Test 1 Flashcards
What is the definition of substantive and procedural criminal law?
- SUB: A body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour
- PROS: Elements of the criminal law that include how the criminal justice system enforces and adjudicates crime
It involves the nature of offence, requisites, burden, and penalty.
What authority does only the Parliament of Canada have concerning criminal law?
Authority and jurisdiction to enact/create criminal laws
This is established under the Constitution Act of 1867, 91 (27).
What are the three necessary elements for legislation in criminal law?
- State the prohibition
- Include the penalty
- Identify how it is public evil
What is the primary distinction between true crime and regulatory offences?
True crime is conduct that is abhorrent to societal values and ought to be completely prohibited, while regulatory offences are prohibited but not wholly wrongful
Examples include murder for true crime and polluting lakes for regulatory offences.
What does judicial discretion allow judges to do?
Make legal decisions based on their judgement and the circumstances of each case
This allows judges to deviate from precedent.
What is the fundamental premise of criminal law?
It functions as a means by which society reaffirms its values and denounces violators.
True or False: Criminal law applies to all individuals equally.
True
This principle is enshrined in the Canadian Charter of Rights and Freedoms.
What is the purpose of deterrence theory in criminal law?
To control groups via fear, sending a message to society against undesirable actions.
What is the meaning of ‘stare decisis’?
A legal principle that requires lower courts to follow decisions made by higher courts.
What is the role of the Constitution in criminal law?
It enshrines principles that guide the creation and application of laws, ensuring they do not infringe upon rights or freedoms.
Fill in the blank: A civil action is a ______ brought to court by one person against another.
private legal proceeding
What are the general categories of criminal offences?
- Offences against public order
- Offences against the good of the state
What does the presumption of innocence entail?
Every individual is considered innocent until proven guilty.
True or False: The criminal law is exclusively the jurisdiction of the Federal Parliament.
True
What is the significance of the Supreme Court in the context of judicial review?
It can hear appeals and make decisions that become law, ensuring the rule of law and constitution are upheld.
What is the consequence if a federal court rules a law unconstitutional?
The law may be rendered ineffective, but only Parliament can remove a law.
What are the two standards of review in administrative law?
- Reasonableness
- Correctness
What is the main difference between true crime and regulatory offences regarding moral culpability?
True crime involves a higher degree of moral culpability compared to regulatory offences.
What does the term ‘legal moralism’ refer to in criminal law?
The establishment of criminal code offenses to protect public values and morality.
Fill in the blank: The burden of proof in criminal law lies with the ______.
prosecution
What case illustrates the principle of due process in criminal law?
Singh v Minister of Employment and Immigration (1985)
No oral hearing, refugee claim denied – violation by not allowing heari
What is an example of a true crime?
Murder
What is the main purpose of regulatory offences?
Prevention of future harm via enforcement of minimum standards of care.
True or False: A corporation is considered a person under civil law.
True
What is the role of appellate courts in the context of judicial decisions?
They review decisions made by lower courts and can affirm or overturn those decisions.
What must be demonstrated for conduct to be considered an indecent act under Section 173 of the Criminal Code?
- Occurs in a public place
- Intent to insult or offend
What determines whether having intimate relations in a parked car constitutes a public place?
Where the car is parked
The court ruled not guilty when the car was parked in a dark area where sexual activity would not be seen
What was the outcome of R. v. Jacob regarding public exposure?
Gwen Jacobs’ actions did not violate community standards of intolerance
The court found her exposure was not of a sexual nature
What are examples of offences against the person?
- Murder
- Assault
- Kidnapping
- Robbery
These are categorized as Category 2 offences
What does Section 23 pertain to in criminal law?
Accessories to a Criminal Offence
It states that accessories are also liable to criminal prosecution due to intent
What is the purpose of the Canadian Charter of Rights and Freedom (CCRF)?
To sever ties between Canada and England and give the government of Canada responsibility for its Constitution
The CCRF was enacted as part of the Constitution of 1982
What does Section 1 of the CCRF state?
