Module 5 pt.2

Question 1

What is Section 8 of the Charter guarantee?

Answer 1

It guarantees the right to security against unreasonable search and seizure

Question 2

What is “Reasonable Expectation of Privacy” REP

Answer 2

When an invasion by a state actor into a persons private life constitutes a search or seizure

Question 3

What are the two factors that justify searches

Answer 3

Warrents = authorization from a judge

Probable grounds = to do a search you need proof and credible evidence that its necessary

Question 4

What is the ex-ante vs ex-post analysis

Answer 4

The court has to consider the Reasonable expectation of privacy from a neutral perspective
eg. the court held that the people have a REP in hotel rooms regardless of their activity inside

Question 5

When can a persons REP be reduced or lost

Answer 5

if they expose personal information to the public

Question 6

What are Statutory powers police have

Answer 6

Police are granted specific search and seizure powers under various laws

Question 7

What does “search incident to arrest” mean

Answer 7

when the police can search an arrested person and their immediate surroundings

Question 8

What is a safety search

Answer 8

police can search a person for safety reasons

Question 9

What are the 3 common law powers for searches

Answer 9

Search incident to arrest
Safety Search
Canine sniff search

Question 10

What is considered the “biographical core” of personal information?

Answer 10

Information that reveals intimate details about a persons life

Question 11

Which type of search can be conducted without a warrant and probable grounds

Answer 11

canine sniff search

Question 12

What are Remedies

Answer 12

Legal means to address a wrong violation

Question 13

What is the “Exclusionary rule?”

Answer 13

a rule that prohibits the use of illegally obtained evidence in court

Question 14

What does section 24-1 of the charter allow individuals to do

Answer 14

It allows individuals whose charter rights have been infringed to apply to a court for appropriate remedies

Question 15

What is a court that has the authority to hear a particular case

Answer 15

Court of competent jurisdiction

Question 16

What is a “Stay of Proceedings”

Answer 16

A court order that permanently ends a criminal prosecution without a finding of guilt

Question 17

What are Cost awards?

Answer 17

Financial compensation for expenses that were caused by improper legal proceedings

Question 18

What does Charter 24-2 allow?

Answer 18

Allows for the exclusion of evidence obtained in a manner that violates the Charter

Question 19

What is the Administration of Justice?

Answer 19

The system of courts and laws that ensures fairness in legal proceedings

Question 20

What are trial process remedies

Answer 20

Measures to address procedural issues

Question 21

What is the Two-part test?

Answer 21

the court must find:
1) teh evidence was obtained in a manner that violated the charter

2) the admission of the evidence would bring the administration of justice into disrepute (a bad look)

Question 22

What refers to a police officer’s understanding of the law, to comply with the law, and lack of intent to violate charter rights

Answer 22

Good faith

Question 23

What is the three part test?

Answer 23

1) Seriousness of misconduct
2) Impact of the Violation of the accused
3) Effect of Excluding the evidence

Question 24

What section of the charter allows for remedies other than excluding evidence

Answer 24

24-1

Question 25

Which courts conduct the most criminal trials and are also where judges are appointed by provincial/territorial governments

Answer 25

Provincial Trial Courts

Question 26

Which courts handle more serious criminal cases and judges are appointed by federal government

Answer 26

Superior Trial Courts

Question 27

What courts handle appeals from provincial trial courts and where are judges appointed from?

Answer 27

Provinvial appeal courts

Judges are appointed by the Federal Government

Question 28

What are Intake Procedures?

Answer 28

How a suspect becomes subject to the criminal court system

Question 29

What is the first step for the Intake Procedure?

Answer 29

Arrest and Detention: they bring them to court within 24 hours for a first appearance and potential bail hearing

Question 30

What is the first step for the intake procedure that doesnt involve an arrest or detention?

Answer 30

Appearance notice and a Summons (police obtain summons from a court, sort of like a traffic ticket)

Question 31

What is a other term for “Bail”

Answer 31

Judicial Interim Release

Question 32

What is a Presumption of Release

Answer 32

The crown has to justify any restriction on the accused liberty before trial

Question 33

Grounds for Detention: To justify detention, the Crown must prove three things, what are they?

Answer 33

1. Risk of the accused not showing up to court
2. Risk of the accused to continue to commit crimes
3. Preservation of public confidence

Question 34

What is Disclosure before a trail

Answer 34

The crown has to provide the defence with all relevant information before trial to prevent information surprise

Question 35

What is Plea Bargaining?

Answer 35

Negotiations between the accused and the prosecutor to resolve the case before trial
eg.pleading guilty to a lesser crime

Question 36

What is it called when the accused may have a choice in how they are tried

Answer 36

Election of Mode of Trial

Question 37

What is a Preliminary Inquiry?

Answer 37

Determines of there is sufficient evidence to justify a trial and provides opportunity for the defense to earn about the Crowns case.
For offences with a maximum sentence of 14 years or more

Question 38

What is an Information/Indictment

Answer 38

Sets out the charges against the accused
Information = Provincial court
Indictment = Superior court

Question 39

What is it called when the Crown prosecutor summarizes the evidence they intend to present

Answer 39

Opening address