Canadian Judicial Branch Flashcards

1
Q

What is a right?

A

A statue
An act passed by a governing body
It is a given

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2
Q

What is freedom?

A

An act without unfair interference by an individual or state

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3
Q

The Charter of Rights and Freedom is…

A

a part of Canada’s Constitution

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4
Q

How did the Constitution Act of 1982 benefit Canada?

A

It gave Canada control over its Constitution

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5
Q

When did the Charter become the Supreme Law of Canada?

A

April 17, 1982

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6
Q

What does the Charter describe?

A

Important rights and freedoms for Canadians

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7
Q

What’s the purpose of the charter?

A

To limit the government
Guide Federal and Provincial governments while making laws
Courts are guided as well

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8
Q

What does law do?

A

Define our rights and responsibilities.
Protect our Property and Lives

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9
Q

Do we have a right to oppose laws?

A

Yes!!!

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10
Q

What does the Legislature do?

A

Makes laws

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11
Q

What do the police do?

A

Enforce laws

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12
Q

What do courts do?

A

Interpret laws

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13
Q

What do prisons do?

A

Carry out the punishments

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14
Q

What are the 3 different Provincial Court Systems?

A

Superior Court
Lower Court
Appeal Court

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15
Q

What are the differences of the three court systems?

A

Superior: handle serious offences - judge, or judge and jury.

Lower: handle summary ( less serious) - judge or justice of peace

Appeal: cases where the findings lower court – challenge an error of
law.

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16
Q

What’s the Supreme Court of Canada

A

Highest level
challenges existing Canadian laws

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17
Q

When can the Supreme Court decision be changed?

A

A constitutional amendment

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18
Q

What are the two types of law?

A

Civil and Criminal

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19
Q

Types of Civil conflicts

A

Property
Personal Relationships
Contracts

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20
Q

What are examples of personal relationship conflicts?

A

Divorce, Child Custody,

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21
Q

What is the Plaintiff?

A

Person with the problem

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22
Q

Who is the Defendant?

A

One being accused

23
Q

What does Criminal Law used for?

A

Things that affect society

24
Q

Examples where Criminal Law would be applied

A

Murder
Theft
Drug Offences
Assault
Firearms

25
Lawyers representing the Crown are the….
Prosecution
26
What are Principles of Criminal Law
Presumption of innocence (innocent until proven guilty) The criminal act: prosecution must prove that the accused committed a crime under Canadian law.
27
Prosecution must also prove that the accused had Men’s Rea. True or False?
True!
28
What else must the prosecution prove?
That the person had Actus Rea. Guilty act.
29
What must the Judge fine?
A fine Community service Probation Jail
30
If the sentence 2 years or less where do u go?
Provincial prison
31
More than 2 years of sentence where do u go?
Federal prison
32
What is the Canadian penal system based on?
Rehabilitation
33
How many levels of court are there in Manitoba and what are they?
3 Provincial, Queens bench, Court of appeal
34
What does the provincial court deal with? And all cases of _______ go here
Criminal cases Hears applications for bail after charges Hears all Youth Court cases in Manitoba
35
What do Queens Bench do?
Highest trail court for the province Most civil civil claims ( small can also come here) Hears all kinds of cases
36
What is the court of appeal who is in charge? How many judges are there?
Senior and final court in Manitoba Headed by Chief Justice of Manitoba There are 10 judges whom are federally appointed
37
What types of issues does the Appeal court deal with?
Criminal, civil, family, and administrative law issues.
38
Where do people go for Jury Duty?
Queens Bench
39
What does Jury Duty involve?
Hearing criminal cases but can be for civil cases.
40
How many people are judges in court of appeal
10! Federally appointed
41
What is the purpose of the YCJA?
Make the public feel safe And rehabilitate
42
What age group does the YCJA apply to?
12-17
43
The consequences for the YCJA must not be proportionate to their age. True or false?
False 👎🏾🦶🏾
44
Why do we have the YCJA
It treats youth differently from adults because of their level of dependency, maturity, and development.
45
Principals of the YCJA?
Prevent crime Rehabilitate and regenerate young people Subject to meaningful consequences Long term protection of the public
46
What does the YCJA do in practice? Hint: fair and effective________ Repeat offenders…. Sentencing difference? Who is involved?
Establishes a fair and effective use justice system Repeat offenders get punished more severely They give choices or options in sentencing The community, parents, victims are involved in the process
47
What is the purpose of meaningful consequences?
to help youth understand the implications of their actions and fix the harm done to others
48
Name things that youth are expected to do in the youth criminal justice act
Addressing the crime Means something Reinforced Canadian values Fix the harm Respect Involve
49
Most youth are non violent or first time offenders ( true or false)
True!
50
What is the term for more options of consequences other than going to court
Extra judicial measures / alternative sentencing
51
When are offenders, called violent offenders, or repeat offenders?
When someone gets hurt or a risk of someone being hurt
52
When can 14 to 17-year-old be given an adult sentence
When they have committed one of the four serious violent offences Ex: attempted murder, murder, manslaughter, aggravated sexual assault
53
Maximum youth sentence is?
10 years 6 years in custody and 4 years under supervision (probation)
54
Where is violent and repeat offenders trial held?
Youth Court