Rights are not absolute and can be limited if reasonably justified
This is known as the Reasonable Limits Clause
True or False: The Notwithstanding Clause allows the federal government to pass laws that violate fundamental rights.
True
It can be abused and is justified for specific reasons, such as preserving language rights
What are the fundamental freedoms outlined in Section 2 of the CCRF?
- Freedom of religion
- Freedom of thought and belief
- Freedom of expression
- Freedom of peaceful assembly
- Freedom of association
This section is key to democratic freedom and self-actualization
What rights are protected under Section 6 of the CCRF?
Mobility Rights
This includes the right to enter, leave, and travel within Canada
What is the significance of Section 7 of the CCRF?
It protects life, liberty, and security of the person, along with the right to due process
It does not extend to fetuses
What does Section 8 of the CCRF address?
Protection against unreasonable search and seizure
This includes needing a search warrant based on probable cause
What is the principle of habeas corpus as stated in Section 10?
Those detained have the right to be informed of their rights and to challenge their detention
The onus is on the detainer to show lawfulness of the detention
What is the presumptive ceiling for trial delays according to Section 11?
18 to 30 months
Anything beyond these time frames is considered unreasonably delayed
What is the significance of the Reverse Onus Clause?
It requires the accused to provide evidence to raise doubt about their guilt
This violates the presumption of innocence
What is the ‘Golden Thread’ in criminal law?
Everyone has the right to be presumed innocent until proven guilty
The burden of proof lies with the state
What are the three steps in the Freedom of Expression analysis using Keegstra?
- Does the activity have expressive content?
- Does the method or location of expression remove protection?
- Does government action infringe that protection?
This test evaluates the limits of free expression
How is vagueness defined in legal terms?
When a law fails to detail what is required or prohibited for the ordinary citizen
Vagueness can lead to uncertainty in legal application
What does arbitrariness in the law refer to?
A law that infringes a right but does not sufficiently relate to the state interest behind the legislation
This can lead to a disconnect between liberty limits and legislative objectives
What does gross disproportionality in law entail?
A law that imposes an excessive burden on individuals compared to its objective
This can lead to legal challenges against the law
What are the limitations of fundamental freedoms according to Section 1?
Limits must be reasonable and justified in the context of protecting society
Laws prohibiting hate speech or violence are examples of reasonable limits
What is the role of evaluative terms in legal systems?
They help interpret laws and inform the application of vague standards
Terms like ‘dangerous’ or ‘reasonable’ allow for judicial interpretation
What is the Sunset Clause?
A limitation of Sec 33 that automatically voids a legislation after 5 years. It must be renewed by the government that passed it.
What is deontic language?
Presupposes of authority and legal subject
a police officer = authority due to their composition, uniform and badge
What does the case Syncrude v. Canada ecapsulate?
- Conflict between the Federal Criminal Power and Provincial Legislation
- Pollution is an evil, therefore punishable
What does the case R v. Sullivan ecapsulate?
An automatism case with the use of extreme intoxication as a defence. Highlighted the rules behind binding principles with respect to stare decisis
Did not work, since intoxication is only a partial defence and voluntary
What does the case R v. Askov ecapsulate?
- Charges dismissed because of rights violation
- Excessive delay (+3 years) in bringing case to trial
- Anything over 8 months is considered ‘unreasonable’
What does the case R v. Oakes ecapsulate?
- The assumption of trafficking based on possession, which must be disproved by the accused (“reverse onus”), violates S.11(d) presumption of innocence and allows a conviction despite possibility of a reasonable doubt.
- At issue: Is the violation of 11(d) reasonable and demonstrably justified in a free and democratic society, per S.1 of Charter?
What are borderline cases?
Situations where it is unclear whether a particular set of facts falls under the scope of the law
What is minimum standards of care?
Level of caution and prudence that a reasonable person would exercise in similar circumstances
