Criminal Law

Question 1

Criminal offences are viewed as transgressions against who?

Answer 1

The society as a whole - concerns the state itself

Question 2

Criminal offences are prosecute by lawyers known as?

Answer 2

Crown attorneys, Crown prosecutors, or Crown counsel

Question 3

The justice system is used to determine whether a person charged with criminal offenses is guilty, and if they are, what measures should be taken to…

Answer 3

punish, deter, and/or rehabilitate them to protect society from more harm

Question 4

What source gives jurisdiction for criminal law in Canada?

Answer 4

section 91(27) of the Constitution Act, 1867

Question 5

What are the two major sources of criminal law?

Answer 5

statute law & common (case) law

Question 6

What are the 3 types of statute law besides the Criminal Code?

Answer 6

Canada Evidence Act
Controlled Drugs and Substances Act
Youth Criminal Justice Act

Question 7

Define: less serious offences that do not fall under the federal criminal law power; sometimes referred to as “regulatory offences” and deal with the regulation of conduct in the public.

Answer 7

Quasi-criminal offences

Question 8

What are the elements that criminal offenses are composed of?

Answer 8

actus reus - an objective physical element or “guilty act”

mens rea - a subjective mental element or “guilty mind”

Question 9

What are the 3 classifications of criminal offenses?

Answer 9

1. Summary conviction offences
2. Indictable offences
3. Hybrid offences

Question 10

What is the least serious criminal offense in the Criminal Code?

Answer 10

Summary Convictions

Question 10

What is the most serious offense in the Criminal Code?

Answer 10

Indictable offenses

Question 10

In general, what is the limitation period for summary convictions?

Answer 10

6 months

Question 11

What is the limitation person for indictable offences?

Answer 11

There is no limitation period - people can be charged at any time

Question 12

What is the highest form of punishment for an indictable offence?

Answer 12

life in prison

Question 13

How are hybrid offenses prosecuted?

Answer 13

The Crown attorney has the option to prosecute as a summary conviction OR indictable conviction

Question 14

What are the 3 levels of police forces in Canada?

Answer 14

Federal (RCMP)
Provincial
Municipal

Question 15

What are police powers to investigate crime limited by?

Answer 15

Criminal Code
Common law
Charter

Question 16

What can happen to evidence if police fail to abide by the law?

Answer 16

May result in the exclusion of evidence under section 24 of the Charter

Question 17

What legislation/statute sets rules for police to detain and arrest?

Answer 17

Charter section 10
Criminal Code section 29(2)(b)

Question 18

What must be determined in order for a statement from the accused to be considered admissible?

Answer 18

It must be determined to have been given voluntarily

Question 19

The case of R v Stinchcombe highlighted the importance of what?

Answer 19

Fair procedure, having evidence heard

Question 20

What does the police need to legally conduct a search?

Answer 20

A search warrant, issued by a justice of the peace or a provincial court judge

Question 21

What elements are in a pre-trial procedure?

Answer 21

• appearance notice
• summons
• or warrant for arrest

Question 22

The following ae types of what?
Gladue courts, Domestic Violence Court, Toronto Metal Heath Court, Drug Treatment Courts

Answer 22

Specialized courts

Question 23

What is the formal name for bail?

Answer 23

Judicial interim release

Question 24

When should the accused and their lawyer consider matters regarding disclosure; pre-trial hearing conference; pleading; plea bargains; mode of trial; preliminary inquiry; whether the accused will testify

Answer 24

Before the trial begins (pre-trial)

Question 25

During the trial, what is the difference between an *information* and an *indictment*?

Answer 25

Both are documents describing the offenses with which the accused is charged; * information - in *Provincial* Court * indictment - in *superior* court

Question 26

What is the arraignment in a trial?

Answer 26

The court is read the offenses, then the accused is asked how they plead (guilty or not guilty)

Question 27

Where can criminal defenses be found?

Answer 27

In the *Criminal Code*

Question 28

What are some examples of defenses?

Answer 28

* self defense * consent * provocation * duress * mental disorder * intoxication * necessity * mistake of fact * mistake of law etc.

Question 29

What is the punishment imposed by a trial judge on someone found guilty of a criminal offense called?

Answer 29

A sentence

Question 30

What are the main purposes and objectives of sentencing in criminal law?

Answer 30

* to punish * to deter others * to rehabilitate * to provide reparations to victims * to keep public safe

Question 31

What are some types of sentences that can be implemented?

Answer 31

* absolute or conditional discharge * fines * suspended sentencing and probation * imprisonment

Question 32

What age does the *Youth Criminal Justice Act* apply to?

Answer 32

Young persons 12-17

Question 33

What is an example of an extrajudicial measure officers are required to consider before beginning judicial proceedings for youth?

Answer 33

A warning or referral to community program

Question 34

How much higher is the incarceration rate for Indigenous adults compared to non-Indigenous adults?

Answer 34

as much as 10 times higher