Search, seizure, other processes, sentencing

Question 1

what dictates that trials must be held in open court

Answer 1

Charter s11 (“fair and public” hearing)

Question 2

who applies the exclusion of the public

Answer 2

• judge
• witness
• counsel

Question 3

what should J consider when determining if they will exclude the members of the public

Answer 3

• if J of opinion order is in interest of public morals, maintenance of order or proper admin of justice
• if J believes necessary to prevent injury to international relations; national defence/ security

Question 4

does J have to give reasons if refuses to close courtroom

Answer 4

for certain offences

Question 5

what is a publication ban

Answer 5

J may make order that info that could identify V or W shall not be published in any doc or broadcasted/transmitted in any way

Question 6

who must be informed of their right to seek publication ban

Answer 6

any W under 18 years or Victim

Question 7

how long do publication bans last

Answer 7

• can last forever
• (especially in sexual assault cases)

Question 8

what are the questions that must be asked to determine if s8 of the charter is offended

Answer 8

1. did person have reasonable expectation of privacy about search or thing seized
2. if so, was the search/ seizure an unreasonable intrusion on that right of privacy

Question 9

when are the charter s8 rights waived

Answer 9

with valid consent

Question 10

what is s8 of the charter

Answer 10

right to be secure from unreasonable search & seizure

Question 11

does sentencing legislation apply retroactively

Answer 11

• no
• unless specifically stated

Question 12

what are the purposes of sentencing

Answer 12

• to denounce
• to deter
• to separate
• to rehabilitate
• to repair
• to promote responsibility

Question 13

what are. some sentencing principles to consider

Answer 13

• mitigating and aggravating circumstances
• similar to other similar cases
• consecutive should not be unduly long
• should not be deprived of liberty if less restrictive would do

Question 14

how does a sentencing trial happen

Answer 14

• crown and defence make submissions and call relevant evidence before court passes sentence
• court may require production of certain evidence and/or compel witnesses

Question 15

what are two main differences between trial courts and sentencing in terms of what can be considered

Answer 15

• court can consider other convictions
• hearsay evidence is admissible

Question 16

what are options for sentencing

Answer 16

• discharge (absolute or conditional)
• probation
• intermittent sentence
• fines
• incarceration

Question 17

what are some other considerations when sentencing

Answer 17

• organizations
• pretrial custody
• terrorist attack (greater punishment)

Question 18

what are the two deterrances

Answer 18

• specific deterrence
• general deterrence

Question 19

what is specific deterrence

Answer 19

how to make sure THIS person never does this again

Question 20

what is general deterrence

Answer 20

how to make sure NOBODY ever does this again

Question 21

why can’t murder sentences be consequetive

Answer 21

SCC finds it to be a “cruel and unusual punishment”