Canadian Gov And Law Flashcards
What are customs?
Customs are the traditional way of doing things.
What are human rights?
Human rights are the basic levels of treatment guaranteed by law which will not be denied by the government unless you are found to be breaking the laws of the land or destroying what our society values.
What are freedoms?
Freedoms are the areas where the government will step back and allow its citizens to practice their beliefs freely (unless they break the law with their freedoms)
What are responsibilities?
Responsibilities are obligations of respect and fairness that one must carry out in order to preserve and protect our rights.
What is the Canadian Charter of Rights and Freedoms?
The Canadian Charter of Rights and Freedoms became entrenched (unmovable) in our Canadian Constitution in 1982 by PM Pierre Elliot Trudeau
What is a scapegoat?
A scapegoat is where someone is blamed for problems they did not create
What is Criminal Law?
Criminal law deals with the punishment of people who commit crimes against the public. These include offences such as murder, arson, and theft. These crimes are committed against individuals, but are considered to be crimes against society as a whole.
What are the 2 category’s of criminal law?
Indictable (serious) Minor (summary conviction types of offences)
What is civil law?
Civil law deals with protection of private rights. It is concerned with disputes between individuals or groups. These disputes may take place over contracts, personal relationships, or property. In a civil case, it is up to the injured party to take the case to court
What do Laws come from?
Laws come from our values.
What are the 5 things a police officer must do while making an arrest?
- Have a warrant except under specific circumstances involved when catching someone in the acts of committing a crime 2. Identify themselves as police officers 3. Avoid using any more force than is necessary 4. Tell them why they’re being arrested 5. Inform people that they do not have to make a statement and that if they do, their statements can be used in court-tell people that they have the right to talk to a lawyer
What is Bail?
The amount of money or property officially ‘held by the court until the date of reappearance of the accused at the trial (to ensure that the accused will show up in court)
What are the 3 reasons why someone may be ‘denied bail’?
evidence comes forward that the accused person may 1. Reoffend when released 2. Run and not turn up for their trial 3. Have upset the public to the point where the is a strong public outcry for them to remain in jail (their safety may be jeopardized by and angry mob or the public may feel usually unsafe)
What’s plea bargaining
Plea bargaining is when the accused offers to either give a ‘guilty’ plea (with or without condemning evidence against someone else) in order to gain a lesser charge or sentence. They may be appealing to the crown because it could speed up the trial considerably, save public money and ensure a conviction with punishment–even with a lesser charge
What’s the difference between provincial jail and federal penitentiary
Provincial jails are shorter term holding facilities (between 3 months to 2 years may be sent there) whereas, anyone serving a sentence of 2 years and greater– go to the federal penitentiary
What are the 3 types of penitentiaries
- Minimum security (offenders deemed ‘not dangerous to the public’ if they escape) 2. Medium security (offenders ‘dangerous to the public’ but will likely not try to escape) 3. Maximum security (offenders ‘dangerous to the public’ and ‘will likely try to escape’). The serious offenders will likely be sent to either a medium or maximum security penitentiary– depending upon how they are rated for possible escape attempting
Who decides what level of security the accused may need to serve their secentence
The judge
What are the 3 main purposes of prisons
- Retribution (punishment) 2. Rehabilitation (trying to change the persons behaviour though various education and work programs) 3.deterrence - using the ‘threat’ of going to prison to scare people from commuting future crimes
What’s the difference between young offenders and adult offenders?
Young offenders are anyone under the age of 18 and they are treated with less harshness than an adult (18+)
When can a young person (under 18) be tried in adult court?
A yong person may be tried in adult court if they’ve committed an indictable crime knowingly.
What are Rights and Freedoms? How are they different from eachother
a ‘right’ is a privilege that the government promises to make sure that you get and will step forward and enforce it in law to make sure you get it. A ‘freedom’ is where the government will step out of the way and make sure you can practice something without interference- unless you break the law, then you can lose a freedom privilege.
True of False? This media isn’t allowed to release the names of young offenders.
true
What are the 2 advantages of settling your dispute out of court
- It can save lots if time and money 2. Frees up time is the courts so more cases can be heard
What is a Statement
A statement is the written details of what happened in the crime
