Question 1

A reverse onus is when the accused must show why they should be released.

Accepted Answer

In a reverse onus situation, the burden of proof shifts from the prosecution to the accused, meaning the accused must demonstrate why they should be granted bail or released, rather than the prosecution having to prove why they should be detained.

Question 2

Due process requires that all individuals not released by the officer in charge at a police station must see a justice of the peace within a specified period.

Accepted Answer

Due process, as a legal principle, ensures that individuals are treated fairly and justly by the legal system, which includes the requirement that those not released by the officer in charge must be brought before a justice of the peace or a judge within a specified period to determine the legality of their arrest and detention. This is to prevent unlawful or prolonged detention without charge.

Question 3

Section 469 offences do not include seditious mutiny, piracy, and piratical acts.

Accepted Answer

Section 469 offences in the Criminal Code of Canada include serious crimes such as murder, piracy, piratical acts, and sedititious mutiny, among others.

Question 4

In all other criminal cases involving indictable offences, the accused has the right to select trial by superior court judge alone or by provincial court judge alone.

Accepted Answer

In all other criminal cases involving indictable offences, the accused has the right to select trial by superior court judge alone or by provincial court judge alone.

Question 5

A reason for detaining a person for s. 469 offences may include the fact that the accused commits an indictable offence but is not a resident of Canada.

Accepted Answer

Under Canadian law, one of the grounds for detaining a person charged with an offence, particularly those of a serious nature such as those listed under section 469 (which includes crimes like murder), is the likelihood that the accused will not appear in court. If the accused is not a resident of Canada, this may increase the risk of them fleeing the jurisdiction, thus providing a reason for their detention to ensure their appearance in court.

Question 6

If the accused is charged with a Supreme Court exclusive offence (a s. 469 offence), the presiding provincial court judge has the jurisdiction to try the case and set a date for a trial to be heard by a superior court judge.

Accepted Answer

A provincial court judge does not have the jurisdiction to try a s. 469 offence, which is reserved for the superior court. They can only conduct a preliminary inquiry and commit the accused for trial in the superior court.

Question 7

A reason for detaining a person for s. 469 offences may include the fact that the accused allegedly has broken a previous interim release order.

Accepted Answer

Detaining a person for s. 469 offences (which in Canada include serious crimes such as murder) can be justified if the accused has previously violated conditions of an interim release order, indicating a higher risk of non-compliance with court orders or potential re-offending.

Question 8

Once an individual's plea of guilty is accepted, the accused gives up their constitutional rights, including the right to cross-examine witnesses and to have a trial by jury (if applicable).

Accepted Answer

When a guilty plea is accepted, the defendant waives certain constitutional rights, such as the right to a jury trial and the right to confront witnesses.

Question 9

A reason for detaining a person for s. 469 offences may include the fact that the accused is charged with an indictable offence while already on judicial interim release or is in the process of appealing another indictable offence.

Accepted Answer

Under Canadian law, being charged with an indictable offence while already on judicial interim release or appealing another indictable offence can be considered a valid reason for detaining a person for s. 469 offences, as it raises concerns about the accused's likelihood to comply with court orders and the potential risk to public safety.

Question 10

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge does not depend on avoiding the necessity for witnesses to testify.

Accepted Answer

Mewett and Nakatsuru (2000) argue that one of the reasons a Crown prosecutor might accept a plea of guilty to a lesser charge is indeed to avoid the necessity for witnesses to testify, among other considerations. This can be part of the negotiation process in plea bargaining, where the interests of justice, efficiency, and the impact on victims and witnesses are weighed.

Question 11

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge depends on several factors, including the seriousness of the charge.

Accepted Answer

Mewett and Nakatsuru (2000) indeed highlight that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge is influenced by multiple factors, one of which is the seriousness of the charge. This consideration is part of the broader prosecutorial discretion in the criminal justice system, where the severity of the alleged offense can impact decisions regarding plea bargaining.

Question 12

If a person is arrested without a warrant and taken into custody, they will be brought before the officer in charge or another peace officer, but the officers do not have the authority to release the person.

Accepted Answer

After being arrested without a warrant and taken into custody, the person may be released by the officer in charge or another peace officer under certain conditions, such as on bail or due to insufficient evidence to charge them.

Question 13

Section 469 offences are the exclusive jurisdiction of superior criminal courts.

