FINAL - Courts 2

Question 1

the Charter

Answer 1

April 17, 1982
fair trial, due process, freedom from cruel/unusual punishment

Question 2

charter: sections

Answer 2

7: individual rights
8: right to a reasonable expectation of privacy
9: protection from arbitrary detainment
10: rights while detained (habeus corpus)
11: rights when charged
12: stipulates from punishment
13: protection from self-incrimination
14: right to interpreter
15: equality rights
24: remedies for rights violations

Question 3

nature of crime

Answer 3

actions that are harmful, prohibited, can be formally prosecuted, and are punishable

Question 4

corpus delecti

Answer 4

“body of crime”
must prove: legality, mens rea, actus reus, concurrence of mens and actus, harm, causation, punishment

Question 5

excuse defense

Answer 5

age, mental disorder, automatism, mistake, fact or law

Question 6

justification defense

Answer 6

duress, necessity, self-defense, provocation, entrapment

Question 7

summary conviction

Answer 7

max punishment: 6 months, $2k fine

Question 8

indictable offense

Answer 8

less serious: absolute jurisdiction
more serious: supreme court exclusive, max of life in prison

Question 9

electable offence

Answer 9

hybrid: the judge chooses how to approach case