Chapter 2: The Canadian Charter

Question 1

what is based on stare decisis?

Answer 1

Case law

Question 2

the right of privacy has been extended to …

Answer 2

Computers and cell phones

Question 3

what is the stinchcomb rule?

Answer 3

crown prosecutors must disclose all details of case to the defence (but this is not absolute!) NOTE: the defence does not have similar obligation - exculpatory (innocence) and inculpatory (points to guilt)

Question 4

what is considered the absolute law in canada? A) Quasi-criminal law B) the Constitution C) Legislative law D) Case law E) the supreme court

Answer 4

B

Question 5

what is the relevance of the constitution act/

Answer 5

lays out the fundamental principles that govern how laws are enacted in Canada; also how laws are to be applied by the courts

Question 6

____ deals with things that rnt covered in legislation. Also attempts to sort ambiguity

Answer 6

Case law (common law)

Question 7

what are the exceptions to arresting without a warrant?

Answer 7

• catching someone in the act of committing an offense
• if someone is committing or has committed an indictable offence
• If on reasonable grounds that person will NOT appear in court -> “necessary in the public interest”

Question 8

all levels of government at the federal and provincial level are responsible for enacting criminal law

Answer 8

False. ONLY federal through parliament

Question 9

what is investigative detention?

Answer 9

deals with detaining someone

• gather info to determine if arrest is warranted -> only searching for self-protection

Question 10

______ are codified laws that prohibit or mandate certain acts

Answer 10

statute law

Question 11

Criminal law is not absolute.

Answer 11

True. Cannot violate Charter

Question 12

police have the right to detain, question, and search a suspect for investigative purposes before making an arrest. T or F. Explain

Answer 12

True. warranted if police believe in a connection b/w that person and a recent or on going criminal offence

Question 13

which of the 4 remedies of judges are rare occurances

Answer 13

• payment of damages
• reducing sentences

Question 14

what is a rape shield law. what is controversial about it?

Answer 14

for sexual assault cases, a victims prior sexual history is deemed not relevant. Problem is that this is NOT absolute

Question 15

the courts may allow ‘vulnerable’ victims/witnesses in criminal justice proceedings but will ensure …

Answer 15

ensure the testimony of the vulnerable is as accurate and reliable as possible by taking measures to protect them (i.e. having a child in a separate room testify).

Question 16

what does stare decisis mean?

Answer 16

to stand by what has already been decided

Question 17

what is the proper term for Bail?

Answer 17

Judicial interim release

Question 18

the Traffic safety act would be considered a quasi-criminal law.

Answer 18

true

Question 19

what was the SCC case that made law what resonable time is

Answer 19

R v. Jordan

Question 20

discuss all the rights of citizens regarding the charter and the police

Answer 20

Right to be: - secure against unreasonable search or seizure

• arbitrarily detained or imprisoned
• rights on arrest or detention
• rights upon being charged
• not to be subjected to cruel or unusual punishment
• equality -> right to equal protection and benefit of law

Question 21

the cross examination of sexual assault victims has been restricted

Answer 21

True

Question 22

if one is acquitted on final analysis, they can still be subject to be fined or charged again.

Answer 22

False

Question 23

Police authority, arrest, search and seizure is part of what source of criminal law?

Answer 23

Common law

Question 24

with regards to rights upon being charged, the crown cannot share privileged info about witnesses.

Answer 24

True

Question 25

when we have a reasonable expectation of privacy, police required to get a A) Warning B) Warrant C) reason to search D) court order

Answer 25

B

Question 26

Police do not have the authority to detain and invistigate

Answer 26

False. its defined as police believe connection b/w that person and a recent or ongoing criminal offense

Question 27

since victims rights have not been addressing in the charter, the SCC has recognized several important measures in the ______ to facilitate victim participation in the criminal justice project

Answer 27

the Criminal Code

Question 28

if police pulls someone over and smells pot, they can search and seize

Answer 28

True

Question 29

what are the provinces and territories responsible for?

Answer 29

Administering justice - policing - courts - correctional services

Question 30

Ancillary powers are an example of what law?

Answer 30

Common law

Question 31

Provide some situations where warrants rnt required

Answer 31

- concent given or emergency situation - detention or making arrest - \> officer searching for own protection or to prevent destruction of evidence - doctrine of plain view - so long as arrest is legal search is legal

Question 32

legislative law is also called...

Answer 32

Statute law

Question 33

what are the remedies of judges for cases that infracted on an individuals charter rights?

Answer 33

- exclude evidence - staying proceedings - reducing sentences - ordering payment of damages

Question 34

the constitution takes precedence over statute law. T or F

Answer 34

True

Question 35

Evidence against the charter is allowed if gathering the evidence was not intentionally breeched and if the evidence is considered reliable

Answer 35

True

Question 36

diminished moral blameworthiness is applied to which individuals in society?

Answer 36

youth

Question 37

what is the long list of rights upon being charged? (9 things)

Answer 37

- informed of specific offense - tried within resonable time - not to be compelled by witness - presumed innocent until proven guilty - not to be denied resonable bail without just cause - to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more - not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under law (double jeopardy) - if finally acquitted of the offence, not to be tried for it again - to the benefit of the lesser punishment

Question 38

what is double jepordy?

Answer 38

not to be tried or punished for a crime again. (for appeals cases this doesnt violate double jepordy)

Question 39

what are a persons rights on detention or arrest?

Answer 39

- right to remain silent - right to be informed promptly on reason for attest or detention - to retain and instruct counsel without delay and to be informed of that right (\*Legal Aid is Discretionary\*) - validity of detention by way of habeas corpus

Question 40

what case used in class is an example of payment of damages to the accused

Answer 40

Vancouver V Ward

Question 41

defendants in a criminal case are entitled to ?

Answer 41

disclosure - of the case against them

Question 42

who enacts quasi-criminal laws?

Answer 42

Priovinces

Question 43

how to ppl typically show up in court? by being arrested ?

Answer 43

No. Typically by summons or appearance notice

Question 44

what are the 3 sources of criminal law?

Answer 44

- Constitution act - statute law - common law