Table of Contents
Who is in the Courtroom?
You will notice that there are usually a few people wearing black robes.
At the top, there will always be someone wearing a sash and a black robe.
Judge or Justice of the Peace
- JUDGE
- Wears a red sash
- Requires a legal background
- Appointed by the provincial/federal government
- Handles more complex and serious legal matters in higher courts
- Have authority on broad range of legal areas including:
- Serious criminal cases
- Oversees trials
- Rules on the admissibility of evidence and legal arguments
- In a trial without a jury, delivers verdicts and sentences in cases
- In a jury trial, instructs the jury and oversees the trial
- JUSTICE of the PEACE
- Wears a green sash
- Does not always require a legal background
- Appointed by the provincial government
- Typically deals with less serious matters and administrative or procedural functions
- Have limited authority on:
- Bail hearings
- Remand decisions
- Issuing legal documents such as search warrants, summons and subpoenas
- Minor criminal offences
- Handles preliminary matters such as bail hearings, accepting guilty pleas, first appearances
Role of the Court Clerk
There will be a few court clerks assisting the Judge or Justice of the Peace. They will:
- Record the outcome of that court appearance, whether it is an adjournment or a judgement.
- Ensure the courtroom is maintained with proper courtroom decorum (i.e. members of the public are being too loud or you are wearing a hat inside the courtroom).
- Process legal documents (i.e. summons, subpoenas and warrants)
- Maintain accurate records of court proceedings
- Collect and process court fees, fines and bail payments
- Issue certified copies of judgements, order or other legal documents
- Schedule court appearances etc.
Crown Prosecutor
To the right side of the courtroom, is the Crown Prosecutor.
The Crown is there for everyone’s matter in that courtroom. The Crown is representing the Prosecution side and will not necessarily be the assigned Crown to your case.
Difference Between Provincial Crown Prosecutor and a Federal Crown Prosecutor
The Provincial Crown Prosecutor handles cases under the Criminal Code.
The Federal Crown Prosecutor deals with cases under federal laws such as the Controlled Drugs and Substances Act.
Who Else is in the Courtroom?
Defence Lawyer
• Represents the accused in ensuring their legal rights are protected
• This could be a public defender (i.e. duty counsel) or a private lawyer
Court Officer
• Responsible for maintaining the smooth operation of security of the courtroom
• Ensures the safety of all individuals in the courtroom including the judge, lawyers, court staff,
defendants, witness and the public
• Escort defendants, witnesses and jury members to and from the courtroom as necessary
Court Reporter
• Creates accurate and complete records of court proceedings
• Create a verbatim transcript of everything that was said on court (this can be used for appeals, legal references, trials)
• Use a special machine called the stenograph, audio recorder or voice writing technology to capture a word-for-word record
• May clarify spellings or unclear statements during proceedings by requesting repetition or clarification
Contact Shim Law Today
If you’re facing any charges, call our office at (587) 391-9580 to book a consultation today.
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