The Courts of BC Teacher s Guide
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.
Table of Contents Introduction................................................................ 1 Program Description........................................................... 1 Program Goal................................................................. 1 Target Audience............................................................... 1 Overview for the Teacher........................................................ 1 Program Objectives............................................................ 2 Basics for the Teacher........................................................ 3 Lesson One: Judicial Independence, Access to the Courts, and the Provincial Court of BC... 4 Instructions for the Teacher...................................................... 4 Activity One: Judicial Independence and Access to the Courts........................... 5 Activity Two: Pick the Category................................................... 5 Lesson Two: Civil Law, Criminal Law and the Supreme Court of BC.................... 6 Instructions for the Teacher...................................................... 6 Activity One: Criminal or Civil?................................................... 7 Activity One: Answer Key........................................................ 8 Activity Two: Top Ten List........................................................ 9 Lesson Three: Court of Appeal for BC.......................................... 10 Instructions for the Teacher..................................................... 10 Activity One: Compare and Contrast Two Courtrooms................................ 11 Activity Two: Scenarios One and Two............................................. 11 Activity Two: Decision Making.................................................. 12 Activity Three: If I was judge I d................................................... 13 Unit Test: Courts of BC....................................................... 14 Enrichment Activities........................................................ 18 Appendix A BC Ministry of Education Integrated Resource Packages (IRPs).............................. 19 Civic Studies 11.............................................................. 19 Social Studies 11............................................................. 19 Law 12..................................................................... 19 Appendix B Handouts for the Students........................................................... 20 COURTS OF BC Teacher s Guide iii
Courts of BC iv COURTS OF BC Teacher s Guide
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 www.courtsofbc.ca. 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
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
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 www.lawcourtsed.ca. 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
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
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 $22,000.00 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 $10,000.00 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
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
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
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
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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. COURTS OF BC Teacher s Guide 9
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
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 $4000.00 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 $8000.00. 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
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
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
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
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
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 $25,000.00 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 $4000.00 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
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
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) 660-2919 Lower Mainland West Region (604) 775-2524 Lower Mainland South Fraser Region (604) 572-2276 Lower Mainland North Fraser Region (604) 660-8595 Greater Victoria Region (250) 387-3303 Interior Region Thompson (Kamloops) (250) 828-4662 Interior Region Okanagan (Kelowna) (250) 470-6965 Northern Region (Prince George) (250) 614-2736 2. 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
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
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 www.courtsofbc.ca. 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
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 www.courtsofbc.ca. 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
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
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
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
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
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
