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Fredericton Courthouse / A Typical Canadian Courtroom / Federal Court of Canada / Preparing Children to be a Witness
The Fredericton Police Force Court Section duties are handled by two sworn members of the Force. These officers coordinate charge files as they work their way through the court process.
The wide array of duties includes:
- Laying information and processing of all Fredericton Police Force charge files
- Processing of all tickets where a voluntary fine was not paid
- Physical attendance in the courtrooms
- Coordinating the preparation of summonses and subpoenas for accused persons and witnesses in order to assure attendance in court at the set court date.
- Coordinating the attendance of Fredericton Police Officers required to give courtroom testimony
- Provide courtroom security as required
- Coordination of in-custody individuals. Assure duty counsel attendance and liaison with Crown Counsel
- Answer inter-agency requests for charge related information
- Physically serve summonses and subpoenas as directed by the courts as well as those originating in other jurisdictions
- Act as liaison between the Fredericton Police Force, Provincial Crown Council, parole, probation and Provincial Judges
The Fredericton courthouse is located at 453 Queen St. in the City of Fredericton. The courts are comprised of two provincial courtrooms located on the lower level of the Justice Bldg., the Court of Queens bench, family Division, located on the second level, the Court of Queens Bench, Trial Division, located on the second level and the Court of Queens Bench, Appeal Division, located on the third level.
Many people that attend court, as a victim, witness or an accused are doing so for the very first time. The Fredericton Police Force understands that this is a very intimidating process and this web site has been constructed to enlighten the public on some of the procedures. Please note that the Victim/Wtiness Supprt of the Fredericton Police Force will assist Victims and Witnesses in all aspects of the judicial process.
A Typical Canadian Courtroom
The Magistrate
The Magistrate decides whether you are guilty or not guilty. (Accept in cases of Judge and Jury trial). If the accused pleads guilty or is found guilty, the Magistrate will decide what the penalty will be.
The public
Most cases heard in the Local Court are open to the public. Victim/witnesses are encouraged to bring friends or family for support.
Canada's Court System
Ubi Jus, Ibi Remedium
"Where there is a right, there is a remedy"
When there is a dispute between individuals, or between an individual and the state, either side may go to court to have his or her rights upheld and the dispute settled under the law. However, "going to court" presupposes many things. First of all, there must be a dependable system of laws. In Canada, our system of private law (governing disputes between individuals) and public law (concerning matters that affect society as a whole) is founded on two ancient and very different forms of justice: English common law and French civil law. Over the centuries, these two systems have been found to be both flexible and durable. As well, there must be courts to go to: places that are set aside for the hearing of cases, lawyers to plead the facts and law, and judges to weigh the evidence, determine the outcome, and, if necessary, pronounce the sentence.
For the laws of Canada, see http://canada.justice.gc.ca.
The highest court in the land is the Supreme Court of Canada. It is the general court of appeal from all other Canadian courts, civil, criminal and constitutional. It is thus an important institution of Canadian unity. At the top of all federal, provincial and territorial court structures, it melds them into a single national system.
The Federal Court of Canada is organized into appeal and trial divisions and, while it is based in Ottawa, the judges of both divisions may sit across the country. The court reviews the disputed decisions of federal boards, commissions and tribunals. The Federal Court's jurisdiction also includes interprovincial and federal-provincial disputes, intellectual property proceedings, admiralty matters, citizenship appeals, and appeals under certain federal statutes. The Federal Court shares jurisdiction with the provincial superior courts with respect to claims by and against the Crown. Judges of the Federal Court may also act as Umpires under the Unemployment Insurance Act, and as Assessors under certain acts affecting Canadian agriculture.
Preparing Children to be a Witness
Unfortunately, our children are all too often victims of crime. The Canadian system of jurisprudence has said that an accused has the right to face his/her accuser and therefore in most cases children who are victims or witnesses are required to give evidence in a court of law. The Fredericton Police Force has constructed this page to help children prepare for courtroom testimony. The police officer in charge of the case and the Victim/Witness advocate will also assist victims and/or witnesses of any age.
What is court anyway?
Court is where a judge decides whether someone may have broken the law and what should be done about it. The person who is accused of breaking the law is the defendant.
Why do I have to go to court?
You will go to court to tell what you know about someone who is accused of breaking a law and hurting someone. It is a crime to break the law and hurt someone. You may have seen the crime or know something about it. That makes you a witness, and a witness' job is to testify in court about the truth of what happened.
You may be the person who was hurt by the crime, so you are a very important witness. People at the courthouse will thank you for coming to court to tell what happened to you and helping to make children safer.
How will I know what to do or say?
You already told the police about what you know. What you said was very important, and now it is time for the police and you to tell a judge in court about it. Before you testify, you and your mom or dad will get to see the courtroom and meet people who will help you on the day you testify.
That is when you can ask questions.
One person will be your Victim/Witness Advocate who will explain about going to court and answer your questions. He/she knows you are probably a little scared, and will stay with you the whole time.
The Crown Prosecutor will ask you and the police questions in court so that the judge learns what happened during the crime and is sure that the police accused the right person. By answering questions, you will tell what happened. Remember, your job is to tell the truth.
What if I don't know the answer to a question?
That's OK. Say that you don't know. Don't guess. Think about your answer before you give it. Remember, the truth is the right answer.
If you don't remember how something happened, say "I don't remember."
If you don't understand a question, say "I don't understand the question."
If you are asked if something happened, and you know that did not happen, then say so.
Do I have to talk in front of the defendant?
The defendant must be there to hear what all the witnesses say about him. He won't ask the questions or talk to you. The lawyer for the defendant is called the defense attorney and will ask you questions after the Crown Prosecutor does. Answer the defense attorney's questions carefully and truthfully.
Who will be with me?
Of course your mom or dad or friends or other people who you like to have with you when you are scared can be at the courthouse with you. They can be inside the courtroom with you unless they are witnesses too. (Witnesses testify one at a time and sometimes wait outside the courtroom for their turn.) When we meet with you ahead of time, we will figure out who can be inside the courtroom and who gets to be there outside the courtroom ready to give you a hug after you testify. You and everybody else will be proud that you came and told the truth. Your Victim/Witness Advocate and the Crown Prosecutor will be with you too.
How long will I be there?
Testifying does not take long. Most of the time you will just be waiting for your turn to testify. You and your family and friends will be given a nice place to wait.
What should I wear?
Wear something comfortable and nice-looking.
Court Staff
Cst. Dave Theede
Cst. Ken Cook
