The Courts of BC. Teacher s Guide

Transcription

1 The Courts of BC Teacher s Guide

2 Acknowledgements The Law Courts Education Society of BC prepared this resource for educators, particularly those teaching Civics 11, Social Studies 11 and Law 12. The website which hosts the videos on the courts will be accessed by educators, students and by the public. The Society gratefully acknowledges the many people who participated in the development of this resource. We would particularly like to thank the three courts of British Columbia for their participation and review of the content of videos. We would also like to thank The Law Foundation of BC for funding this project. Planning and Development Rick Craig, Executive Director, Law Courts Education Society of BC Marylou Leung, Project Manager, Law Courts Education Society of BC Sheena Daniels, Web Projects Manager, Law Courts Education Society of BC Writer Marylou Leung, Project Manager, Law Courts Education Society of BC Review and Revision By Chief Justice Finch Court of Appeal for BC Chief Justice Brenner Supreme Court of BC Chief Judge Hugh C. Stansfield Provincial Court of BC Madam Justice Levine Court of Appeal for BC Mister Justice Williamson Supreme Court of BC Judge de Couto Administrative Judge of the Provincial Court of BC Meg Gaily Legal Officer for the Court of Appeal for BC Jill Leacock Legal Officer for the Supreme Court of BC Linda Rainaldi-Legal Officer for the Supreme Court of BC Gene Jamieson Legal Officer for the Provincial Court of BC Sheena Daniels, Web Projects Manager, Law Courts Education Society of BC Chris Keam Script Editor Edo Van Breemen, Project Assistant, Law Courts Education Society of BC Patricia A. MacAulay Web Content Editor Trish Raviolos Administrative Projects Assistant, Law Courts Education Society of BC Patricia Byrne Provincial Programs Manager, Law Courts Education Society of BC Laureen Tang Communications Projects Manager, Law Courts Education Society of BC Carollyne Lansel Teacher in Gifted Program Production Team Regan Payne, President, Omnipresent Productions Inc. Sheena Daniels, Web Projects Manager, Law Courts Education Society of BC Peter Szymczak, Web Projects Assistant, Law Courts Education Society of BC Edo Van Breemen, Project Assistant, Law Courts Education Society of BC Tamara Mackenzie, Desktop Production Actors Devin Walchuk - Alex Laureen Dubois Madam Justice Shore Brock Shovellor Mister Justice Daniels Jimmy Yi Judge Lam Statement of Limitation The information in this program is very general. It is not intended to provide or replace legal advice. ISBN Copyright 2008 Law Courts Education Society of British Columbia All rights reserved, with the exception that this curriculum guide may be photocopied for educational use only.

3 Table of Contents Introduction Program Description Program Goal Target Audience Overview for the Teacher Program Objectives Basics for the Teacher Lesson One: Judicial Independence, Access to the Courts, and the Provincial Court of BC... 4 Instructions for the Teacher Activity One: Judicial Independence and Access to the Courts Activity Two: Pick the Category Lesson Two: Civil Law, Criminal Law and the Supreme Court of BC Instructions for the Teacher Activity One: Criminal or Civil? Activity One: Answer Key Activity Two: Top Ten List Lesson Three: Court of Appeal for BC Instructions for the Teacher Activity One: Compare and Contrast Two Courtrooms Activity Two: Scenarios One and Two Activity Two: Decision Making Activity Three: If I was judge I d Unit Test: Courts of BC Enrichment Activities Appendix A BC Ministry of Education Integrated Resource Packages (IRPs) Civic Studies Social Studies Law Appendix B Handouts for the Students COURTS OF BC Teacher s Guide iii

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5 COURTS OF BC Teacher s Guide Introduction Program Description The Courts of British Columbia Teacher s Guide has been developed to accompany the videos that appear on the website These videos show a university student and three different judges discussing the courts in BC. The website contains general information that applies to all BC s courts followed by more specific information about each of the three courts. There are four videos which include information about the courts. This information will also be on the website as text. It may however be presented in a slightly different order. The Teacher s Guide contains the program description and goal, the overview for the teacher, the program objectives, the IRPs learning outcomes, three lessons with activities, a final test on the materials for evaluation purposes and enrichment activities. The students will consider some issues that are common to every court, such as judicial independence and access to the courts. They will review the concepts of criminal and civil law and learn about the specific functions of each court. During these lessons they will also watch the four videos on the courts of BC. Program Goal The goal of this program is to provide the students with an overview of the court system in BC highlighting the jurisdiction and function of each court. Target Audience This program is designed for use in Social Studies 11, Civic Studies 11 and Law 12 classes. Overview for the Teacher Ask the students to read the handouts for each lesson prior to that lesson. The set of handouts are in the Teacher s Guide and can also be found on the website under Handouts for Students. Lesson One: Briefly discuss the concepts of access to the courts and judicial independence. Ask the students to complete the questions at the top of the Activity One: Judicial Independence and Access to the Courts. Then divide the students into 4 groups to work on the scenarios on the bottom of the activity sheet. Each group will be assigned to one of the four main categories of cases that the Provincial Court hears. The students will do a short presentation on that category and will tell the rest of the class which of the scenarios fit within that category. Watch the video on the Provincial Court. Homework: Civil and criminal law will be discussed in the second lesson. Handouts on those topics and the Supreme Court of BC should be assigned reading for Lesson Two. Lesson Two: Briefly discuss the difference between criminal and civil law. Do Activity One: Civil or Criminal? and discuss the answers. The students should have read the handouts on these topics and the Supreme Court of BC prior to the lesson. Do Activity Two: Top Ten List and discuss the results. Watch the video on the Supreme Court. Homework: Ask the students to read the handout on the Court of Appeal for BC for Lesson Three. Lesson Three: Briefly discuss the difference between a trial court and an appeal court. The students should have read the handout on the Court of Appeal for BC prior to Lesson Three. Do Activity One orally with the class or have them write out the answers. Do Activity Two: Decision Making and discuss. Use Activity Three for evaluation or a homework assignment. Watch the video on the Court of Appeal. COURTS OF BC Teacher s Guide 1

