Question 1

What is the main focus of s. 11 of the Charter of Rights and Freedoms?

Accepted Answer

Section 11 of the Charter of Rights and Freedoms specifically outlines the legal rights of individuals charged with a criminal offence, detailing the protections and fair treatment they are entitled to as they navigate through the criminal justice system.

Question 2

Which of the following is an absolute jurisdiction indictable offence?

Accepted Answer

The answer of Which of the following is an absolute...

Question 3

Which case resulted in the detention of an individual by the police on a sidewalk being deemed arbitrary and in violation of s. 9 of the Charter of Rights and Freedoms?

Accepted Answer

R. v. Grant is a landmark Supreme Court of Canada decision where the Court found that the detention of an individual by the police on a sidewalk constituted arbitrary detention, violating section 9 of the Canadian Charter of Rights and Freedoms. This case is significant for its analysis and impact on the interpretation of the rights against arbitrary detention and the framework for assessing the legality of police detentions in Canada.

Question 4

Advocates for decriminalizing marijuana argue that the use of marijuana is not inherently bad. How would these advocates classify this criminal offence?

Accepted Answer

Mala prohibita refers to actions that are considered crimes because they are prohibited by law, not because they are inherently evil or harmful. Advocates for decriminalizing marijuana argue that its use falls into this category, as opposed to mala in se, which refers to actions that are inherently wrong.

Question 5

Which of the following refers to the duty imposed upon the prosecution to give to the defence all the evidence it will use in the trial?

Accepted Answer

Disclosure is the process by which the prosecution is required to provide the defense with all the evidence it intends to use at trial, ensuring the defendant has a fair opportunity to prepare a defense.

Question 6

You are listening to a public lecture on the German, Slavic, and Ukrainian Canadian internment during World War I and the internment of German Canadians, Italian Canadians, and Japanese Canadians during World War II. What is the most likely topic of the public lecture?

Accepted Answer

The most likely topic of the public lecture is "habeas corpus," as it relates to the legal principle concerning the unlawful or arbitrary detention of individuals, which is relevant to the context of internment during wartime.

Question 7

Which judge and/or jury would hear a summary conviction trial?

Accepted Answer

Summary conviction trials are typically heard by a provincial court judge, as they deal with less serious offenses.

Question 8

What is the purpose of s. 24(2) of the Charter of Rights and Freedoms?

Accepted Answer

Section 24(2) of the Charter of Rights and Freedoms is intended to protect the integrity of the judicial system by excluding evidence obtained in a manner that infringes or denies any rights or freedoms guaranteed by the Charter, if admitting it would bring the administration of justice into disrepute.

Question 9

Rebecca claims that evidence used to convict her was collected illegally by the police and therefore her Charter rights have been violated. What section of the Charter will she be using in her appeal?

Accepted Answer

The answer of Rebecca claims that evidence used to convict...

Question 10

Which of the following are the least serious indictable offences, for example theft under $5,000?

Accepted Answer

Absolute jurisdiction indictable offences are the least serious indictable offences, such as theft under $5,000, and are tried in provincial court without a jury.

Question 11

What is the common-law remedy against the unlawful detention of a suspect?

Accepted Answer

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful detention. The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject.

Question 12

In which case were the guidelines concerning disclosure originally introduced by the Supreme Court of Canada?

Accepted Answer

The Supreme Court of Canada originally introduced the guidelines concerning disclosure in R. v. Stinchcombe. This landmark decision established the prosecution's duty to disclose all relevant information to the defense, fundamentally impacting the fairness of criminal trials in Canada.

Question 13

What did the Supreme Court of Canada decide about the right to silence in R. v. Singh (2007)?

Accepted Answer

The Supreme Court of Canada in R. v. Singh (2007) decided that the police can use legitimate means of persuasion to encourage a suspect to talk, indicating that the right to silence does not obligate police to cease questioning if a suspect initially chooses not to speak.

Question 14

What is the intention of Section 8 of the Charter of Rights and Freedoms?

Accepted Answer

Section 8 of the Charter of Rights and Freedoms is intended to protect individuals' reasonable expectations of privacy against unreasonable search and seizure.

Question 15

Which type of offence gives prosecutors the discretion to decide whether they wish to proceed with a case as either a summary conviction offence or an indictable offence?

Accepted Answer

Hybrid offences, also known as dual procedure or electable offences, give prosecutors the discretion to proceed summarily or by indictment, depending on factors such as the seriousness of the case and the circumstances surrounding the offence.

Question 16

Which of the following is a procedural right NOT specifically guaranteed by ss. 8 through 14 of the Charter of Rights and Freedoms?

Accepted Answer

The right to silence is not explicitly mentioned in sections 8 through 14 of the Charter of Rights and Freedoms. These sections deal with legal rights including search and seizure, detention or imprisonment, and rights upon arrest, but the right to silence is a principle derived from these rights rather than explicitly stated.

Question 17

What is the main concern of s. 10 of the Charter of Rights and Freedoms?

Accepted Answer

Section 10 of the Canadian Charter of Rights and Freedoms concerns the rights of individuals upon arrest or detention, including the right to be informed promptly of the reasons for detention and the right to retain and instruct counsel without delay.

Question 18

Which of the following are the most serious crimes, for example first- and second-degree murder?

Accepted Answer

Supreme Court exclusive indictable offences include the most serious crimes such as first- and second-degree murder, which are tried exclusively in higher courts due to their severity.

Question 19

Which of the following can either be summary offences (minor crimes) or indictable offences (major crimes)?

Accepted Answer

Hybrid offences can be prosecuted as either summary offences, which are less serious and carry lighter penalties, or indictable offences, which are more serious and carry heavier penalties. The decision on how to prosecute a hybrid offence usually lies with the Crown prosecutor.

Question 20

Why was the decision in R. v. Askov dismissed?

Accepted Answer

The decision in R. v. Askov was dismissed because the case took too long to get to trial, which was seen as a violation of the accused's right to be tried within a reasonable time as guaranteed by the Canadian Charter of Rights and Freedoms.

Quiz 2: Criminal Law and Criminal Justice in Canada