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Court Paper Operation Of Canadian Court Systems

1706 words - 7 pages

ALGONQUIN COLLEGECourt Paper K. WhiteCanadian Justice Systems and LegislationBy:Karyn WhiteInstructor: Kelly McDonaldDecember 9, 2008The Oakville Civic CentreCourt Paper AssignmentThe Oakville Civic Centre houses the Ontario Court of Justice, though the locals here simply refer to the building as "The Oakville Court"; besides prosecuting criminals in the Ontario Court of Justice, also known as the Provincial Court, the Oakville Civic Centre covers many different Court Systems in one location.The Oakville Civic Centre's Ontario Court of justice covers cases ranging from family and civil law (although these cases are not usually criminal) to Criminal Law (www.attorneygeneral.jus.gov.on.ca/english/courts/cadaddr.asp?selectRegion=All+Regions&selectLocate=All+Locations&selectOffice=Small+Claims,2009). Housed in the same building are Youth Court Services along with both Adult and Youth Probation services. They also have areas for traffic violations and a place to appeal a traffic violation, however the hearings for these appeals are held in the Milton Court.This would place the Oakville Civic Centre's Ontario Court of Justice fourth in the hierarchy of the Criminal Court System in Canada. With the Ontario Superior Court of Justice, the Ontario Court of Appeal and the Supreme Court of Canada falling respectively above in ascending order. The Supreme Court of Canada being the final place for a criminal trial to move through to in the system. In effect after the Provincial Courts held the bail and preliminary hearings and if the case were to go to trial at the Ontario Court of Justice, it could then appeal to the Ontario Court of Appeals and from there appeal to the Supreme Court of Canada (that being the case if the appeals were accepted). If a more serious indictable offence were tried at the Ontario Superior Court of Justice the attorneys or defendant could try for appeal at the appeals court and then finally at the Supreme Court of Canada with the Ontario Court of Justice only hearing the Preliminary trials and Bail hearings for the indictable offenceThe Provincial court is generally a trial court. It deals mostly with summary conviction offences and sometimes indictable offences that are less serious. Also some Accused person's of indictable offences may chose to have their trial at the Ontario Court of Justice given that they decide themselves that they do not want their trial to take place at the Ontario Superior Court of Justice, and are properly informed of their right to chose and of the implications of both decisions.Preliminary hearings, first appearances and bail hearings are also held at the Provincial Court. In this type of court trials are heard by a Judge alone. Roughly 90% of trials are actually disposed of at the provincial Court level. (McDonald, K 2008) Provincially appointed Judges try cases at this level and the cases generally move quite rapidly through the system.During the trial date of December 9, 2008 there were a...

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