6 Program Objectives Upon completion of this program, students will be able to: Understand terms such as access to the courts and judicial independence Differentiate between civil and criminal law Appreciate that the same fact pattern can result in a civil and criminal case Understand the difference in the burden of proof between a civil and criminal case Appreciate the role of each court in BC Understand that the jurisdiction of a court determines what types of cases it hears Understand the difference between a trial court and an appeal court in terms of cases heard and procedure followed Understand terms like accused, plaintiff, respondent, defendant, writ and statement of claim in relation to the court system Organize information in order of importance Learn about people who work in the courts and what their role is Learn about some of the traditions of the court Understand how the court works in terms of number of judges, masters, how judges are addressed, court dress and hours of operation Understand that following precedent or previously decided cases with similar fact patterns is part of the decision making process in the courts Learn how to get more information on the court system Analyze fact patterns to determine what courts will hear cases based on those facts You may have seen or visited Courtroom 50 which is the Heritage courtroom in Vancouver. It brings a little of the past into the more modern building and reminds us of the long history that has built our justice system. 2 COURTS OF BC Teacher s Guide

7 Basics for the Teacher The curriculum that you are teaching is in the Handouts for Students and can be downloaded from the website. It has also been included in the Teacher s Guide for your convenience. The following activities have been developed using Bloom s Taxonomy of Thinking Skills especially the skills of analysis, synthesis and evaluation. In order for the students to reach those higher levels of thinking skills they will have to gain knowledge, understand or comprehend the materials and learn to apply what they know about the content. Pre-Reading Activity: adapt to one area. Do this for the whole unit or Have the students write down everything they know about the various courts and two or three questions they would like to have answered under each court. The students will hand this into the teacher. Keep this activity and hand it back at the end of the unit. Then have the students list in point form what they have learned. To encourage students to learn the materials for the next class you could do one of the following: Group Question Activity: Divide the class into groups. Each group should write three questions about the homework reading assignment. Discuss and answer those questions with the whole class. This may be more effective than a review or pop quiz as the students are recalling their reading and also learning to analyze and evaluate the materials. Jeopardy Game: Each group compiles 5 Jeopardy type answers from the materials and then the class plays a quick game of Jeopardy as teams. The students get one point for answering correctly and 2 points for having the answer in the correct form. For example, if the answer is The colour of the robe is black and red then the question would be What colour is the robe of a Provincial Court Judge or What colour is the robe of a Supreme Court judge hearing a criminal jury trial? You may also want to refer to or use other Law Courts Education resources such as Legal Quest and Guide to the Wall Charts which include information, charts and diagrams about the courts. See programs and resources at Then have them answer their questions. Ideally do not tell your students when you are giving them the activity again. This approach would be indicative of the real learning that has taken place during the teaching of this unit. Handouts for Students If you want your students to read the notes prior to the lessons, they can go to the website and read them online or click Handouts for Students to download the PDF file. Or you could provide copies for them. The handouts have been included in this guide for your convenience. COURTS OF BC Teacher s Guide 3

