Chapter 5 in Law text book.

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Chapter 5



a) Which system of trial procedure is used in Canada?

It is called the adversary system.

b) Discuss this system with reference to the parties involved and the onus on each.

The Crown- to prove beyond a reasonable doubt that the accused committed the actus reas elements of the offence with the required mens rea.

The Defense- must at least convince one juror that the Crown has not proven beyond a reasonable doubt that the accused committed the offense.

2. Who appoints judges to the various levels of courts?

Provincial court judges and justices of the peace are appointed by each province; other judges are appointed by the Federal government.

3.Why is the role of court recorder so important?

The court recorder records word for word, the evidence given and all questions and comments made during the trial. They are relied upon to accurately record all the evidence.

5.3- 5.4

1. For what reasons might motions be made at the beginning of a trial?

For a stay of proceedings

2. What are the advantages and the disadvantages to the accused of a trial by jury?


· the defense lawyer only needs to convince on juror in the accused's favor

· the jury may decide the case in accordance with the social values of the time, rather than precedent

· a jury may also feel empathy for the accused


· jury might bring prejudices to its task

· may not understand the legal technicalities involved in a certain case

3.a) describe the steps followed in jury selection.

· List of jurors is selected from people that live in the country

· From this list, a selection committee run by the sheriff, randomly picks out 75-100 names

· These people are summoned to appear by...