Question 1

Which of the following best summarizes the purpose of the Tackling Violent Crime Act in 2007 and the Safe Streets and Communities Act in 2012?

Accepted Answer

Both acts were primarily focused on strengthening the legal framework to protect victims and ensure justice, emphasizing the importance of standing up for victims' rights and safety.

Question 2

Which of the following is a purpose of criminalizing HIV-nondisclosure, according to those who support such measures?

Accepted Answer

Retribution is considered a purpose of criminalizing HIV nondisclosure by those who support such measures, as it is seen as a form of punishment for those who knowingly put others at risk of infection.

Question 3

Which group do critics argue the Safe Streets and Communities Act discriminates against?

Accepted Answer

The answer of Which group do critics argue the Safe...

Question 4

You are listening to a public lecture by an anthropologist involved in the Sex Worker's Movement. She expresses the importance of the movements' goal of removing laws used to target sex workers. To what is she most likely alluding?

Accepted Answer

Decriminalization refers to the process of removing criminal sanctions against sex work, which directly aligns with the goal of eliminating laws that target sex workers. This approach is advocated within the Sex Worker's Movement as a means to reduce harm and improve the safety and rights of sex workers.

Question 5

When did the Supreme Court of Canada, in a 6 to 3 vote, approve of spanking, properly restrained, under the Charter of Rights and Freedoms?

Accepted Answer

In 2004, the Supreme Court of Canada, in a 6 to 3 vote, ruled that spanking by parents or teachers, when properly restrained, does not violate the Charter of Rights and Freedoms. This decision upheld a section of the Criminal Code that allows for "reasonable" corporal punishment.

Question 6

Your professor QUESTIONs the idea that anti-social behaviour and civil disorder create an urban environment that encourages further crime and disorder. What theory is she most likely challenging?

Accepted Answer

The broken windows theory suggests that visible signs of disorder and misbehavior in an environment encourage further crime and anti-social behavior. By questioning the idea that anti-social behavior and civil disorder create an environment that encourages further crime, your professor is challenging the broken windows theory.

Question 7

Susan has committed an indictable offence. She has the option to have a trial either by a provincially appointed judge without a jury or by a federally appointed judge with or without a jury. What type of indictable offence gives Susan these options?

Accepted Answer

Election indictable offences give the accused the option to choose the type of trial they prefer, including the level of judge and whether to have a jury involved.

Question 8

The Supreme Court of Canada approved of spanking, properly restrained, under the Charter of Rights and Freedoms. Which of the following was NOT one of its stipulations?

Accepted Answer

The Supreme Court of Canada set guidelines for spanking under the Charter of Rights and Freedoms, specifying that it must be for educative or corrective purposes, the child must be able to benefit from it, and it must be of an insignificant and temporary nature. However, the age range specified by the court was between 2 and 12 years, not 1 and 14.

Question 9

Which case marked the first time someone in Canada was convicted for spreading the virus that causes HIV/AIDS?

Accepted Answer

R. v. Aziga marked the first time someone in Canada was convicted for spreading the virus that causes HIV/AIDS. Johnson Aziga was found guilty of two counts of murder as well as several counts of aggravated sexual assault for knowingly transmitting HIV to women without informing them.

Question 10

Your local mayor promotes an aggressive anti-graffiti campaign. She believes that the graffiti will encourage further vandalism and encourage an environment leading to offenses that are more serious. She is subscribing to which theory?

Accepted Answer

The mayor's belief aligns with the broken windows theory, which posits that visible signs of disorder and neglect, such as graffiti, encourage further vandalism and more serious crimes, suggesting that maintaining and monitoring urban environments in a well-ordered condition may prevent further vandalism and escalation into more serious crime.

Question 11

John broke into a convenience store in town and stole approximately $3,500. The police were able to show witnesses pictures of John's features and quickly arrested him on the theft charges. Once the Crown looked over John's history, it was discovered that this was not his first offence of theft. This gave the prosecutors the option to decide whether to proceed as a summary conviction or an indictable one. How is John's offence classified?

Accepted Answer

John's offence is classified as a hybrid offence. This means the prosecutors have the discretion to proceed either by summary conviction or by indictment, depending on factors such as the severity of the crime and the defendant's criminal history.

Question 12

Which section of the Charter of Rights and Freedoms did the case of R. v. Whaling argue was a violation to Mr. Whaling's rights?

Accepted Answer

The answer of Which section of the Charter of Rights...

Question 13

Which of the following concerns in the Safe Streets and Communities Act is like the "broken windows" theory of 1982?

Accepted Answer

The "broken windows" theory of 1982 posits that maintaining and monitoring urban environments to prevent small crimes such as vandalism and public drinking can help create an atmosphere of order and lawfulness, thereby preventing more serious crimes. The term "disorderly conduct" aligns with this theory, as it encompasses behaviors that disrupt public order, similar to the minor infractions targeted by the "broken windows" theory.

Question 14

Over nine years, Lucia racked up $65,000 in fines through convictions for provincial offences, including loitering, littering, drinking in public, and trespassing. She estimates $10,000 was tied to tickets issued to her through which Act, when she was panhandling to try to survive?

Accepted Answer

The Safe Streets Act is the legislation that would most likely be associated with fines for panhandling, as it is designed to address activities such as panhandling in public spaces.

Question 15

Whose role is it to decide whether an offence will proceed as a summary conviction offence or an indictable offence?

Accepted Answer

The Crown attorney (or prosecutor) decides whether an offence will proceed as a summary conviction offence or an indictable offence based on the nature of the crime and the evidence available. This decision impacts the legal process and potential penalties.

Question 16

The number of tickets issued to homeless people in Toronto for panhandling and related activities increased by more than 2000 per cent between 2000 and 2010. This is most likely a result of which Act?

Accepted Answer

The significant increase in tickets issued to homeless people in Toronto for panhandling and related activities between 2000 and 2010 is most likely a result of the Safe Streets Act. This legislation specifically targets aggressive panhandling and certain activities conducted by homeless individuals in public spaces, aiming to ensure the safety and orderliness of streets.

Question 17

Which of the following occurs when governments decide to remove a crime from the Criminal Code to the civil law?

Accepted Answer

Decriminalization refers to the process of removing criminal sanctions against certain acts, thereby transferring them from the realm of criminal law to civil law. This means that while the acts may still be subject to legal regulation or penalties, they are no longer classified as crimes that would result in criminal prosecution.

Question 18

Schoolteacher Mr. Lane argues that, in the place of a parent, he is justified in using force by way of correction toward a pupil, if the force does not exceed what is reasonable under the circumstances. Which section of the Criminal Code is Mr. Lane citing?

Accepted Answer

Section 43 of the Criminal Code is often cited in contexts involving the use of corrective force by teachers or parents, as it provides a legal justification for using reasonable force for the purpose of correction.

Question 19

According to the HIV/AIDS Legal Network, which approach to disclosure trivializes the criminal process through a proliferation of prosecutions where the risk of harm is negligible?

Accepted Answer

The absolutist approach to disclosure trivializes the criminal process by leading to a proliferation of prosecutions even in cases where the risk of harm is negligible, as it does not take into account the actual risk of HIV transmission in specific contexts.

Question 20

Criminal law gives the legislation the powers to regulate criminal behaviour.

Accepted Answer

Criminal law gives the judiciary, not the legislation, the powers to interpret and apply laws to regulate criminal behavior. Legislation creates and amends the laws.

Quiz 2: Criminal Law and Criminal Justice in Canada