8 Lesson 1 Judicial Independence, Access to the Courts and the Provincial Court of BC Objectives Upon completion of the lesson, students will be able to: Appreciate why an independent judiciary is essential to the average citizen in Canada Explain the principle of fundamental justice found in the Canadian Constitution and the Charter of Rights and Freedoms relating to a person s right to have a fair and impartial trial Understand the importance of public access to the courts Understand the difference between a trial court and an appeal court Demonstrate a knowledge of the structure and jurisdiction of the Provincial Court of BC Instructions for the Teacher Lesson One includes two activities and a homework assignment. Prior to the first lesson give your students the handouts on: Getting Started Access to the Courts Judicial Independence Provincial Court of BC Ask them to read all these handouts before the first lesson. Introduce the topics either through discussion, group question activity or a short game of Jeopardy (latter two explained above under Basics). Discuss the concepts of access to the courts and judicial independence and how they apply to every court. Review the types of courts and who runs the courts. Ask the students if they have any questions about the operation of the Provincial Court of BC. Then watch the video on this court using the DVD or a computer lab. Activity One: Have your students complete the questions at the top of the page. Activity Two: Divide the students into 4 groups to work on the scenarios. Have each group represent one category of cases heard in Provincial Court. The students will prepare a short presentation on that category and explain why they have chosen each scenario as part of that category. Have each group do its presentation. Homework Assignment Time: 60 minutes Read Criminal and Civil Law notes as well as those on the Supreme Court of BC for next class. Be prepared to make up answers for a game of Jeopardy on the material. 4 COURTS OF BC Teacher s Guide

9 LESSON 1 Activity One: Judicial Independence and Access to the Courts After reading the handouts and listening in class answer the following questions: 1. What is Judicial Independence? 2. Why is Judicial Independence important? 3. What are two good reasons for having open access to the courts? 4. How is a trial court different than an appeal court? Activity Two: Pick the Category Four main categories of cases are heard in Provincial Court: Criminal and Youth cases, Family cases, Small Claims cases and Traffic and Bylaw cases. Look at the following scenarios and decide which of them belong in the category of cases you have been assigned. Prepare a short presentation on that category and explain why you have chosen each scenario as part of that category. Have everyone participate in the presentation. Refer to your handouts for information. 1. Clark was charged with stealing DVDs from a drug store. 2. Jason bought a second-hand lawnmower for $75.00 which didn t work. He wants his money back from the seller. 3. Harry, who is 16, was charged with robbery. 4. Suki wants to argue a ticket for a red light infraction. 5. John and Baljinder have decided to separate but they can not agree on who is to have custody of their children. They want the court to decide prior to their divorce trial. 6. Juan was injured in a motor vehicle accident and will be claiming $22, in damages. 7. Mrs. Fong was walking her dog without a leash and was given a municipal violation notice which she intends to argue. 8. David hired a contractor to build a garage in his back yard. The contractor quit before it was completed. David had to pay $10, to finish the work. David sued the contractor to recover his money. 9. Maki doesn t want her husband to see their children so often. She needs the access order varied. 10. A preliminary inquiry was held here for Sue s drug trafficking offence. 11. Raj wants to argue a parking ticket. 12. Sammy is 8 years old and needs to be protected from an abusive parent. COURTS OF BC Teacher s Guide 5

10 Lesson 2 Civil Law, Criminal Law and the Supreme Court of BC Objectives Upon completion of the lesson, students will be able to: Identify whether a case is civil or criminal or both Appreciate the difference between civil and criminal law including the difference in the burden of proof Describe the process involved in resolving disputes Demonstrate a knowledge of the structure and jurisdiction of the Supreme Court of BC Instructions for the Teacher Lesson Two includes two activities and a homework assignment. Briefly discuss the difference between criminal and civil law and how one set of facts can be the basis for a civil and criminal action. For example, if a person was hit by a drunk driver and was seriously injured, there could be a criminal prosecution of the person who was drinking and driving. As well the injured person could start a civil action against the driver for personal injury. The OJ Simpson trials also illustrate this point. The students should have read the handouts on these topics and the Supreme Court of BC prior to the lesson. Do Activity One on identifying whether a case is civil or criminal based on its fact pattern. All students should complete Part I and if time permits Part II. Keep in mind that some of the obviously criminal fact patterns could also give rise to a civil case. This activity can be done orally with the whole class or in groups. For this activity it would be helpful for you and your students to know the civil counterparts of criminal cases: Criminal Cases Theft Attempted Murder Fraud Criminal Negligence Assault Mischief Civil Counterparts Conversion Battery Breach of Contract Personal Injury Personal Injury Damages Have the students review the handout on the Supreme Court by playing a game of Jeopardy. Ask them if they have any questions on this. Watch the video on the Supreme Court using the DVD or a computer lab. Homework Assignment Have the students read the Court of Appeal handout prior to Lesson Three and prepare questions for discussion. Divide the students into 4 groups to work on Activity Two: Top Ten List. Their task is to prepare a Top Ten List of important facts about this court. Have each group present their top ten and then compare and contrast the results. You could record this on the board so they can see the similarities. Time: 60 minutes 6 COURTS OF BC Teacher s Guide

11 LESSON 2 Activity One: Criminal or Civil? Part I: Decide whether the situation could lead to a criminal or civil case or both. 1. A contestant sued the judge on a reality show for criticizing her singing. Now the contestant is unable to sing. 2. The pirate took the sunken treasure. 3. An athlete was attacked by an opponent. 4. A famous couple no longer wanted to be married. 5. The survivor winner didn t pay taxes on his million dollar prize. 6. A T.V. doctor was sued for malpractice. 7. A CSI technician testified about fingerprints in a homicide. 8. A starlet was driving a car recklessly and hit someone. 9. An extreme sport participant sued the promoters for reckless endangerment. 10. A T.V. lawyer took on a special prosecution of a cocaine kingpin. Part II: Choose on scenario from above to role play for the class. Name the characters and describe the event in detail. Be prepared to present your scenario to the whole class. COURTS OF BC Teacher s Guide 7

