Deck 7: The Structure and Operation of the Criminal Courts

Question 1

With the exception of Nunavut, the court system in each province/territory is composed of provincial courts and superior courts.

Answer 1

True

Question 2

Nearly all criminal cases begin and are disposed of in the provincial courts.

Answer 2

True

Question 3

Research shows that Aboriginal courts have contributed to major reductions of Aboriginal involvement in the justice system.

Answer 3

False

Question 4

Provincial/territorial courts sit without juries.

Question 5

The decisions of the Supreme Court of Canada can be appealed to the Federal Court of Canada.

Question 6

The Charter of Rights and Freedoms guarantees the accused the right to a jury trial if the alleged offence carries a maximum sentence of more than five years' imprisonment.

Question 7

Drug treatment courts have the most success with female and Aboriginal participants.

Question 8

The cases heard most often in adult criminal court are impaired driving, theft, and common assault.

Question 9

Provincial court judges may sit with or without a jury.

Question 10

Judges at both the provincial and federal level are appointed by the federal government.

Question 11

Canadian research studies demonstrate that specialized courts have high program completion rates.

Question 12

Drug treatment courts are designed to move away from the traditional adversarial approach with the objective of linking offenders with treatment programs and services.

Question 13

There are few concerns with the operation of provincial/territorial circuit courts operating in Northern and remote areas.

Question 14

Provincial superior court judges are appointed and paid for by the federal government.

Question 15

The federal court of appeal is the final court of appeal for civil cases.

Question 16

Superior courts generally have two levels: trial and appeal.

Question 17

The Supreme Court of Canada is the only federal court in Canada.

Question 18

The Supreme Court of Canada is the "court of last resort."

Question 19

The Supreme Court of Canada receives hundreds of applications for leave to appeal, but only grants about 20 percent of requests.

Question 20

Summary trials may involve juries.

Question 21

Which level of court is the beginning and end for nearly all criminal cases?

A) provincial court
B) provincial superior court (Trial)
C) provincial superior court (Appeal)
D) the Supreme Court of Canada

Question 22

Which of the following statements is NOT true regarding the Supreme Court of Canada?

A) It is the court of last resort in Canada.
B) It is the only federal court in Canada.
C) It must include three judges from Quebec.
D) It makes decisions that cannot be appealed.

Question 23

Which of the following provinces/territories has a unified, single-level court system?

A) Québec
B) British Columbia
C) Nunavut
D) Northwest Territories

Question 24

In cases of indictable offences, what type of hearing is held to determine whether there is sufficient evidence to proceed with a trial?

A) conditional release hearing
B) bail hearing
C) evidentiary hearing
D) preliminary hearing

Question 25

What does the term "hybrid offence" refer to in the Canadian Criminal Code?

A) offences where, once a charge is laid, the Crown attorney can proceed either summarily or by indictment
B) all offences committed with a firearm
C) offences where it is mandatory that the case be heard by a jury
D) offences where it is mandatory that the case be heard by a judge sitting alone

Question 26

Section 469 of the Criminal Code lists a number of non-electable, indictable offences, including murder, treason, and piracy. Which of following statements is NOT true regarding these indictable offences?

A) The accused has the right to a preliminary hearing before trial.
B) The Governor-General has the ability to waive the accused's right to a jury trial.
C) The accused must be tried before a jury.
D) The accused must be tried before a federal court judge.

Question 27

As of 2013, which of the following types of cases was most likely to be heard in criminal court?

A) murder
B) impaired driving
C) sexual assault
D) break-and-enter

Question 28

Cecilia is a judge who was appointed by the Prime Minister of Canada. The court she hears cases in is the final court of appeal for criminal and civil cases. Which court is Cecilia appointed to? ?

A) the provincial/territorial superior court
B) the provincial/territorial court of appeal
C) the Supreme Court of Canada
D) the federal court of appeal

Question 29

Which statement is NOT true with respect to provincial courts in Canada?

