Fed Law 1

Question 1

Definition of the law

Answer 1

Set of rules of conduct that protect everyone’s rights and that govern society

Question 2

How are laws made?

Answer 2

Made by the government, enforced by the courts

Question 3

What does RCA stand for?

Answer 3

Recognize: what has occurred
Classify: the events in law
Authority: apply the appropriate law

Question 4

Public vs private law

Answer 4

Public law: rules between individual and society (criminal)
Private law: rules between individuals (civil)

Question 5

3 sources of law

Answer 5

Common law
Statute law
Case law

Question 6

What is common law

Answer 6

Early traditional law
System of rules
Cannot be found in any code or body of legislation
Example: investigative detention or duty of a police officer under the PSA

Question 7

What is statute law

Answer 7

Enacted by various levels of government
Written law
Example: s.266 of the CC (federal)

Question 8

What is case law

Answer 8

Written decisions of judges
Comes from all levels of courts in Canada
Example: R.v. Feeny

Question 9

Where does statute law come from

Answer 9

Federal Parliament
Provincial Legislature
Municipal Government/First Nation Territories

Question 10

2 types of Statutes/Legsiation

Answer 10

Procedural and substantive law

Question 11

What is procedural law

Answer 11

Instruction manual for police
Federal: CC, Charter, YCJA, CEA
Provincial: POA
Example: s.10 of the Charter outlines an officer’s duty upon arresting someone

Question 12

What is substantive law

Answer 12

Instruction manual for citizens
Rights and duties of the public
Federal: CC and CDSA
Provincial: HTA, LLA, TPA, MHA
Example: s.266 of the CC

Question 13

Are rights and freedoms absolute

Answer 13

NO
s.1 of the Charter indicates “only to such reasonable limits”
Example: RIDE

Question 14

s.7 of the Charter

Answer 14

life, liberty and security of a person

Question 15

s.8 of the Charter

Answer 15

search or seizure

Question 16

s.9 of the Charter

Answer 16

detention or imprisonment

Question 17

s.10 of the Charter

Answer 17

arrest or detention
(a) informed of reasons
(b) retain and instruct counsel
(c) validity of detention

Question 18

s.2 of the Charter

Answer 18

fundamental freedoms

Question 19

s.3 of the Charter

Answer 19

democratic rights (right to vote)

Question 20

s.6 of the Charter

Answer 20

mobility rights (enter, remain or leave Canada)

Question 21

s.15 of the Charter

Answer 21

equal rights (equal protection and benefit of law)
no discrimination

Question 22

s.1 of the Charter

Answer 22

fundamental freedoms can be limited
must be balanced

Question 23

Levels of court

Answer 23

POA Court
Ontario Court of Justice
Superior Court of Justice
Divisional Court
Fed Court of Canada
Ontario Court of Appeal
SCC

Question 24

3 types of offences

Answer 24

Indictable
Summary
Dual/Hybrid

Question 25

Summary conviction

Answer 25

Heard in OCJ No more than $5k or 2 years less a day in jail or both Cannot be fingerprinted Example: cause disturbance

Question 26

Indictable offence

Answer 26

14 years or more Example: murder

Question 27

Dual/Hybrid Offence

Answer 27

Can be tried by summary or indictable Crown elected mode of prosecution Elect as indictable for a police officer example: assault

Question 28

What are facts in issue

Answer 28

T: time and place I: identify if accused P: place of offence P:plus elements of offence

Question 29

What is an information

Answer 29

Formal sworn court document that names accuse persons and outlines charges against that person Must be sworn by JP in order to lay charge