Appeals Sometimes, a Provincial Court Judge may make a decision that one party feels is wrong. That decision could be appealed. The Supreme Court of BC will hear any appeals of small claims and family cases, along with appeals of summary convictions or offences under the Criminal Code that are considered less serious. Indictable matters such as robbery or aggravated assault or other more serious criminal offences originally heard in Provincial Court can be appealed to the Court of Appeal for BC. More Learning Let s look at the four main categories of cases heard in Provincial Court: Criminal and Youth Family Small Claims (the name for civil cases in the Provincial Court) Traffic and Bylaws Criminal and Youth Matters About 99% of all criminal cases in BC begin and end in Provincial Court. A much smaller number of criminal cases are heard in the Supreme Court. It is the Supreme Court that hears all the jury trials. Provincial Court judges sit alone, never with a jury. The Provincial Court hears all criminal matters, except murder committed by adults, and a few obscure offences, such as alarming her majesty and treason. Adults The court hears trials of crimes such as theft under $5000 which is the formal name for shoplifting. It also hear trials for mischief, simple assaults and more serious crimes like aggravated sexual assault or kidnapping where the accused chooses to have his or her trial in this court. If the accused is proven guilty or pleads guilty, then the court does sentencing hearings If the accused person is charged with a more serious crime such as manslaughter, break and enter or kidnapping, the accused has the right to choose to have a trial in Provincial Court or Supreme Court. This is called an election. If the accused elects to have a trial in Supreme Court, then the Provincial Court conducts the preliminary inquiry to see if the Crown has enough evidence to hold a full trial. In murder cases involving adult accused, the judge conducts a preliminary inquiry to decide if there is enough evidence to justify holding the full trial in Supreme Court. The accused may want to have a trial in Supreme Court because they want a jury to hear their case, or they may believe the chance to have a preliminary inquiry will help them learn more about the case against them. Youth The Provincial Court hears virtually all criminal cases involving youth from ages 12 to 17, and that includes a charge of murder. Children under 12 cannot be charged with a criminal offence. However, if it is believed that a child under 12 may have committed a serious crime, the Family Court in Provincial Court can conduct a hearing to consider the child s safety and well being and whether they are being cared for appropriately. COURTS OF BC Teacher s Guide A7
Family Matters The Provincial Court of BC hears about half of all family matters in the province. Family Court helps families solve problems when children have been neglected or abused or when there are issues arising from a family breakup. If a case deals with divorce, adoptions or the division of family property it would be heard in Supreme Court. If a case involves the custody and guardianship of, or access to, or child support of children of separated parents, the case can be heard in either trial court. If it involves child protection where the state alleges children have been neglected or abused - then the case is only heard in Provincial Court. Very few family cases go to trial. The large majority of family disputes get resolved by an agreement between the parties that is developed with the help of lawyers and encouraged by court resources such as parenting education courses, meetings with Family Justice Counsellors and mediation services. This Court is Different Small Claims Court uses simple rules and plain language so that people can represent themselves and save money. (Everyone is welcome, though, to have a lawyer if they choose.) The fees for filing a claim are less expensive, there are mandatory and simple procedures for trying to settle the claim without a trial and, should a trial occur, it will be shorter and simpler. There are no civil juries in the Provincial Court, including Small Claims. Small Claims Matters The Small Claims Court deals with civil cases that have a claim for $25,000 or less in damages. The name Small Claims fits for some of the cases, but can be kind of misleading in others. It applies to all Provincial Court civil cases, whether for minor amounts like $200 or claims where the plaintiff is claiming up to $25,000 in damages which isn t exactly a small claim for most people. Civil Cases With a few exceptions, the Provincial Court hears most kinds of civil disputes, such as claims for debt or damages, construction disputes, personal injury claims, recovery of personal property or enforcement of agreements or contracts involving personal property or services. You can sue for damages regarding the purchase or sale of a piece of land in Provincial Court if the dispute is about aspects of the sale which you claim to be a breach of the sale contract. But, you would need to go to the Supreme Court if you were seeking a change in the title to the land. Claims such as builders liens, bankruptcy, wills and estates, libel or slander, or suing the federal government all have to be heard by a Supreme Court judge. Citizens can sue the provincial government in either the Provincial Court of BC or the Supreme Court of BC. A8 COURTS OF BC Teacher s Guide
You can sue the federal government in the Supreme Court or in another court called the Federal Court. If someone named Jones was suing the government, the case would be called Jones versus Her Majesty the Queen. The Queen is the head of state in Canada, so her name is used to represent the government side in provincial or federal cases. Procedures A large majority of cases settle without a trial, and can be settled at any time during the proceedings. In every case that is disputed by the respondent, Small Claims Court holds a settlement conference with a judge or a mediation session with a courtappointed mediator who is not a judge. If the parties are unable to agree on a resolution, and the case has to go to trial, then there may be a pre-trial conference so that everyone is clear in advance about the legal issues and how the trial will proceed. Pilot Program To become even more