Chapter 3

Question 1

What is statute law ?

Answer 1

The body of principles and rules of law laid down in statutes.

Question 2

What is case law ?

Answer 2

Case law is made up of the written decisions of judges in court cases and tribunals.

Question 3

What is “stare decisis”

Answer 3

“To stand by decided cases”

Precedent

Question 4

What is the rule of law ?

Answer 4

That there is no higher power then the law, nobody is above the law

Question 5

What does it mean by Canada has a adversarial system ?

Answer 5

It means that if someone commits a crime then it is said to be “the accused” versus “the state/Crown”

Question 6

What are some powers that the federal government has ?

Answer 6

• Determines criminal law and available sentences
• Operates federal correctional institutions
• National Parole Board (ON and QC have their own Prov. Parole board for sentences less then 2 years )
• RCMP ( Can also be hired to act as municipal police force

Question 7

What are some powers that the provincial government has?

Answer 7

• Prosecutes criminal offences
• Quasi-criminal offences
• Provincial police forces and oversee municipal police force ( ON, QC and Newfoundland and Labrador have own prov. police force)
• Provincial correctional facilities
• Parole boards in some provinces ( Ontario and Quebec)

Question 8

What are some powers that the municipal government has?

Answer 8

• Bylaws

- Operate municipal police forces

Question 9

What is a “reference question” in law ?

Answer 9

A legal question asked to the courts.
Example : “ If this certain crime happens and this and that happens too what would the outcome be?”

Usually seen in BCSC court or higher

Question 10

What is the hierarchy of courts?

Answer 10

1. Supreme Court of Canada
2. Provincial Court of Appeal
3. Superior Court of British Columbia
4. Provincial Court of British Columbia

Question 11

What do the 2 lowest courts have different from the 2 higher courts ?

Answer 11

BCPC has a trial and it is by one judge while the BCSC also has a trial but is decided by 3 - 5 judges.
While the 2 higher courts ( BCCA and SCC) don’t have trials and they are mainly trying to answer a question of law

Question 12

Define what a crime is

Answer 12

A crime is an act or omission prohibited by criminal law.

Omission means “failure to act” , mostly used for civil law

Question 13

What are the 2 elements to a crime ?

Answer 13

1. Actus reus : That the event or state of affairs was caused by the accused.
2. Mens rea : The state of mind of the accused.

Question 14

What is the automatism defence ?

Answer 14

A state of impaired consciousness in which an individual, though capable of action, has no voluntary control over the action.

Question 15

What are the 4 categories of automatism ?

Answer 15

1. “Normal” conditions
2. An external trauma
3. Involuntarily induced intoxication
4. Self-induced intoxication

Question 16

What does NCRMD stand for ?

Answer 16

Not Criminally Responsible on Account of Mental Disorder

Question 17

What must be proven to make a NCRMD case valid?

Answer 17

1. There was a disease of mind at the time of the offence AND
2. a) The accused could not appreciate the nature and quality of the act OR
   b) The accused could not know that the act was wrong ( Morally wrong )

Question 18

What is necessity ?

Answer 18

Where it is naturally caused and one must break the law to avoid some greater evil.

Question 19

What is duress ?

Answer 19

Where it is caused by a individual and one must break the law to avoid some greater evil.

Question 20

What do necessity/duress cases need to have to be considered valid ?

Answer 20

There must be :

1. Imminent peril or danger
2. No other reasonable alternative
3. Proportionality ( Speed, pass red lights to get to hospital is proportionate but running over someone and killing them to get to the hospital… not so much)

Question 21

What is the “air of reality test”

Answer 21

There needs to be a basis/grounds why a certain defense was raised, can not be a random defense raised.

Question 22

What is self defense ?

Answer 22

The actions of the accused are a justified response to the provocative behaviour of the victim.

Question 23

What are the required things that are needed to make a self defense case valid ?

Answer 23

1. Accused must have a reasonable belief they are in danger of death or greater harm
2. Threat must be imminent
3. They must believe force is necessary to protect themselves.
4. They can use no greater force than what is necessary (proportionate)

Question 24

What is the battered woman syndrome ?

Answer 24

It is not a defense, it is the admission of expert evidence in court to explain the use of self-defense for victims of intimate partner violence.

Question 25

What is “learned helplessness” ?

Answer 25

Learned helplessness is behavior that occurs when the subject endures repeatedly painful punishment which it is unable to escape from or avoid. After such experiences, the organism often fails to learn or accept “escape” or “avoidance” in new situations where such behavior is likely to be effective

Question 26

What is the “Walker’s cycle of violence” ?

Answer 26

Starts with “abuse” and then proceeds to “contrite/forgiveness” which then proceeds to “tension building” and the circle starts over again at “abuse”

Question 27

What is “criminology” ?

Answer 27

The study of crime and criminal behaviour, defined by reference to criminal law.

Question 28

What is “criminal law” ?

Answer 28

entire set of principles, procedures and rules made by the gov’t through the
court and criminal legislation to ensure public safety. Includes definitions of crimes, criminal
responsibility, punishments and defences to criminal charge

Question 29

What is “prohibition” ?

Answer 29

law forbidding a specific act