The criminal justice system involves many different departments and agencies that work together to punish offenders and protect the public. There are numerous steps involved before an accused ordered to be tried in a court. The majority of criminal proceedings in Canada are open to the public and can take days or months to reach a verdict. In the Canadian criminal courts, the accused has the right to be tried impartially and also the guilt must be proven beyond a reasonable doubt. The accused is considered innocent until proven guilty. The Canadian criminal justice system is concerned with the qualified search of truth; this involves the process of filtering the evidence through a standardized test to determine the accuracy and/ or eligibility
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Certain offences are restricted under one jurisdiction and this is called the absolute jurisdiction. For these offences, the accused does not get an election. The mode of trial in provincial court is judge alone and in superior court, it is either judge alone or judge and jury. The accused has an election if charged with either an indictable offence that does not fall under CCC sections 469 or 553 or a hybrid offence where the Crown proceeds by indictment. The judge reads section 536(2) and puts the accused to an election where he or she decides one of the three options: trial by judge alone in a provincial court, trial by judge alone in a superior court or trial by judge and jury in a superior court. In this case, I noticed that on the court list it mentioned that there was an election for provincial court justice (PCJ). During the break, I asked the Crown if there was an election just to confirm. She said that yes, the accused did not plead guilty and also elected to be tried by a provincial court judge. Since aggravated assault is an indictable offence that does not fall under section 469 offences or 553 offences, the accused has the option to elect the court type and the mode of the …show more content…
Under section 497, the general duty of an arresting officer is to release as soon as practicable for section 553 indictable offences, hybrid offences and summary convictions offences. The officer has no duty to release if the officer has reasonable grounds to believe that the accused failed to fulfill one of the conditions of section 497 (1.1), which are equivalent to section 495(2)(d-e). The officer can compel attendance at court by issuing either an appearance notice (form 9) under section 496 or a summons (form 6) under section 509. In this case, the arresting officer had no authority to release as the accused committed an indictable offence. Most likely, the accused was taken into
Certain offences are restricted under one jurisdiction and this is called the absolute jurisdiction. For these offences, the accused does not get an election. The mode of trial in provincial court is judge alone and in superior court, it is either judge alone or judge and jury. The accused has an election if charged with either an indictable offence that does not fall under CCC sections 469 or 553 or a hybrid offence where the Crown proceeds by indictment. The judge reads section 536(2) and puts the accused to an election where he or she decides one of the three options: trial by judge alone in a provincial court, trial by judge alone in a superior court or trial by judge and jury in a superior court. In this case, I noticed that on the court list it mentioned that there was an election for provincial court justice (PCJ). During the break, I asked the Crown if there was an election just to confirm. She said that yes, the accused did not plead guilty and also elected to be tried by a provincial court judge. Since aggravated assault is an indictable offence that does not fall under section 469 offences or 553 offences, the accused has the option to elect the court type and the mode of the …show more content…
Under section 497, the general duty of an arresting officer is to release as soon as practicable for section 553 indictable offences, hybrid offences and summary convictions offences. The officer has no duty to release if the officer has reasonable grounds to believe that the accused failed to fulfill one of the conditions of section 497 (1.1), which are equivalent to section 495(2)(d-e). The officer can compel attendance at court by issuing either an appearance notice (form 9) under section 496 or a summons (form 6) under section 509. In this case, the arresting officer had no authority to release as the accused committed an indictable offence. Most likely, the accused was taken into