Canadian Judicial Branch Flashcards
What is a right?
A statue
An act passed by a governing body
It is a given
What is freedom?
An act without unfair interference by an individual or state
The Charter of Rights and Freedom is…
a part of Canada’s Constitution
How did the Constitution Act of 1982 benefit Canada?
It gave Canada control over its Constitution
When did the Charter become the Supreme Law of Canada?
April 17, 1982
What does the Charter describe?
Important rights and freedoms for Canadians
What’s the purpose of the charter?
To limit the government
Guide Federal and Provincial governments while making laws
Courts are guided as well
What does law do?
Define our rights and responsibilities.
Protect our Property and Lives
Do we have a right to oppose laws?
Yes!!!
What does the Legislature do?
Makes laws
What do the police do?
Enforce laws
What do courts do?
Interpret laws
What do prisons do?
Carry out the punishments
What are the 3 different Provincial Court Systems?
Superior Court
Lower Court
Appeal Court
What are the differences of the three court systems?
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.
What’s the Supreme Court of Canada
Highest level
challenges existing Canadian laws
When can the Supreme Court decision be changed?
A constitutional amendment
What are the two types of law?
Civil and Criminal
Types of Civil conflicts
Property
Personal Relationships
Contracts
What are examples of personal relationship conflicts?
Divorce, Child Custody,
What is the Plaintiff?
Person with the problem
Who is the Defendant?
One being accused
What does Criminal Law used for?
Things that affect society
Examples where Criminal Law would be applied
Murder
Theft
Drug Offences
Assault
Firearms
Lawyers representing the Crown are the….
Prosecution
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.
Prosecution must also prove that the accused had Men’s Rea. True or False?
True!
What else must the prosecution prove?
That the person had Actus Rea. Guilty act.
What must the Judge fine?
A fine
Community service
Probation
Jail
If the sentence 2 years or less where do u go?
Provincial prison
More than 2 years of sentence where do u go?
Federal prison
What is the Canadian penal system based on?
Rehabilitation
How many levels of court are there in Manitoba and what are they?
3
Provincial,
Queens bench,
Court of appeal
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
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
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
What types of issues does the Appeal court deal with?
Criminal, civil, family, and administrative law issues.
Where do people go for Jury Duty?
Queens Bench
What does Jury Duty involve?
Hearing criminal cases but can be for civil cases.
How many people are judges in court of appeal
10! Federally appointed
What is the purpose of the YCJA?
Make the public feel safe
And rehabilitate
What age group does the YCJA apply to?
12-17
The consequences for the YCJA must not be proportionate to their age. True or false?
False 👎🏾🦶🏾
Why do we have the YCJA
It treats youth differently from adults because of their level of dependency, maturity, and development.
Principals of the YCJA?
Prevent crime
Rehabilitate and regenerate young people
Subject to meaningful consequences
Long term protection of the public
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
What is the purpose of meaningful consequences?
to help youth understand the implications of their actions and fix the harm done to others
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
Most youth are non violent or first time offenders ( true or false)
True!
What is the term for more options of consequences other than going to court
Extra judicial measures / alternative sentencing
When are offenders, called violent offenders, or repeat offenders?
When someone gets hurt or a risk of someone being hurt
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
Maximum youth sentence is?
10 years
6 years in custody and 4 years under supervision (probation)
Where is violent and repeat offenders trial held?
Youth Court
