Criminal Justice System

Question 1

Charter of Rights and Freedoms

Answer 1

Protects accused from unfair treatment by the government or government agents

Question 2

S.1

Answer 2

Reasonable limit on rights “demonstrably justified in a free and democratic society”
- ride checks for impaired drivers violate s.9 but are a reasonable limit

Question 3

S.7

Answer 3

Right to liberty
- “principle of fundamental justice”
- Common law rights - silence, full answer, defence, disclosure of evidence

Question 4

S.8

Answer 4

Protection from unreasonable search
“everyone has a right to be secure against unreasonable search and seizure”
- only exception is an exigency

Question 5

S.9

Answer 5

Right to not be arbitrarily detained

Question 6

S.10

Answer 6

Rights upon arrest
a. informed of reasons
b. retain counsel
i. informed of free access to legal aid
ii. reasonable opportunity to contact a lawyer
iii. questioning stops until accused speaks with counsel
iv. adults do not have the right to a lawyer, 12-17 do
c. validity of detention determined by Habeas Corpus (legal proof)

Question 7

s.11

Answer 7

Rights when Charged
a. to be informed of offence
b. trial within a reasonable time
d. presumed innocence
e. reasonable bail
f. jury trial
g. no double jeopardy

Question 8

s. 24

Answer 8

(1) an remedy court deems appropriate for a violation of rights
(2) exclusion of evidence gathered in violation of charter rights

Question 9

s.52

Answer 9

laws that violate the charter can be ruled of no force and effect

Question 10

Role of the federal government

Answer 10

• create and amend criminal statutes
• appoint judges to Superior Court of Justice, Ontario Appeal, Supreme Court
• employ and supervise prosecutors, RCMP, CSIS, CBSA
• operate penitentiaries

Question 11

Role of the provincial government

Answer 11

• create quasi-criminal charges
• appoint judges to Ontario Court of Justice
• Employ provincial prosecutors and supervise provincial and municipal police
• operate provincial jails

Question 12

Role of the municipal government

Answer 12

• create by-laws
• employ by-law officers and municipal lawyers
• pay for municipal police services

Question 13

Types of federal offences

Answer 13

• indictable - more serious, extra protections including right to jury
• summary - lower sentence range, all trials in Ontario Court of Justice no jury
• Hybrid - indictable or summary, prosecutor chooses

Question 14

Indictable offences

Answer 14

Can choose:
- Judge alone in Ontario Court of justice or Superior Court
- Judge and Jury in superior court

Question 15

Provincial offences and municipal by-laws

Answer 15

• all summary
• no choice of court - Ontario Court of Justice

Question 16

Actus Rea

Answer 16

the prohibited act

Question 17

Mens rea

Answer 17

intention, only has to be proven if the charge uses language like ‘intentionally’