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Government > Canadian Judicial Branch > Flashcards

Canadian Judicial Branch Flashcards

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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
Q

Lawyers representing the Crown are the….

A

Prosecution

26
Q

What are Principles of Criminal Law

A

Presumption of innocence (innocent until proven guilty)

The criminal act: prosecution must prove that the accused committed a crime under Canadian law.

27
Q

Prosecution must also prove that the accused had Men’s Rea. True or False?

A

True!

28
Q

What else must the prosecution prove?

A

That the person had Actus Rea. Guilty act.

29
Q

What must the Judge fine?

A

A fine
Community service
Probation
Jail

30
Q

If the sentence 2 years or less where do u go?

A

Provincial prison

31
Q

More than 2 years of sentence where do u go?

A

Federal prison

32
Q

What is the Canadian penal system based on?

A

Rehabilitation

33
Q

How many levels of court are there in Manitoba and what are they?

A

3

Provincial,
Queens bench,
Court of appeal

34
Q

What does the provincial court deal with? And all cases of _______ go here

A

Criminal cases

Hears applications for bail after charges

Hears all Youth Court cases in Manitoba

35
Q

What do Queens Bench do?

A

Highest trail court for the province

Most civil civil claims ( small can also come here)

Hears all kinds of cases

36
Q

What is the court of appeal who is in charge?

How many judges are there?

A

Senior and final court in Manitoba

Headed by Chief Justice of Manitoba

There are 10 judges whom are federally appointed

37
Q

What types of issues does the Appeal court deal with?

A

Criminal, civil, family, and administrative law issues.

38
Q

Where do people go for Jury Duty?

A

Queens Bench

39
Q

What does Jury Duty involve?

A

Hearing criminal cases but can be for civil cases.

40
Q

How many people are judges in court of appeal

A

10! Federally appointed

41
Q

What is the purpose of the YCJA?

A

Make the public feel safe
And rehabilitate

42
Q

What age group does the YCJA apply to?

A

12-17

43
Q

The consequences for the YCJA must not be proportionate to their age. True or false?

A

False 👎🏾🦶🏾

44
Q

Why do we have the YCJA

A

It treats youth differently from adults because of their level of dependency, maturity, and development.

45
Q

Principals of the YCJA?

A

Prevent crime

Rehabilitate and regenerate young people

Subject to meaningful consequences

Long term protection of the public

46
Q

What does the YCJA do in practice?
Hint:

fair and effective________

Repeat offenders….

Sentencing difference?

Who is involved?

A

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
Q

What is the purpose of meaningful consequences?

A

to help youth understand the implications of their actions and fix the harm done to others

48
Q

Name things that youth are expected to do in the youth criminal justice act

A

Addressing the crime
Means something
Reinforced Canadian values
Fix the harm
Respect
Involve

49
Q

Most youth are non violent or first time offenders ( true or false)

A

True!

50
Q

What is the term for more options of consequences other than going to court

A

Extra judicial measures / alternative sentencing

51
Q

When are offenders, called violent offenders, or repeat offenders?

A

When someone gets hurt or a risk of someone being hurt

52
Q

When can 14 to 17-year-old be given an adult sentence

A

When they have committed one of the four serious violent offences
Ex: attempted murder, murder, manslaughter, aggravated sexual assault

53
Q

Maximum youth sentence is?

A

10 years
6 years in custody and 4 years under supervision (probation)

54
Q

Where is violent and repeat offenders trial held?

A

Youth Court

Government (5 decks)

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