efficient, a Small Claims Court pilot program started in Vancouver in January 2008 for all cases filed after November 26, 2007. The pilot will replace the settlement conferences with four new streams. The first is a summary hearing for final determination by a judge of financial debt claims such as credit card debt, loans or overdrafts. The second is a simplified trial for claims under $5000 which will be heard by an experienced lawyer who is also a Justice of the Peace. In Vancouver, these will happen in night court, likely to be held one evening a week from 5:00-9:00 p.m. for one hour. In Richmond, these simplified trials will be held during the day. The third is mediation for claims between $5000 and $25,000. Mediators will be assigned by the BC Dispute Resolution Practicum Society, and mediation sessions will be set for two hours at 9:00 am and 1:00 pm. daily. Looking Ahead The volume of civil cases in Provincial Court is currently about half that of the Supreme Court, but that may increase if the monetary level for claims is increased to $50,000 as existing legislation would permit. The fourth is a one-half hour trial conference for cases which do not settle in mediation. At this conference, a judge could make orders on any number of trial matters such as length of trial, trial procedure and expert reports. The trial itself would follow the conference. Traffic and Bylaw Matters The most informal proceedings in Provincial Court involve traffic and bylaw matters. You can act as your own lawyer to dispute a traffic ticket for infractions like running a red light, speeding, or for parking violations. You can also dispute by-law offences such as walking a dog without a leash. Judicial Justices of the Peace will hear those cases. They are judicial officers of the court who also hear applications for search warrants and for bail. COURTS OF BC Teacher s Guide A9
Protocols Judges are addressed as Your Honour inside the courtroom. Outside court, they are addressed as Judge, followed by their surname, for example, Judge Smith. The judges of this court wear black and red robes, the traditional court attire for a Provincial Court judge. People s lives are affected in significant ways in court, so the formal attire reflects the seriousness of the court proceedings. Lawyers don t wear robes in Provincial Court, although they do in the Supreme Court. You can learn more about the B.C. court system by exploring the additional resources here on the Law Courts Education Society s website www.lawcourtsed.ca If you re curious about the Supreme Court and the B.C. Court of Appeal, there are videos at www.courtsofbc.ca to help you understand how those two courts also work. And, teachers and students should check out our teacher s guide and student handouts. Members of the public do not have to wear anything special, but if you own business-like clothing, it s a good idea to wear it when you come to court. This is a way to show the judge that you respect the court process and that you understand that a court is a more formal setting. The Judges hear cases in the courtrooms from 9:30 a.m. to 12:00 noon and from 1:30 to 4:30 p.m. Monday to Friday. It s a really important legal principle called the Open Courts Principle that court proceedings are open to the public and anyone has a right to attend. It s an important way for the Courts to be accountable to the members of the community. The registry for filing documents is open from 9:00 am to 4:00 p.m. The Provincial Court has a website which offers lots of information for the public. It will help you to learn more about the court in general, or give you more specific information such as how to start a small claims action or appear as a witness or litigant. Go to www.provincialcourt.bc.ca. A10 COURTS OF BC Teacher s Guide
HANDOUT Supreme Court of BC Civil Cases Supreme Court judges hear cases involving civil matters such as bankruptcy, personal injury claims and contract disputes, as well as judicial reviews of administrative tribunals like the Worker s Compensation Board. Cases of libel, slander and malicious prosecution are also heard in this court. The judges also make orders about divorce matters such as the division of family assets and custody of the children. You may find it interesting to know that someone without legal training may be able to do their own divorce and can be guided through the process by self-help kits found on the Legal Services Society website www.lss.bc.ca. Welcome. Let s find out more about the Supreme Court of BC and the types of cases it handles. The Supreme Court of British Columbia is one of two trial courts for the province. It hears both civil and criminal cases, as well as some appeals from the Provincial Court. Did you know that trials in this court usually take longer before coming to trial and last for many more days than trials in the Provincial Court? This court has a different jurisdiction than the Provincial Court. It hears only certain types of cases, as determined by legislation passed by the Government of BC. The Process Typically, to start a civil claim, a plaintiff or petitioner files a Writ and Statement of Claim or a Petition. The defendant or respondent must then reply in order to dispute the case. Parties in court proceedings are usually represented by a lawyer, but if you ever wish to represent yourself, you can go to the BC Supreme Court Self- Help Information Centre in Vancouver where you can get the information you need to prepare for court. Court documents from the plaintiff and the defendant must be filed at the court registry. The registry staff reviews the documents to make sure they are in the correct form. If you are claiming monetary damages over $25,000, you usually file a civil claim in the Supreme Court. If the amount is $25,000 or less, you would normally start the case in Small Claims Division of the Provincial Court. COURTS OF BC Teacher s Guide A11