12 LESSON 2 Activity One: ANSWER KEY: Criminal or Civil? Decide whether the situation could lead to a criminal or civil case or both. 1. A contestant sued the judge on a reality show for criticizing her singing. Now the contestant is unable to sing. Civil/Personal Injury 2. The pirate took the sunken treasure. Criminal/Theft Civil/Conversion 3. An athlete was attacked by an opponent. Criminal/Assault Civil/Personal Injury 4. A famous couple no longer wanted to be married. Civil/Divorce 5. The survivor winner didn t pay taxes on his million dollar prize Criminal/Fraud Civil/Breach of Contract 6. A T.V. doctor was sued for malpractice. Civil/Personal 7. A CSI technician testified about fingerprints in a homicide. Criminal/Murder Civil/Battery 8. A starlet was driving a car recklessly and hit someone. Criminal/Criminal Negligence Civil/Personal Injury 9. An extreme sport participant sued the promoters for reckless endangerment. Criminal/Reckless Endangerment Civil/Personal Injury 10. A T.V. lawyer took on a special prosecution of a cocaine kingpin. Criminal/Trafficking in Narcotics 8 COURTS OF BC Teacher s Guide

13 Activity Two: Top Ten List LESSON 2 Make a list of the ten most important facts you should know about the Supreme Court of BC. Order them from most important to least important. Work individually or in groups as your teacher directs. Top Ten List COURTS OF BC Teacher s Guide 9

14 Lesson 3 Court of Appeal for BC Objectives Upon completion of the lesson, students will be able to: Understand the difference between a trial court and an appeal court Understand the principles of law including the rule of precedent Demonstrate a knowledge of the structure and jurisdiction of the Court of Appeal for BC Evaluation of Students Progress Pre-Reading Activity Redone At the end of the unit have your students list in point form what they have learned about each court and have them answer their questions posed in the pre-reading activity. Ideally do not tell your students when you are giving them this activity again. This approach would be indicative of the real learning that has taken place during the teaching of this unit. Instructions for the Teacher This lesson has two activities. The students should read the handouts on the Court of Appeal for BC prior to the lesson. Have the students briefly review the handout on the Court of Appeal by using the Jeopardy activity. Ask them if they have any questions on the content. Emphasize the differences between trial courts and the appeal court. Watch the videos in class or on the website in a computer lab. Ask the students what they learned. Activity One: Compare and Contrast Two Courtrooms Compare and contrast a Supreme Court courtroom with a Court of Appeal courtroom. What are the similarities and differences? Activity Two: Decision Making Divide the class into two groups and give each group one of the following scenarios to work on. The students are to complete the Activity One sheet. Half of each group can work on the argument for each side of the case. Activity Three: If I was a Judge I d This is an activity that can be used to conclude the whole unit. Ask the students to choose to be a Judge of one the courts and to write a 1 st person narrative of a day in the life of a Judge. It could include the activities of the Judge plus the types of cases he or she might be hearing but it should be very personal. Here is an example of a starting paragraph: The docket is full today and I don t see how it is possibly human to complete everything. But first things, first, where is my robe? Oh, here it is, I think I need to look at getting a new one as this one has seen too many trials. The red is starting to fade! Time: 60 minutes If I was a Judge I d. Grade this paragraph. Unit Test Give the test to your students. 10 COURTS OF BC Teacher s Guide

15 LESSON 3 Activity One: Compare and Contrast Two Courtrooms Look at a Supreme Court courtroom and a Court of Appeal courtroom and list the similarities and the differences. Similarities Differences Activity Two: Decision Making Scenario One Samantha was very upset because her neighbour s tree shed its leaves into the drainage system of her house and plugged it up. The result was a flood in her basement which resulted in $ of damage. Samantha cut the branches of the tree that were hanging over her fence to prevent this happening again. The tree was very old and a rare species worth $ The tree died and the neighbour sued Samantha for the cost of the tree. Consider the following: Law of Negligence: Negligence is when a person does something carelessly and that carelessness causes injury to another person or to another person s property. If the defendant should have known that injury or damage was likely to occur, then they are guilty or at fault. Damaging Another s Property: Anyone who intentionally damages another s property is liable for the damage. Scenario Two Paul and Mario were in a night club. When they left the club they got into a verbal altercation. Paul got in his car to leave and Mario kicked the door of his car denting it. Paul got out of his car and started arguing with Mario. He punched Mario in the face. Paul was charged with assault. Consider the following: Assault: A person commits assault when, without the consent of another person, she or he applies force intentionally either directly or indirectly or attempts or threatens by act or gesture to apply force. Defence of Consent: The accused honestly and reasonably believed at the time of the assault that the complainant consented to the assault. Defence of Person: A person justifies the use of force in his own defence to prevent the assault or its repetition. Discuss the answers to the Decision Making Sheet. COURTS OF BC Teacher s Guide 11