A) Provincial court judges are appointed by the federal government.
B) Nearly all criminal cases are begun and disposed of in provincial court.
C) Provincial court judges sit alone, without juries.
D) Every province and territory except Nunavut has two levels: provincial and superior.

Question 30

Which statement is most accurate with respect to how judges are appointed in Canada?

A) Judges of the superior courts are appointed by the federal government.
B) Judges at the provincial level are appointed by the federal government.
C) Judges at the provincial level are appointed for 10-year terms.
D) Judges at the federal level are appointed for 25-year terms.

Question 31

Which of the following is a part of the operation of "therapeutic justice"?

A) restorative justice circles
B) provincial/territorial circuit courts
C) specialized provincial courts
D) specialized superior courts

Question 32

Roman is a judge who was federally appointed but works in a court that is administered by the province of Manitoba. He hears appeal cases from decisions made at both the superior court level and the provincial/territorial court level. Which court is Roman appointed to?

A) the provincial/territorial superior court
B) the Supreme Court of Canada
C) the federal court of appeal
D) the provincial/territorial court of appeal

Question 33

Bianca is a judge who travels to remote and northern locations in Canada to provide judicial services. Which court is Bianca appointed to?

A) a circuit court
B) an Aboriginal court
C) the federal court
D) a community court

Question 34

Which of the following is NOT mentioned as a concern regarding the use of the provincial/territorial circuit court system?

A) cultural differences and misunderstandings
B) failure to develop community-based initiatives
C) time constraints on the court party
D) shortage of interpreters

Question 35

The judge, Crown counsel, and defence lawyer all play key roles in the court process. What group do these individuals belong to?

A) the due process workgroup
B) the docket workgroup
C) the justice workgroup
D) the courtroom workgroup

Question 36

Vivienne is a federally appointed judge who hears cases in a court that has been established by Parliament. This court hears appeals from the federal courts. Which court is Vivienne appointed to?

A) the provincial/territorial superior court
B) the provincial/territorial court of appeal
C) the federal court of appeal
D) the Supreme Court of Canada

Question 37

Gary's role in the courtroom is very important. He is referred to as the "trier of fact" and he is solely responsible for this duty. What is Gary's role?

A) the judge
B) the Crown counsel
C) the defence attorney
D) a jury member

Question 38

In which cases are jury trials NOT available?

A) those that are in youth court
B) those that involve summary conviction offences
C) those that involve indictable offences
D) those that are in adult court

Question 39

What is the primary structure of accountability for federally appointed judges?

A) the Canadian Judicial Services Commission
B) the Canadian Judicial Institute of Conduct
C) the Canadian Judicial Council
D) the Canadian Judicial Complaints Advisory Committee

Question 40

Arthur is a judge who was appointed by the federal government to a court administered by the province of Saskatchewan. His court tries the most serious criminal cases and is the court of first appeal for provincial matters. Which court is Arthur appointed to?

A) the provincial/territorial court of appeal
B) the federal court of appeal
C) the Supreme Court of Canada
D) the provincial/territorial superior court

Question 41

Jasmine plays an important role in the courtroom. Her role has been described as "the cornerstone of the criminal justice system" and she represents the community in the courtroom. She is also responsible for laying charges. What is Jasmine's role?

A) Crown counsel
B) defence attorney
C) judge
D) sheriff

Question 42

Jessica is being tried for disturbing the peace. Her case is being heard in a provincial court without a jury. Which type of trial is this?

A) indictable trial
B) summary trial
C) hybrid trial
D) electable trial

Question 43

Nicole plays an important role in the courtroom. She is responsible for signing off on all orders and judgments and appointing court employees. What is Nicole's role?

A) judge
B) sheriff
C) court administrator
D) court reporter

Question 44

Rick plays an important role in the courtroom. He is responsible for escorting the accused to and from the courtroom and for assisting with jury management. What is Rick's role?

