Section 7 – Canadian Legal System (30 Minute Research & Assignment)
Section 7 : Canadian Legal System (30 minute Research & Assignment)
Research: Read the following material provided, and research the material online. Please document any information you may find important and useful. Once the 30-minute time requirement has completed, you may continue to the following lesson.
Assignment: Your assignment is to research online for 1 example of “Circumstantial Evidence” and provide it in your learning journal.
Please write the answers to your Research and Assignment in your Learning Journal. These answers will need to be submitted at the end of this course. This assignment should be no longer than a paragraph (maximum 100 words).
Section 7 : Canadian Legal System
Security guards work within the Canadian legal system. They need to be familiar with the Criminal Court System, the Ontario Evidence Act, the Canada Evidence Act and how these apply to their positions to ensure the information they obtain is admissible in court. They should have an understanding of the differences between federal, provincial and municipal law and the differences between criminal and civil law. They should have an understanding of the hierarchy of the court system and the requirements for the admissibility of evidence.
Canadian Criminal Court System
Security guards may be required to prepare for legal proceedings, present evidence, prepare themselves and/or witnesses for testimony and follow up on the outcome of court proceedings. Security guards need a general understanding that all investigations should be concluded as if the case could potentially go to trial and therefore handle themselves accordingly to ensure that no procedural or administrative mistakes are made.
Evidence Handling Techniques
Where police are not immediately available, security guards may be called to secure evidence that may be used in court. They should know how to collect and preserve evidence while preventing it from becoming contaminated. They should also know how to present admissible evidence in court. The six core steps for containing evidence are: collect, secure, preserve, identify, ensure continuity, and log.
Care and Control of Evidence
In the event of an incident security guards should treat all evidence as though it could potentially be used in a trial. When physical evidence is presented at a trial, a chain of custody of the uninterrupted control of evidence must be clearly shown; the evidence must be properly identified and must be relevant to the case before the court. If the security guard must collect the evidence, the bag in which it is contained should be marked with the security guards initials and the time and date when gathered. It is important to limit the number of individuals who handle the evidence to the smallest number possible and properly document each transfer in order to maintain the chain of custody.
Criminal Law
Criminal Law is the standard of behaviour that governs all people in our society.Its main purpose is to protect all citizens, keeping communities peaceful and safe by regulating our conduct. A person accused of committing a criminal offence is entitled to appear in a court of law to answer to the accusation. The Court must be satisfied that the person is guilty of the conduct that is an offence detailed in the Criminal Code (Canada) has been committed before punishing the person. The Court can be satisfied of this in one of two ways: by the accused person admitting guilt (a guilty plea), or by finding the person guilty after trial. The federal government has the responsibility of creating criminal laws and has placed the bulk of them in a comprehensive piece of legislation called the Criminal Code (Canada).
Provincial Law
Provinces have passed acts which create provincial offences. Provincial offences in Ontario are prosecuted under the Provincial Offences Act and are processed much like summary conviction offences under the Criminal Code (Canada).
Municipal By-laws
By definition, these laws are specific to each municipality. Security guards need to be aware of the by-laws that are specific to their area. Typically, each municipality will have by-laws in place to regulate things such as noise limits, occupancy limits, traffic rules, etc.
Security guards can access the list of by-laws in their area by contacting their municipality’s town or city hall, or by visiting its website.
Different Areas of Law
Substantive Law: Describes the type of conduct that is acceptable and unacceptable. Defines legal rights and obligations; legal rights may be enforced by way of legal proceedings, to which substantive law sets out the defenses.
Divided between public and private law:
- Public Law (Criminal law, Constitutional law, Administrative law, Tax law)
- Private Law (Contract law, Tort law, Property law, Family law, Corporate law)
Procedural Law: Law that sets out the procedure to follow when there is a violation of substantive law in order to enforce the rights, duties and liabilities that are set out in the substantive law. Including court proceedings and defense.
- Criminal Procedure
- Civil Procedure
Law of Evidence: These laws set out the manner in which you can prove facts in a trial or a proceeding.
The CIVIL Process
1.Civil Wrong (Tort or Breach of Contract)
2.Litigant Consults Legal Council
3.Writ of Summons Issued
4.Writ Served on Defendant
5.Defendant Enters Appearance
6.Pleadings (Statement of Claim, Statement of Defense and Counterclaim, Reply and Defense to Counterclaim)
7.Discovery
8.Trial
A. Defendant Found Not Liable (and Case Dismissed)
B. Defendant Found Liable (and Ordered to Pay Fines)
Ontario Evidence Act
Examination of witnesses, proof of contradictory written statements
s. 20 A witness may be cross-examined as to previous statements made by him or her in writing, or reduced into writing, relative to the matter in question, without the writing being shown to the witness, but, if it is intended to contradict the witness by the writing, his or her attention shall, before such contradictory proof is given, be called to those parts of the writing that are to be used for the purpose of so contradicting the witness, and the judge or other person presiding at any time during the trial or proceeding may require the production of the writing for his or her inspection, and may thereupon make such use of it for the purposes of the trial or proceeding as he or she thinks fit.
Prints from photographic film
s. 34 (2) Admissibility in Evidence
Electronic records
s. 34.1 (4) (6) Constitution and Authentication