16 Activity Two: Decision Making LESSON 3 Read your scenario and then answer the following questions. For question 3 and 4, half of the group can work on each litigant s argument. 1. What type of case is this? 2. What court would hear this case? 3. Write an argument you would use when arguing for the plaintiff or the Crown. 4. Write an argument you would use when arguing for the defendant or the accused. 5. If you were the judge how would you decide the case? Explain your reasons for judgment. 6. Would the defendant or accused have a counterclaim or a defence? If so explain why? 7. If the defendant or the accused did not like the decision, in which court would the appeal take place? 12 COURTS OF BC Teacher s Guide

17 Activity Three: If I was a judge I d... LESSON 3 Choose to be a Judge of one the courts and to write a 1 st person narrative of a day in the life of a Judge. It could include the activities of the Judge plus the types of cases he or she might be hearing but it should be very personal. Here is an example of a starting paragraph: The docket is full today and I don t see how it is possibly human to complete everything. But first things, first, where is my robe? Oh, here it is, I think I need to look at getting a new one as this one has seen too many trials. The red is starting to fade! COURTS OF BC Teacher s Guide 13

18 Unit Test Courts of BC 1. What are the names of BC s trial courts? 2. If a person believes that the judge came to a wrong decision in a case what can she or he do? 3. What is the name of the court of final appeal in Canada? 4. What is judicial independence and why is it important? 5. Why are courts open to the public? 6. Explain what is meant by a ban on publication. Give an example where it might be ordered by a judge. 7. Give an example of when a judge might restrict access to part of a trial. 14 COURTS OF BC Teacher s Guide

19 8. Circle the terms that would be used in the Court of Appeal for BC. a. Plaintiff d. Appellant b. Respondent e. Crown c. Accused f. Defendant 9. What type of cases would have a jury? 10. Which courts do not have jury trials? 11. What is the difference between a civil and criminal jury? 12. What is the burden of proof in a civil case? In a criminal case? Why do you think there is a difference? 13. Can you settle a criminal case? Why or why not? COURTS OF BC Teacher s Guide 15

20 14. Explain what a preliminary inquiry is and in which court it is heard. Give an example of an offence where a preliminary inquiry might take place. 15. If you are suing for $25, which court would hear the trial? 16. Why is there a separate court for youth ages 12-17? 17. What is an election in terms of criminal trials? 18. Circle the types of cases which would be heard in the Provincial Court. a. shoplifting d. personal injury with damages of $ b. divorce e. division of family assets or property c. custody f. by-law violation 19. What is the purpose of a family case conference? 20. What do you call Masters and Provincial Court judges in the courtroom? 21. What do you call Supreme Court and Court of Appeal judges outside the courtroom? 16 COURTS OF BC Teacher s Guide

21 22. Why does the Supreme Court of BC hear different cases than Provincial Court? Give an example of a case that is only heard in Supreme Court. 23. What is the difference between a trial and a chambers application? 24. What is the difference between an appeal court and a trial court? 25. Why do Supreme Court judges wear different robes for different trials? 26. Which court hears the most cases? 27. Create a scenario for a case which will be heard in all three courts-provincial, Supreme and Court of Appeal. Be sure to explain how the case gets from one court to the next. COURTS OF BC Teacher s Guide 17