A) jury liaison
B) court clerk
C) court administrator
D) sheriff

Question 45

Tobias believes that judges should be more accountable to the public, particularly when making decisions related to political concerns. Which of the following policies is Tobias likely to support?

A) increased judicial political education
B) increased judicial political cooperation
C) the appointment of judges
D) the election of judges

Question 46

Select one type of specialized provincial court and briefly describe its activities and objectives.

Question 47

Discuss the concerns that have been voiced about the circuit court system in the northern regions of the country.

Question 48

Briefly summarize the debate as to whether the Supreme Court of Canada engages in "social activism" through its decisions and discuss the results of research studies that have examined court decisions.

Question 49

Discuss why the case of R v. Sharpe provides a good illustration of the tension between individual rights as set out in the Charter of Rights and Freedoms and the need to protect the general public.

Question 50

How have the cases heard at the provincial/territorial court level changed in recent years. Why is this a problem?

Question 51

Briefly describe the structures of judicial accountability in Canada and then offer an assessment of their effectiveness.

Question 52

Discuss how judicial independence is facilitated in the Canadian judicial system.

Question 53

Briefly explain where Canadian judges come from.

Question 54

Discuss the trend with respect to the increasing use of specialized courts in the Canadian provincial court system. Identify and briefly discuss the objectives underlying their use.

Question 55

Define the term "therapeutic justice." How does this term relate to specialized courts in Canada?

Question 56

Discuss electable offences and identify and describe the three modes of trial that the accused can choose from.

Question 57

Define the term "courtroom workgroup." How has this group changed since the introduction of problem-solving courts?

Question 58

There are numerous concerns that surround the provincial/territorial circuit courts. What suggestions do you have as to how these concerns can be addressed and how the delivery of justice services to northern and remote communities can be improved?

Question 59

How does the case of R v. Sharpe (Box 7.2; p. 157) highlight the tension between individual rights and the need to protect the general public? Consider the decision made by the Supreme Court of Canada and the subsequent decision of the B.C. Supreme Court, which found that Sharpe's written work had "artistic value." Among the issues that could be discussed are the extent to which the courts should consider the notion of "community standards" in making decisions, and how the courts can balance the rights of the community, the defendant, and, in this case, children.

Question 60

Place yourself in the position of an accused person charged with an electable offence. Would you choose to be tried by a judge sitting alone, or by a judge and a jury? What is your reasoning for selecting one option or the other?

Question 61

Compare and contrast traditional courts with problem-solving courts. How are they similar? How do they differ?

Question 62

In contrast to the U.S., there are no elected judges in Canada. Address the following issues: a) is the current method by which judges are appointed in Canada appropriate? b) should judges be appointed for life? c) should the system be changed so that judges are elected? and d) what are the arguments that can be made for and against electing judges?

Question 63

Discuss the use of drug treatment courts in Canada. What are the underlying objectives of their use? Do you think it is possible to achieve these objectives? Discuss the potential obstacles to achieving these objectives. Does the research evidence support continued use of drug treatment courts?

Question 64

Consider the role of specialized courts in Canada. Why do they exist? Taking into account the research evidence, are they effective? Why or why not?

Question 65

Discuss where judges come from in Canada. How does this appointment structure facilitate judicial independence in the Canadian court system? Are you concerned with the homogeneity of judges in Canada in terms of the majority being white Anglo-Saxon males? Do you think the structures of judicial accountability in the Canadian system are sufficient? Discuss these structures, using the cases of Justice J.E. Scanlan (Box 7.3; p. 168) and Judge Ramsay (Box 7.4; pp. 169).

Question 66

Consider the role and aims of Aboriginal courts. Are they achieving their proposed goals? Why or why not?

Question 67

Consider the role of Mental Health Courts. How do these courts operate? Are they effective (according to the research evidence)? Why or why not?