DAY 54 (Apr 29) End of the Latimer Case and Beginning of Trial Procedures

We viewed the rest of the CBC News in Review clip on the Latimer case and then had a look at the issue from the perspective of the CCD (Council for Canadians with Disabilities) and this handout:

THE LATIMER CASE: The Disabled Speak Out
It begins as follows:

In the View of numerous groups representing the interests of disabled Canadians, Robert Latimer’s killing of his daughter was not only murder but a precedent that signalled danger for all disabled people. The public sympathy that was bestowed on him increased their concerns about the public’s attitude toward disabled people.





COURTHOUSE VISIT
Because we are visiting the Superior Court of Ontario on Monday we spent some time looking at how courtrooms operate so that you have a better understanding of what we'll see at the courthouse.

Adversarial System - it's a bit like a game with one winner - the prosecution (The Crown representative of the people of Canada or the country itself) must prove the guilt of the accused.  The interests of one side generally are quite the opposite of the interests of the other side.  To win, the Crown must prove both Actus Reus (wrongful deed) and Mens Rea (criminal intent, or guilty mind) BEYOND a reasonable doubt.

The Judge - ensures a fair trial for the accused.  Judges have full control over the courtroom.  In cases without a jury the judge will decide guilt or innocence.

Crown Attorney - (you will recognize this person as the "District Attorney" or "D.A." in Law and Order or other American legal dramas).  The burden of proof is on the Crown to prove guilt and to ensure that justice is done.

Defence Counsel - represent the accused at trial to ensure that the legal rights of the accused are protected and that a proper defence is provided.

Court Clerk and Court Recorder - the clerk handles the witnesses, swears them in, reads the charges, handles evidence and paperwork when necessary.  The recorder actually records every word spoken in the court.  This is important because we need a record of the trial and evidence might have to be read back at a later time during the trial.

Sheriff - ensures that the accused shows up and he/she can assist the judge.