22 Enrichment Activities 1. Visit the courts. Contact your local Law Courts Education Society office, to book a time for your class to see the Provincial Court of BC, Supreme Court of BC or Court of Appeal for BC. Vancouver Law Courts (604) Lower Mainland West Region (604) Lower Mainland South Fraser Region (604) Lower Mainland North Fraser Region (604) Greater Victoria Region (250) Interior Region Thompson (Kamloops) (250) Interior Region Okanagan (Kelowna) (250) Northern Region (Prince George) (250) Re-enactment the scenarios included in Lesson Three. Change the classroom into a courtroom and have an impromptu trial based on the facts presented. Assign the roles to the students. 3. Research and prepare a short speech about one of the people who work in or are involved with the courts. Try to arrange an interview with the person to get their personal views on their role in the justice system. Suggestions may include: justice of the peace, master, judge or justice, court clerk, Crown or defence lawyers, sheriff, family justice counsellors, probation officers or police officers.. 4. Organize a visit from a media reporter who reports on the courts and interesting cases and issues that are being dealt with by the courts. Prepare a report including the information listed below: What is the name of the guest speaker? Place of work and position with news organization. How does s/he choose the cases they report on? How does s/he report the stories? How does s/he decide? Does s/he report all the facts or just portions of the story? Does s/he have a bias when reporting? What is difference between news articles or segments and editorials? 5. Visit a courthouse in your area and observe a jury trial in progress. How did the judge interact with the jury? Was the jury ever asked to go to the jury room? If so, what arguments were made by counsel during their absence? How did the counsel in the case interact with the jury? Do you think counsel would have to conduct his or her case differently if there is a jury? Prepare a short written report on what you observed. 6. Do some research on whether the jury system works in Canada. Is it good to have the judge make decisions on the law and the jury make decisions on the facts? Do they work effectively together? Write a short report on your findings and support those findings with statistics if possible. 7. Research the procedure for filing a criminal appeal in the Court of Appeal for BC. Design a brochure for a person who wishes to file his or her own appeal without the help of a lawyer. 8. Watch Judge Judy and a Small Claims trial in BC then compare and contrast the American and Canadian courts of first instance. 9. Make a list of student issues that could be brought before a civil or family court. Could a court like this be held in your school? What do you think would be the best way to organize it? Who would judge the cases? Who would be the lawyers for the plaintiff and defendants? Should it just be limited to civil cases? Why or why not? What would you call this court? Prepare a short report for the class on this type of court. 10 Create your own quiz on the Courts of BC. Use multiple choice, matching, fill in-the-blanks, and short answer questions. Make an answer key for your quiz. Work in groups to generate several quizzes that could be combined for the class. 18 COURTS OF BC Teacher s Guide

23 APPENDIX A BC Ministry of Education Integrated Resource Packages (IRPs) Civic Studies 11: Prescribed Learning Outcomes Courts of BC encompasses concepts and activities from the B.C. Ministry of Education IRPs. This program meets the following prescribed learning outcomes for Civic Studies 11. Skills and Processes of Civic Studies Critical thinking skills including comparing, summarizing and drawing conclusions Research skills in evaluating, organizing and presenting information Communication skills Skills and attitudes of active citizenship Informed Citizenship Knowledge of factors that help define Canadian civic identity by looking at the role of the courts Understanding the Canadian legal system including the legal processes and the courts as well as the enforcement and administration of laws Understanding the legal rights and responsibilities in Canadian society Civic Deliberation Assessing the application of fundamental principles of democracy Understanding the dynamics of power Understanding the roles of values and beliefs in decision making Civic Action Evaluation of the citizen s role in the civic process Social Studies 11: Prescribed Learning Outcomes Courts of BC encompasses concepts and activities from the B.C. Ministry of Education IRPs. This program meets the following prescribed learning outcomes for Social Studies 11. Skills and Processes of Social Studies 11 Critical thinking skills including comparing, summarizing and drawing conclusions Research skills in evaluating, organizing and presenting information Communication skills Skills and attitudes of active citizenship Politics and Government Understanding of the political spectrum and how the courts fit into it Understanding of important legal protections under Charter of Rights and Freedoms Society and Identity Representing what it means to be Canadian with reference to Canadian programs and policies Law 12 Curriculum Courts of BC encompasses concepts and activities that meet the B.C. Ministry of Education IRPs. This program meets the following prescribed learning outcomes for Law 12. Understanding the principles of law including the rule of precedent Understanding concepts of law such as jurisdiction Demonstrating a knowledge of the structure and jurisdiction of the Canadian court system, including the levels of court and roles and responsibilities within the courts Describing the process involved in resolving disputes Analyzing the impact of Charter rights Evaluating the principles of criminal and civil law Describing the nature, purpose and effect of laws related to marriage and family case resolution COURTS OF BC Teacher s Guide 19

24 APPENDIX B Handouts for Students You can use these handouts as class notes for your students. It is recommended that the students read them prior to each lesson. You will find the PDF files under Handouts for Students on the website They include the following: Table of Contents Getting Started A1 Access to the Courts A2 Judicial Independence A3 Civil Law A4 Criminal Law A5 Provincial Court of BC A6 Supreme Court of BC A11 Court of Appeal for BC A15 20 COURTS OF BC Teacher s Guide

25 HANDOUT Getting Started Types of Courts Do you know what types of courts operate in British Columbia? Trial? Appeal? Or Both? Did you say both? Good answer. Yes, here in BC, we have two trial courts and one appeal court. Depending upon the type of case, trials are held in either the Provincial Court of BC or the Supreme Court of BC. The judges in these courts hear evidence from each side and decide in favour of one. These are called trial courts. After a decision, one of the parties may be unhappy with the outcome and believe that the judge came to a wrong decision. Under certain conditions, that party may be able to go to the Court of Appeal for BC where three or five judges can either accept or reject the appeal. Want to learn more? This is just a start. Court processes can be fascinating and very different from what you may have seen on television or in movies. You can learn more about the individual courts, civil and criminal law, judicial independence and access to the courts at The appeal process does not have to stop there. The Supreme Court of Canada can hear appeals from the Courts of Appeal in every province, including BC. The Supreme Court of Canada has the last word, though. All courts in Canada must follow the decisions of the highest court in the land. Who runs the courts? Both the federal and provincial governments are involved in BC s court system. The Government of Canada appoints and pays the judges of the Supreme Court of BC, the Court of Appeal for BC and, of course, the Supreme Court of Canada. The Government of British Columbia appoints and pays the Provincial Court judges and the Masters of the Supreme Court of BC, the people who decide on pre-trial matters. It also pays for and administers all three BC courts through the Court Services Branch. This branch enables BC courts to run smoothly. Its employees keep the court registry of documents, supply all the support services required to run the courts, escort prisoners to court, keep prisoners in custody while in court and maintain courthouse security. The Court Services Branch also provides for and maintains courthouse facilities. COURTS OF BC Teacher s Guide A1

