Module 5 pt.2 Flashcards

1
Q

What is Section 8 of the Charter guarantee?

A

It guarantees the right to security against unreasonable search and seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is “Reasonable Expectation of Privacy” REP

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two factors that justify searches

A

Warrents = authorization from a judge

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the ex-ante vs ex-post analysis

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When can a persons REP be reduced or lost

A

if they expose personal information to the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are Statutory powers police have

A

Police are granted specific search and seizure powers under various laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does “search incident to arrest” mean

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a safety search

A

police can search a person for safety reasons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the 3 common law powers for searches

A

Search incident to arrest
Safety Search
Canine sniff search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

Information that reveals intimate details about a persons life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

canine sniff search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are Remedies

A

Legal means to address a wrong violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the “Exclusionary rule?”

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

Court of competent jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a “Stay of Proceedings”

A

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

17
Q

What are Cost awards?

A

Financial compensation for expenses that were caused by improper legal proceedings

18
Q

What does Charter 24-2 allow?

A

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

19
Q

What is the Administration of Justice?

A

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

20
Q

What are trial process remedies

A

Measures to address procedural issues

21
Q

What is the Two-part test?

A

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)

22
Q

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

A

Good faith

23
Q

What is the three part test?

A

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

24
Q

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

25
Which courts conduct the most criminal trials and are also where judges are appointed by provincial/territorial governments
Provincial Trial Courts
26
Which courts handle more serious criminal cases and judges are appointed by federal government
Superior Trial Courts
27
What courts handle appeals from provincial trial courts and where are judges appointed from?
Provinvial appeal courts Judges are appointed by the Federal Government
28
What are Intake Procedures?
How a suspect becomes subject to the criminal court system
29
What is the first step for the Intake Procedure?
Arrest and Detention: they bring them to court within 24 hours for a first appearance and potential bail hearing
30
What is the first step for the intake procedure that doesnt involve an arrest or detention?
Appearance notice and a Summons (police obtain summons from a court, sort of like a traffic ticket)
31
What is a other term for "Bail"
Judicial Interim Release
32
What is a Presumption of Release
The crown has to justify any restriction on the accused liberty before trial
33
Grounds for Detention: To justify detention, the Crown must prove three things, what are they?
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
34
What is Disclosure before a trail
The crown has to provide the defence with all relevant information before trial to prevent information surprise
35
What is Plea Bargaining?
Negotiations between the accused and the prosecutor to resolve the case before trial eg.pleading guilty to a lesser crime
36
What is it called when the accused may have a choice in how they are tried
Election of Mode of Trial
37
What is a Preliminary Inquiry?
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
38
What is an Information/Indictment
Sets out the charges against the accused Information = Provincial court Indictment = Superior court
39
What is it called when the Crown prosecutor summarizes the evidence they intend to present
Opening address