Courtroom Procedures Flashcards
What are admin penalties? (2 mark answer)
- An alternative enforcement method to criminal prosecution.
- Reflects civil process rather than a criminal process.
- Allows governments to establish and enforce standards of behaviour.
Name two other jurisdictions that use admin penalties
Alberta (Environmental)
Manitoba (Workplace Health & Safety)
BC (West Coast Salmon Fisheries)
Saskatchewan (FRMA & EMPA)
Can you lay an admin penalty and a charge
No, one or the other but not both. Double jeopardy.
Define defendant/plaintiff in civil suit
A plaintiff brings a case forward against a defendant.
What factors to determine admin penalties (name three)
- Degree of impact
- Previous knowledge of the violation
- Duration of the offense
- Economic gain or benefit
- Prior convictions
How to initiate civil suit
By filing a “statement of claim” or an action
Name a type of Federal Court aside from criminal
Tax Court
Provincial Court vs Federal types (Name one or two of each)
Provincial = Docket, Youth, Family, Small claims
Federal = Tax, Divorce Court, Child & Family Services
Is mediation involved in pre trial? (There’s two questions like this on the test)
No
Who has authority over civil actions (administration of civil justice)?
The province
Eight steps in the process of a civil lawsuit. List in Order.
- Initiating an Action
- Mandatory Mediation
- Disclosure of Documents
- Examination for Discovery
- Pretrial Conference
- Trial
- Judgement and Enforcement
- Appeals
The Supreme Court of Canada will only hear matters relating to
National concerns
What level of court hears indictable offences?
Court of Kings Bench.
Are there statutory time limits on civil (or environmental) charges?
Yes
Can you be charged and still have to pay an admin penalty (double Jeopardy) under FRMA?
A person shall not be convicted of an offence pursuant to this section respecting
the same act or omission for which a penalty was imposed on the person pursuant
to section 78.