26 HANDOUT Access to the Courts An Open Society Means Open Courts Open courts mean that we can see first hand how our rights as citizens are protected. They also remind us that justice comes first before any individual special interests. As a citizen, you have the right to visit courts and observe them in action. With very few exceptions, all courts are open to the public. You are welcome to sit in a reserved space called the public gallery and watch what happens. You can pass a very interesting day this way and learn a lot about how our society operates. You can even represent yourself in court. Most people, though, prefer to be represented by a lawyer, especially if the matter is serious. It is probably a better idea to do your learning from the gallery than in front of a judge. As a citizen, you have the right to visit courts and observe them in action. With very few exceptions, all courts are open to the public. The Exceptions In certain cases, a court may be closed. This happens most often to protect the rights of children. For instance, if a young child is giving evidence in a sexual assault case, the judge can restrict access to the courtroom for that part of the trial. Sometimes, the trial judge orders a ban on publication. This means that members of the news media are not allowed to report on some aspects of the trial. For example, the identity of an undercover police officer might need to be protected, so newspapers or radio stations wouldn t be able to report the name of the officer. Even with a publication ban, the public is still entitled to watch the case in the courtroom. This is an entirely open process. A2 COURTS OF BC Teacher s Guide

27 HANDOUT Judicial Independence If you only remember one thing about our justice system, remember this: Even though our governments pay for everything, our courts and judges are independent of government. No government can tell a court or judge how to decide a case. Judicial independence is the cornerstone of our justice system. Judicial independence means that judges are free to make their decisions without interference or influence from any source, including elected officials like Members of the Legislature or Members of Parliament. Even the Prime Minister of Canada cannot influence a court decision. Judges have a responsibility to listen to both sides of the case and then to make impartial, fair decisions based on the evidence and the law. If a judge felt pressure from the government to decide the case in a particular way, that could be very unfair to anyone with a competing interest in the case. The rights of individual citizens would not be protected. If you only remember one thing about our justice system, remember this: Even though our governments pay for everything, our courts and judges are independent of government. No government can tell a court or judge how to decide a case. The judge has to feel free to make the right decision - the decision that is consistent with the facts and the law - even if the judge knows that the decision may be unpopular. Even though they are independent, judges are still accountable for their decisions through the appeals process. Their decisions can be examined by a higher court. Judges are also responsible to the courts. A judge would never refuse to hear a case because it was going to be difficult or unpopular, but occasionally a judge has to refuse to hear a case because she or he has some sort of prior connection with one of the parties, or some other conflict of interest. Where the conflict is slight, the judge may disclose the connection to both parties and allow the lawyers in the case to raise any concerns they have with the judge continuing to hear the case. It s important that both parties feel confident that the judge will be impartial. For example, if the case involved the judge s neighbour, then the neighbour or the judge might feel uncomfortable with the judge hearing the case because they have a relationship outside the courtroom. Judges may be appointed at any age. Federally appointed judges can serve until the age of 75. Provincial Court judges may work until the age of 70. COURTS OF BC Teacher s Guide A3

28 HANDOUT Civil Law What is a Civil Case? Whenever people interact with each other, there is potential for disagreement. Sometimes, these disagreements reach the court through civil cases. Individuals, businesses, and governments may all experience conflicts or disputes where one party says that they have suffered damage as a result of legally wrongful conduct committed by another party. Examples of such cases include contract disputes, divorces, custody disputes, contested wills and estates, and personal injury claims. How Are Civil Cases Started? A civil case gets started when one party files court documents called pleadings. Then, the other party can file their own documents to present their position. Whoever starts this process is called the plaintiff, claimant or the petitioner. The party on the other side is called the defendant or the respondent. A style of cause shows who is suing and who is being sued. If your last name was Jones, for example, and you were suing someone named Smith, the case would be called Jones v. Smith. You would be the plaintiff and Smith would be the defendant. You or Smith could decide to represent yourselves. Or, you could hire a lawyer to represent you in court. How Are Civil Cases Decided? Courts would try to help you and Smith find your own solution, but if that didn t work, then the court would decide the outcome of the case. Civil cases are heard at all court levels. If your case involved a claim of $25,000 or under, it could be brought to the Small Claims in the Provincial Court of BC. They generally cost less money and take less time than trials in Supreme Court. If your case involved a larger claim, it could be heard by a judge or jury in the Supreme Court of BC. If you chose to have a jury, you would face eight jurors who are regular citizens charged by the court to made judicial decisions. Most Supreme Court civil cases are heard by a judge sitting alone. Judges or juries will listen to both sides, weigh the evidence, and make a decision in favour of either you or Smith. The successful party is the one who can convince the court that their side of the case is more probable. This is called proving your case on the balance of probabilities. It is different from the type of proof required in a criminal case. If a plaintiff is the successful party in a civil trial, the judge will award damages to the plaintiff. If the defendant is the successful party then the claim will be dismissed. In either case the judge may also decide to award costs to the successful party which is money to help cover part of their court expenses. A4 COURTS OF BC Teacher s Guide