Decisions and Settlements Sometimes, civil trials, such as personal injury claims, are held before a judge and jury. A jury in a civil trial has only eight members and they do not have to reach a unanimous decision, as long as 75% (or six out of eight jurors) agree on the result after at least three hours of deliberation. The jury can also make decisions on the amount of damages awarded in a case. Perhaps one of the most important things to know is that many civil cases are settled before going to trial. The parties to the lawsuit can agree at any time to settle their dispute without going to court. A court case can be lengthy and expensive, so a settlement can work well for both parties. Settlements can also take place during the trial. Criminal cases Judges and Juries If the case proceeds to the Supreme Court, the accused may be able to choose if he or she is tried by a judge alone or by a judge and jury. For murder, skyjacking, and several other serious offences, a judge and twelve-person jury hears the trial in Supreme Court unless the accused and the Crown counsel agree to a trial by judge only. For example, in one case, where the accused were charged with over 300 counts of murder, the parties agreed not to have a jury. The Supreme Court judges also hear serious criminal matters such as contempt of court, murder, manslaughter, aggravated assault, bank robbery and major drug cases. Once a person is charged with these crimes, the case will go to trial. The accused cannot decide to settle as in civil disputes. Only the Crown counsel has the power to drop the case. The witnesses to the crime are compelled to come to court to testify (give evidence) even if they have changed their minds about proceeding. 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 Crown whether to go ahead or not. Preliminary Inquiry In most criminal cases, a preliminary inquiry is held in Provincial Court before the case is heard in Supreme Court. At this time, the accused does not have to present any evidence. The Crown must prove that there is enough evidence to commit the accused to trial in Supreme Court. A civil jury has 8 jurors and a criminal jury has 12 jurors. A12 COURTS OF BC Teacher s Guide
How the Supreme Court Works It is important to note that Supreme Court orders cannot be altered by the Provincial Court. Only the Court of Appeal for BC or the Supreme Court of Canada can modify or overturn the decisions of the Supreme Court of BC. Let s look at how the Supreme Court works. Judges and Masters The Supreme Court Act passed by the Government of BC specifies that there will be 86 judges plus the Chief Judge and Assistant Chief Judge. As well, there are always a number of supernumerary or half time judges. The Supreme Court judges sit in eight judicial districts, traveling around the province on circuit through the year. The court also employs Supreme Court Masters who deal primarily with pre-trial matters in chambers. Masters are addressed as Master before their surname (Master White) outside of court and as Your Honour in court. There are no witnesses in chambers, as all evidence is filed by using a written document called an affidavit. This affidavit sets out the evidence and is sworn to by the person who is giving that evidence. Chambers matters are much shorter than trials and usually last a few minutes to a few hours. (If you ever have to prepare for a chambers hearing in a family law matter, go to www.courttips.ca to understand the process and to see what judges expect in your application.) Trials In most cases, the judge or master will only make an interim order and will not give the final judgment in the case. A final decision will be made by a Supreme Court judge at trial. To come to a decision, the court considers the evidence presented in a case, along with statute law, the Rules of Court, regulations and case law. It is very important that judges and masters follow the law as set out in previously decided cases. Rules of Court govern the conduct of the case from filing the initial court documents to the conclusion of the case. For example, there is a rule of court that determines the order in which evidence may be presented at a trial. Regulations set out practical information and procedures in relation to statute law. For example, the regulations will set out the fees payable for filing documents to get a case started. COURTS OF BC Teacher s Guide A13
There are ways to speed up the litigation process. For example, you may want to consider a fast track trial under Rule 66, which takes less than a year to complete. Or, you could consider expedited litigation under Rule 68 if your claim is under $100,000. Protocols When you have an opportunity to address a judge in Supreme Court, you would say Mister or Madame Justice (last name) outside the courtroom and My Lord or My Lady inside the courtroom. If you write to a judge, you would address your letter to The Honourable Chief Justice (last name), Madam Justice (last name), or Mister Justice (last name). You should be aware that the Supreme Court is a formal court where the judge, Crown counsel, defence counsel and the court clerk wear special court attire. Fortunately, nobody has to wear white curly wigs anymore. Judges wear black robes for most trials and red and black robes for criminal jury trials. All the lawyers are required to wear black robes at trial. If you are in court, you should dress appropriately and conduct yourself in a courteous and respectful manner. Link to Supreme Court of BC Self-Help Information www.supremecourtselfhelp. bc.ca Find out more about this court by visiting its website. Reasons