Accepted Answer

Section 469 offences are serious offences that are punishable by imprisonment for up to 10 years. As such, they are considered to be indictable offences and are therefore within the exclusive jurisdiction of superior criminal courts.

Question 14

In Canada, a trial is not held if the accused pleads guilty.

Accepted Answer

The answer of In Canada, a trial is not held...

Question 15

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge depends on several factors, including the likelihood of securing a conviction on the more serious charge.

Accepted Answer

Mewett and Nakatsuru (2000) indeed highlight that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge is influenced by multiple factors, one of which is the probability of securing a conviction on the more serious charge among others. This reflects the prosecutorial discretion in balancing the strength of the case, judicial economy, and the interests of justice.

Question 16

A reason for detaining a person for s. 469 offences may include the fact that the accused has committed or conspired to commit an offence under ss. 4 and 5 of the Controlled Drugs and Substances Act (i.e., trafficking, exporting, or importing).

Accepted Answer

The given statement correctly states that one reason for detaining a person for s. 469 offences may include the fact that the accused has committed or conspired to commit an offence under ss. 4 and 5 of the Controlled Drugs and Substances Act (i.e., trafficking, exporting, or importing).

Question 17

Once an individual's plea of guilty is accepted, the judge has the discretion to allow the accused to change their plea.

Accepted Answer

Judges have the discretion to allow a defendant to withdraw a guilty plea before sentencing, especially if the change is in the interest of justice.

Question 18

Section 469 offences do not include "alarming Her Majesty" or inciting mutiny.

Accepted Answer

Section 469 offences in the Canadian Criminal Code do include "alarming Her Majesty" and "inciting to mutiny."

Question 19

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge does not depend on the public interest.

Accepted Answer

Mewett and Nakatsuru (2000) argue that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge is indeed influenced by the public interest, among other factors such as the strength of the case, the seriousness of the offense, and the interests of the victim.

Question 20

If the accused is charged with a s. 469 offence (e.g., murder), a Superior Court justice decides whether the accused will be placed in a detention facility.

Accepted Answer

In Canada, for serious offences like those listed under section 469 of the Criminal Code, a Superior Court justice is responsible for bail hearings and decisions regarding detention.

Quiz 8: Pretrial Criminal Procedure

A reverse onus is when the accused must show why they should be released.

Due process requires that all individuals not released by the officer in charge at a police station must see a justice of the peace within a specified period.

Section 469 offences do not include seditious mutiny, piracy, and piratical acts.

In all other criminal cases involving indictable offences, the accused has the right to select trial by superior court judge alone or by provincial court judge alone.

A reason for detaining a person for s. 469 offences may include the fact that the accused commits an indictable offence but is not a resident of Canada.

If the accused is charged with a Supreme Court exclusive offence (a s. 469 offence), the presiding provincial court judge has the jurisdiction to try the case and set a date for a trial to be heard by a superior court judge.

A reason for detaining a person for s. 469 offences may include the fact that the accused allegedly has broken a previous interim release order.

Once an individual's plea of guilty is accepted, the accused gives up their constitutional rights, including the right to cross-examine witnesses and to have a trial by jury (if applicable).

A reason for detaining a person for s. 469 offences may include the fact that the accused is charged with an indictable offence while already on judicial interim release or is in the process of appealing another indictable offence.

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge does not depend on avoiding the necessity for witnesses to testify.

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge depends on several factors, including the seriousness of the charge.

If a person is arrested without a warrant and taken into custody, they will be brought before the officer in charge or another peace officer, but the officers do not have the authority to release the person.

Section 469 offences are the exclusive jurisdiction of superior criminal courts.

In Canada, a trial is not held if the accused pleads guilty.

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge depends on several factors, including the likelihood of securing a conviction on the more serious charge.

A reason for detaining a person for s. 469 offences may include the fact that the accused has committed or conspired to commit an offence under ss. 4 and 5 of the Controlled Drugs and Substances Act (i.e., trafficking, exporting, or importing).

Once an individual's plea of guilty is accepted, the judge has the discretion to allow the accused to change their plea.

Section 469 offences do not include "alarming Her Majesty" or inciting mutiny.

Mewett and Nakatsuru (2000) point out that a Crown prosecutor's decision to accept a plea of guilty to a lesser charge does not depend on the public interest.

If the accused is charged with a s. 469 offence (e.g., murder), a Superior Court justice decides whether the accused will be placed in a detention facility.