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SOC 327 > Chapter 2: The Canadian Charter > Flashcards

Chapter 2: The Canadian Charter Flashcards

1
Q

what is based on stare decisis?

A

Case law

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2
Q

the right of privacy has been extended to …

A

Computers and cell phones

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3
Q

what is the stinchcomb rule?

A

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)

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4
Q

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

A

B

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5
Q

what is the relevance of the constitution act/

A

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

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6
Q

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

A

Case law (common law)

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7
Q

what are the exceptions to arresting without a warrant?

A
  • 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”
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8
Q

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

A

False. ONLY federal through parliament

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9
Q

what is investigative detention?

A

deals with detaining someone

  • gather info to determine if arrest is warranted -> only searching for self-protection
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10
Q

______ are codified laws that prohibit or mandate certain acts

A

statute law

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11
Q

Criminal law is not absolute.

A

True. Cannot violate Charter

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12
Q

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

A

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

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13
Q

which of the 4 remedies of judges are rare occurances

A
  • payment of damages
  • reducing sentences
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14
Q

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

A

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

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15
Q

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

A

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).

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16
Q

what does stare decisis mean?

A

to stand by what has already been decided

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17
Q

what is the proper term for Bail?

A

Judicial interim release

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18
Q

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

A

true

19
Q

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

A

R v. Jordan

20
Q

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

A

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
21
Q

the cross examination of sexual assault victims has been restricted

A

True

22
Q

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

A

False

23
Q

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

A

Common law

24
Q

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

A

True

25
Q

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

A

B

26
Q

Police do not have the authority to detain and invistigate

A

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

27
Q

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

A

the Criminal Code

28
Q

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

A

True

29
Q

what are the provinces and territories responsible for?

A

Administering justice - policing - courts - correctional services

30
Q

Ancillary powers are an example of what law?

A

Common law

31
Q

Provide some situations where warrants rnt required

A
  • 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
32
Q

legislative law is also called…

A

Statute law

33
Q

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

A
  • exclude evidence
  • staying proceedings
  • reducing sentences
  • ordering payment of damages
34
Q

the constitution takes precedence over statute law. T or F

A

True

35
Q

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

A

True

36
Q

diminished moral blameworthiness is applied to which individuals in society?

A

youth

37
Q

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

A
  • 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
38
Q

what is double jepordy?

A

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

39
Q

what are a persons rights on detention or arrest?

A
  • 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
40
Q

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

A

Vancouver V Ward

41
Q

defendants in a criminal case are entitled to ?

A

disclosure - of the case against them

42
Q

who enacts quasi-criminal laws?

A

Priovinces

43
Q

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

A

No. Typically by summons or appearance notice

44
Q

what are the 3 sources of criminal law?

A
  • Constitution act
  • statute law
  • common law

SOC 327 (17 decks)

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