

if accused charged offence punishable summary conviction or if crown elects proceed summary conviction if accused charged hybrid offence, accused not entitled preliminary inquiry , committed trial.

section 536(4) of criminal code, proclaimed in force in 2004, indicates preliminary inquiry no longer automatic after accused elects tried in superior court. attorney general may also, in rare cases, bypass preliminary inquiry , issue direct indictment. may occur accused has requested preliminary inquiry, or when accused has been discharged preliminary inquiry.

trial

the accused tried @ stage. accused charged offence , has elected tried in provincial court, judge may decide matter ought dealt in superior court , treat trial preliminary inquiry , demand accused stand trial in superior court.

at stage trial court has authority determine matters such bail, preliminary motions, trial matters , verdict. if trial judge , jury, jury has ultimate authority render verdict trial judge has authority on bail, pretrial motions , jury instructions.

sentencing

if accused found guilty trial judge must determine fit sentence. see criminal sentencing in canada. trial judge alone, judge determine facts proven , allow parties adduce additional evidence concerning disputed facts may form basis finding aggraviting or mitigating circumstance (i.e., extent of injuries sustained victim). crown must prove aggravating fact beyond reasonable doubt while accused bears burden on balance of probabilities prove mitigating fact.

appeal

the crown may appeal against verdict of acquittal on question of law alone. accused may appeal on question of law, fact or mixed law , fact. either party may appeal sentence unless sentence 1 fixed law.

either party entitled further appeal supreme court of canada against conviction or acquittal if judge of court of appeal dissented on question of law or if court of appeal allowed crown appeal against acquittal , substituted conviction. otherwise either party may appeal verdict or sentence leave of supreme court of canada.