29 HANDOUT Criminal Law Innocent Until Proven Guilty In our system, an accused person is presumed to be innocent until proven guilty. To be proven guilty, the evidence presented by the Crown must establish beyond a reasonable doubt that the accused intended the criminal conduct and actually committed the alleged act. With most serious criminal charges, the Provincial Court of BC holds a preliminary inquiry before the case can be heard in Supreme Court of BC. The Crown must prove that there is enough evidence to commit the accused to trial in Supreme Court. The accused does not have to present a defense at this time. Crimes against Society As Canadian citizens, we must all abide by a federal law called the Criminal Code which defines many different kinds of actions as crimes. Just a few examples include murder, manslaughter, criminal negligence causing death or bodily harm, assault, robbery or theft. If an offence is listed in the Criminal Code, it is considered a crime. When police and prosecutors reasonably believe a person has broken a criminal law, they can charge that person with an offence. That person is called the accused. Although the accused certainly may have harmed one or more individuals personally, our justice system considers a crime to be an offence against the state itself, therefore the charge would read: Regina (which is Latin for Queen, our official Head of State) versus the name of the person charged. For example, if someone with the last name Smith was charged with murder, Smith would be the accused and the charge would read Regina v. Smith. The government hires lawyers to act on behalf of everyone living in our community and society who, in a sense, have all been harmed by the crime. These lawyers are called Crown counsel or prosecutors. The accused has the right to have his or her own lawyer. They are called defence counsel. Each type of lawyer can present evidence at a criminal trial and also make arguments on appeals. At Trial In a criminal trial the judge or the jury decides whether or not the accused is guilty. The jury has twelve members and must decide unanimously to convict before the accused can be found guilty. If there is a jury, they make the decision. The judge makes rulings on the law and explains how the law applies to the facts of the case. The judge in jury trials does not make the decision. Once a case goes to trial, the accused cannot decide to settle with the other side as in civil disputes. Only the Crown counsel has the power to drop the case. As well, the witnesses to the crime are compelled to come to court to give evidence (or testify) even if they have changed their minds about testifying. For example, in an assault case between husband and wife, the injured party may not want to testify. However, if the charge has been laid, it is up to the Crown to decide whether or not to go ahead. COURTS OF BC Teacher s Guide A5

30 HANDOUT Provincial Court of BC What Does this Court Do? The Provincial Court has a broader jurisdiction than some other provincial courts in Canada. While its criminal caseload comprises the bulk of the Court s work, the Court has jurisdiction in family law, child protection law and civil law. The scope of the Court s jurisdiction is expanding. The most significant evolution has been in the increase in the monetary limit in Small Claims Court from $10,000 to $25,000. The scope of the court s work is such that its judges are the personification of justice for the vast majority of British Columbians. Welcome. You may already know that BC has three different types of courts. Let s find out more about the Provincial Court of BC and the types of cases it handles. The majority of BC s court cases are heard in the Provincial Court. This is a busy and wide-ranging court. About 145 Provincial Court judges hear approximately 130,000 civil and criminal cases each year in 88 different locations across the province. A Provincial Court operates somewhere near where you live. Any contact you have with the courts will likely occur first in the Provincial Court. You could appear as a witness or a party to an action or maybe even as an accused in a criminal case. Civil Cases In civil and family matters, it is not always necessary, though, for a judge to decide an issue. Many parties can work things out for themselves through the mediation-based alternatives available in this court. As in Supreme Court, a civil case can be settled at anytime during the proceedings by the parties themselves. Criminal Cases Criminal cases heard in Provincial Court may take the form of guilty pleas, preliminary inquiries, applications or trials before a judge only. There are no jury trials in this court. Generally, the offences tried in this court are found in the Criminal Code, the Youth Criminal Justice Act and the Controlled Drug and Substances Act. The judges are often called upon to decide complex legal issues including Charter of Rights and Freedoms challenges, dangerous offender proceedings, mental competency hearings, drug conspiracy trials and criminal organization trials. A6 COURTS OF BC Teacher s Guide