Ch. 5 - Structure of Criminal Law

Question 1

What is substantiative criminal law?

Answer 1

Laws that prohibit undesirable conduct and that prescribes punishment for specific offences.

Question 2

What is procedural criminal law?

Answer 2

Law that provides direction on how to proceed within the criminal justice system.

Question 3

What type(s) of law does the criminal code include?

Answer 3

Both substantiative and procedural criminal law.

Question 4

What are the sources of criminal law?

Answer 4

The Constitution Act, statute law, and common (case) law.

Question 5

Other than the constitution act, what did the Charter introduce?

Answer 5

The fundamental principles that govern the enactment of law and the application of law by the courts.

Question 6

Which tier of government has the ability to enact criminal law?

Answer 6

The federal government.

Question 7

What are the provinces and territories responsible for?

Answer 7

Running the court system and enacting police acts for their own administration.

Question 8

Which document has the highest authority in criminal law?

Answer 8

The Charter.

Question 9

What is statute law?

Answer 9

AKA legislative law; these codified laws prohibit or mandate certain acts.

Question 10

What is common law?

Answer 10

AKA case law or judicial precedent; refers to previously decided cases or precedents.

Question 11

What is stare decisis?

Answer 11

“To stand by what has already been decided”

Question 12

What is rule of law?

Answer 12

A legal maxim that ensures that laws are created administered and enforced on the basis of acceptable procedures that promote fairness and equality.

Question 13

What are 5 ideals for laws and their creation?

Answer 13

Laws should be:
- proactive
- stable
- have clear procedures for creation. 
There should be:
- independence of the judiciary
- an observation of the principles of natural justice.

Question 14

What are the categories of crime?

Answer 14

Summary, indictable, and hybrid.

Question 15

What are summary offences?

Answer 15

Less serious crimes.

Question 16

What are summary offences punishable by?

Answer 16

A maximum incarceration of 6 months and a fine of no more than $5000.

Question 17

What are indictable offences?

Answer 17

More serious crimes.

Question 18

What are indictable offences punishable by?

Answer 18

The penalties vary widely, but the max sentence is life.

Question 19

What are hybrid/mixed offences?

Answer 19

The middle ground between summary and indictable. The crown makes the decision for how to proceed with charges.

Question 20

What are the elements of crime?

Answer 20

Factors that the crown must prove in order to convict: mens rea and actus reus.

Question 21

What is actus reus?

Answer 21

“Guilty act;” refers to the act itself, which must be voluntary for someone to be culpable.

Question 22

What is mens rea?

Answer 22

“Guilty mind;” the intention behind the act. Determines the difference between an accident and a crime.

Question 23

What are two ways that crime may be classified? (Latin)

Answer 23

Mala in se and mala prohibita

Question 24

What is mala in se?

Answer 24

“Wrong in themselves”

Question 25

What is mala prohibita?

Answer 25

“Wrong because they are prohibited by law”

Question 26

What are some examples of the separate devisions of provincial court?

Answer 26

Small claims, family, youth, traffic, criminal, etc.

Question 27

What are the two broad types of courts countrywide?

Answer 27

Fixed and circuit.

Question 28

Where are circuit courts found?

Answer 28

In northern, more remote communities.

Question 29

What percentage of criminal trials are held in criminal courts?

Answer 29

About 90%.

Question 30

Who are provincial judges appointed and paid by?

Answer 30

The provincial government.

Question 31

Where are juries used?

Answer 31

In superior court, NOT provincial court.

Question 32

What is superior court?

Answer 32

The supreme court of the provinces.

Question 33

What does the superior court handle?

Answer 33

The most serious criminal (indictable) offences.

Question 34

Who are superior judges appointed and paid by?

Answer 34

The federal government.

Question 35

When are juries used in superior court?

Answer 35

It depends on the seriousness of the crime.

Question 36

Which province/territory does not have this two-tier system of provincial court system?

Answer 36

Nunavut.

Question 37

What is the provincial court of appeals?

Answer 37

A court that hears appeals form either provincial or superior court.

Question 38

What does federal court deal with?

Answer 38

Legal matters between individuals and the federal government/agencies.

Question 39

What is the supreme court of Canada?

Answer 39

The highest legal authority in the country.

Question 40

What does the supreme court of Canada hear?

Answer 40

Appeals for between 70 and 90 of the most serious cases each year.

Question 41

What does the supreme court of Canada consist of?

Answer 41

9 judges.

Question 42

Other than review lower courts’ decisions, what does the supreme court of Canada do?

Answer 42

The federal government may ask them to review and rule on a matter of constitutional importance.

Question 43

What is it called when the supreme court reviews and rules on a matter of constitutional importance?

Answer 43

Making a reference.

Question 44

What are 2 ideals for the courts?

Answer 44

Courts should have the power of judicial review, and they should be accessible to the public.

Question 45

What is an ideal for law enforcement?

Answer 45

Law enforcement should be exercised in accordance with fixed and predetermined rules.