How Nova Scotia's Justice System Works:

Many people have never had any interaction with the legal system and it can feel quite intimidating and confusing. Below is an outline to help you understand how the justice system works here in Nova Scotia.

 

The criminal justice system in Nova Scotia operates to uphold the law, protect individual rights, and ensure public safety. It involves multiple organizations with different roles that work together to bring cases through a structured, fair process. Here’s an introduction to how it works, highlighting the main bodies involved.

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1. Law Enforcement Agencies

• Role: Law enforcement agencies like the RCMP (Royal Canadian Mounted Police) and municipal police departments are responsible for investigating suspected crimes, gathering evidence, and making arrests.

• Process: When law enforcement believes someone has committed a crime, they may arrest them. Once detained, individuals have certain legal rights, including the right to remain silent and to speak to a lawyer. Law enforcement officers then submit their evidence to the Crown prosecutor’s office.

 

2. Crown Prosecutors

• Role: Crown prosecutors represent the government and public interest in criminal cases. Their role is to prosecute accused people by presenting the evidence against them in Court and proving their guilt beyond a reasonable doubt.

• Process: The Crown prosecutor reviews the evidence provided by law enforcement to determine if there is enough evidence and it is in the public interest to proceed with the prosecution.  The prosecutor prepares the case for trial, brings forward the witnesses and presents arguments in court. Their objective is not just to secure a conviction but to ensure that justice is fairly administered.

 

3. Criminal Defence Lawyers

• Role: Criminal defence lawyers represent individuals accused of crimes, by ensuring their legal rights are protected and helping them navigate the criminal justice system.

• Process: Defence lawyers advise their clients of their rights, represent them at bail hearings and in court, challenge evidence presented by the Crown and work to build a defence. In cases where an individual cannot afford a lawyer, Legal Aid provides assistance to low-income individuals who qualify. Defence lawyers play a crucial role in upholding fairness and ensuring that the accused receives a fair trial.

 

4. Judges and Justices

• Role: Judges preside over cases in court, making impartial decisions based on the law and the evidence presented. They interpret laws, ensure courtroom procedures are followed and determine sentences for people found guilty.

• Process: Judges oversee the trial process, assess the arguments made by the Crown and the defence and instruct the jury when applicable.  In a trial, if there is no jury, the judge alone decides whether a person is found guilty or is acquitted. If the accused is convicted, the judge will determine the sentence by taking into account the seriousness of the crime, the accused’s background and any other  relevant circumstances related to the individual being sentenced.

 

5. Juries

• Role: In more serious cases, a jury of 12 citizens may be called upon  to determine whether the accused is guilty or not guilty based on the evidence in a jury trial.

• Process: Jurors are selected from the community to evaluate the evidence presented by the Crown and the defence witnesses and hear the arguments of the Crown and defence. The Jury deliberates privately to reach a unanimous verdict. Juries allow citizens to participate directly in the justice system.

 

6. Corrections System

• Role: The corrections system is responsible for overseeing individuals who are awaiting trial in custody or have been sentenced.

• Process: If a person is sentenced to serve jail time, they may serve it in a provincial or federal correctional facility depending on the length of the sentence. Corrections also include probation services, where individuals who do not serve jail time are sentenced to follow certain conditions while being monitored within the community.

 

7. The Court Process

The court process typically involves  the following stages:

• First Appearance: The accused’s initial court appearance where charges are read. A plea may be entered or the defence may request more time to prepare.

• Bail Hearing: The defence lawyer may seek bail for the accused, which allows the accused to await trial outside of custody under certain conditions. The judge decides if bail will be granted and sets the conditions, like restrictions on  travel or no-contact orders.

• Pre-Trial Conference: Before trial, the Crown and defence appear in Court to address issues related to the management of the trial to maximize the efficiency of the Court’s resources.  During this time, the judge may address legal and procedural matters.

• Trial: During the trial, the Crown presents evidence to prove the accused’s guilt beyond a reasonable doubt. The defence has the chance to challenge evidence and present its case. In trials with a jury, the judge provides legal instructions, and the jury deliberates to reach a verdict.

• Sentencing: If the accused is found guilty, the judge will impose a sentence, taking into account the nature of the crime, the accused’s history and any aggravating or mitigating factors. Sentences may range from a fine, probation, house arrest to imprisonment.

 

8. Appeals Courts

• Role: The Nova Scotia Court of Appeal reviews cases where there may have been a legal error, an unreasonable verdict or injustice in the original trial.

• Process: The accused and the Crown (in limited cases) may appeal the trial decision or verdict or sentence. The Nova Scotia Court of Appeal hears the arguments of the defence and the Crown and makes a decision whether the original trial decision or verdict or sentence should stand, or be altered, or whether a new trial will be ordered.

 

Summary of the Criminal Justice System

The police investigate and make arrests, the Crown decides whether to proceed with the prosecution and represents the public, defence lawyers protect the rights of the accused, and judges and juries decide on guilt and sentencing. This balanced system attempts to ensure that every person receives a fair trial and that justice is served in the community.