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Federal Law > Federal Law One > Flashcards

Federal Law One Flashcards

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1
Q

R C A Stands for

A

R - Recognize (is there an offence?)

C - Classify (Summary, Dual, Indictable?)

A - Authority (Do I have the authority to charge?

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2
Q

What is Public Law?

A

Public laws are the rules between individual and society and include:

  • Criminal Law — deals with crime and their punishments.
  • Constitutional Law — Protects human rights and fundamental freedoms
  • Administrative Law — Includes actions and operations of government
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3
Q

What is Private Law?

A
  • Private law (civil law) set the rules between individuals (civil case)
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4
Q

Three types of Laws?

A
  • Common law
  • Statute Law
  • Case Law
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5
Q

What is Common Law?

A
  • Early traditional law
  • Always evolving
  • Helps guide judges from past cases

Example: Search after arrest of a person is not written anywhere but is common law

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6
Q

What is Statute Law?

A
  • Laws enacted by various levels of government (Federal, Provincial and Municipal) It is the written law which sets the rules and define terms. It must be interpreted

Example: Section 128 of the HTA makes it unlawful for someone to drive above the posted speed limit

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7
Q

What is Case Law?

A
  • Case law is made up of the written decisions of judges in court cases and tribunals. Case law comes from all levels of court in Canada

Example: R. v Godoy [1997] 1 S.C.R 311 — Police can enter a dwelling house to protect life when there Is no time to get a warrant

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8
Q

What is Federal Parliament?

A

— Revised Statutes of Canada (RSC) and regulations —

  • Criminal offences
    • Criminal Code
    • Youth Criminal Justice Act
    • Controlled Drugs and Substances Act
    • Canada Evidence Act
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9
Q

What is Provincial Legislature?

A

— Revised Statues of Ontario and regulations —

  • Provincial Offences
    • Provincial Offences Act
    • Child, Youth and Family Services Act
    • Liquor Licence Act and Control Act
    • Tress-pass to Property Act
    • Safe Streets Act
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10
Q

What are Municipal Governments / First Nations Territories

A

— By-Laws / Band By-Laws —

  • By-Laws
    -Fence and line Act
    • Noise
  • Band By-Laws
    • Sec. 85.1 Indian Act
    • Trespassing
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11
Q

Procedural Law

A
  • Instruction manual for police
  • Lays the rules by which the court hears and determines what happens in civil or criminal proceedings

Example: Section 10 of the Charter of Rights which outlines an officers duty arresting someone

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12
Q

Substantive Law

A
  • Instruction manual for the citizens
  • Consists of the rights and duties of each person in society
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13
Q

Section 7 of the Charter of rights and freedoms

A
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14
Q

Section 8 of the charter

A

Unreasonable search and seizure

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15
Q

Section 9 of the charter

A
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16
Q

Section 10 of the charter

A
17
Q

Section 2 of the charter

A
18
Q

Section 3 of the charter

A

Democratic rights
- Every Canadian citizen has the right to vote

19
Q

Section 6 of the charter

A

Mobility rights
- Every Canadian citizen has the right to enter, remain in or leave Canada

20
Q

Section 15 of the charter

A

Equal rights

  • All citizens must be allowed equal protection and benefit of law. There can be no discrimination based on race or ethnic origin
21
Q

Summary Conviction

A
  • Heard in the Ontario court of justice
  • max $5,000 fine and up to 2 years in prison

Example: trespass at night

22
Q

Indictable

A
  • most serious offences (murder, assault)
  • Can be charged years after offence
  • More complex court proceeding
23
Q

Dual / Hybrid

A
  • Can be either summary or indictable
  • Is considered an indictable offence until the crown deems otherwise

Example: Impaired driving , Theft under $500, assault

24
Q

Elements of an offence

TIPP

A

T - Time of date of offence
I - Identity of the accused
P - Place of offence
P - Plus the element of offence

Federal Law (13 decks)

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