Unit 3 - Foundations, Powers and Auth. of EOs

Question 1

Right v. Freedom

Answer 1

Right = “positive right”, intervention
Freedom = “negative right”, no intervention

Question 2

The four (4) fundamental freedoms defined in The Charter:

Answer 2

1. Freedom of conscience and religion
2. Freedom of thought, belief, opinion, and expression, including freedom of press and other media of communication
3. Freedom of peaceful assembly
4. Freedom of association

Question 3

EO v PO

Answer 3

EO: Designated powers and authorities under a Canadian Act (e.g., CEPA) to carry out duties on behalf of the Minister.

PO: Designated powers and authorities under the Criminal Code.

Question 4

Jurisdiction

Answer 4

Generally describes any authority over a certain area or certain persons. In the law, jurisdiction sometimes refers to a particular geographic area containing a defined legal authority.

Question 5

What are the two elements of an offence?

Answer 5

1. Actus Reus
2. Mens Rea

Question 6

RGB

Answer 6

1. An honestly held belief
2. Based on compelling and credible information (fact), and
3. Justifiable from a reasonable person placed in the same position.
4. Higher than “reasonable suspicion” lower than “balance of probabilities”