for judgment from previous cases are regularly posted on the court s website. Link to the Supreme Court www.courts.gov.bc.ca When the judge or master enters or leaves the courtroom, a court clerk will say Order in court. At that time, everyone in the courtroom must stand. Sometimes, you will see people bowing to the judge as they enter or leave the courtroom. These are lawyers who are officers of the court, and they are showing a sign of respect to the judge. If you or any member of the public wants to see a trial or court proceeding, the courts are open for that purpose. You must stand when asked to do so, but you do not need to bow. The judges of the Supreme Court of BC hear cases in court Monday to Friday from 10am to 12:30pm and from 2pm to 4pm. The Supreme Court of BC Self-Help Information website has several guidebooks that give information about the court, the terms used, trials, and how to gather and use evidence and court procedure. A14 COURTS OF BC Teacher s Guide
HANDOUT Court of Appeal for BC In the Court of Appeal, you typically see three or five judges sitting together on the bench to hear appeals. Five judges are required if the court is being asked to overturn one of its own previous decisions. Otherwise, only three judges hear the appeal. The Court of Appeal hears both civil and criminal cases. You can find out more about the differences between civil and criminal law by looking at your notes on these topics. Welcome. Are you ready to learn more about the Court of Appeal for BC and the types of cases it hears? As the name suggests, this court hears appeals from previously decided cases. These appeals come from cases heard in the Provincial Court of BC and the Supreme Court of BC and cases heard by administrative tribunals such as the Worker s Compensation Board. An appeal may be made if someone is unhappy with the result or judgment in their case. In criminal cases, anyone convicted of a crime can appeal the conviction itself. However, to appeal sentencing, the court must grant the party leave to appeal. In civil cases, any final order of the Supreme Court can be appealed. However, if the civil case comes from the Small Claims division, it can only be appealed to the Supreme Court of BC and cannot proceed to the Court of Appeal. No New Evidence If you are the party bringing the appeal before the court, you are called the appellant. The party who argues against the appeal being granted is called the respondent. An appeal case involves only judges and lawyers and the proceedings are typically held in open courtrooms. Perhaps the most important thing to know is that this court only decides whether or not the trial decision was correct in law. The judges are not fact finders. Except in very rare cases, no witnesses appear in this court to give evidence. COURTS OF BC Teacher s Guide A15
Instead, judges review the written record of the original trial called the transcript and then determine whether there were any errors made in applying the law. A rare exception to this practice occurred one time in a murder case where one of the jurors had an affair with one of the accused. At the end of the trial, the accused were found not guilty. Evidence of the affair was never heard in the trial court, so that evidence had to be presented after the Crown appealed the case. One justice of the Court of Appeal heard the new evidence, and it became part of the transcript that the full court was asked to examine. The Final Word You should know that other BC courts are bound by the decisions of this court. These courts must follow the law set out by the Court of Appeal for BC. 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. Find out more about this court by visiting its website. You may want to read the reasons for judgment which are posted there for recent decisions. Link to the Court of Appeal www.courts.gov.bc.ca Link to Supreme Court of Canada www.scc-csc.gc.ca Appeals do not have to end here in BC, though. If someone is unhappy with the Court of Appeal decision, they may be able to appeal to the Supreme Court of Canada. In most cases, a panel of three judges needs to grant leave or permission to appeal the case to this court. Leave to appeal is granted based on the court s assessment of the public importance of the legal issues raised in the case. For instance leave may be granted if the case raised a constitutional issue. In criminal cases where the provincial court of appeal decision has one dissenting judge, an appeal to the Supreme Court of Canada may be brought as of right which means it does not need to have leave. All decisions made by the Supreme Court of Canada are final. How the Court of Appeal Works The Court of Appeal judges sit regularly at the Law Courts in Vancouver and Victoria and, from time to time, in Kamloops, Kelowna, and Prince George. The judges of Court of Appeal are also judges of the Yukon Court of Appeal which sits once a year in Whitehorse. Yukon appeals are heard in Vancouver. Vancouver is the central registry for the Court of Appeal. So, if you were going to file an appeal this is where you would get started. There are 14 regular full time judges plus the Chief Justice who heads the Court of Appeal. There are also semi-retired judges who sit at least halftime as supernumerary judges. The judges are addressed as Mister or Madam Justice outside the courtroom and as My Lord or My Lady inside the courtroom. As this is a more formal court, the judges and the lawyers wear black robes. A16 COURTS OF BC Teacher s Guide
The Courts of BC Teacher s Guide has been developed to accompany the videos that appear on the website at www.courtsofbc.ca. Y Law Courts Education Society 260-800 Hornby Street Vancouver, BC V6Z 2C5 www.lawcourtsed.ca COURTS OF BC Teacher s Guide A17