Question 1

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 2

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, even if the suspect has asserted their right to silence.

Question 3

Which section of the Charter of Rights and Freedoms is considered to be the most general in its orientation?

Accepted Answer

Section 7 of the Charter of Rights and Freedoms is considered to be the most general in its orientation as it protects the right to life, liberty, and security of the person. It applies to all individuals and can be used to challenge laws or government actions that violate these fundamental rights. Other sections of the Charter, such as Sections 8, 11, and 24, are more specific in their protections and apply to certain situations or circumstances.

Question 4

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

Accepted Answer

Supreme Court exclusive indictable offences are the most serious crimes, such as first and second degree murder, which carry a maximum penalty of life imprisonment.

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

The term used to describe the duty imposed upon the prosecution to provide to the defense all the evidence it will use in the trial is called 'disclosure'. Therefore, option A is the correct answer. Option B refers to the act of keeping someone in an official custody, usually during an investigation or a trial. Option C, equality, refers to the principle of treating all people with the same respect and value, which is not directly related to the question. Option D refers to the right of the accused to receive all the evidence against them, which is somewhat related but does not fully answer the question.

Question 6

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

Accepted Answer

This criminal offense would be classified as mala prohibita, meaning it is only illegal because it has been prohibited by law rather than being inherently immoral or harmful like mala in se offenses. Advocates for decriminalizing marijuana would argue that the prohibition of marijuana is a misguided law and it should be treated differently than more serious crimes. Stare decisis refers to the legal principle of following precedent, and corpus delecti refers to the requirement of proving a crime has been committed before charging someone with it, neither of which apply to this question.

Question 7

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

Accepted Answer

Section 11 of the Charter outlines the rights of individuals charged with a criminal offence as they are processed through the criminal courts. This includes the right to be informed of the charges against them, the right to be tried within a reasonable time, the right to be presumed innocent until proven guilty, and the right to not be compelled to testify against oneself.

Question 8

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

Accepted Answer

The decision in R.v.Askov was dismissed due to unreasonable delay in getting the case to trial, which violated the accused's Section 11(b) Charter right to a trial within a reasonable time.

Question 9

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

A hybrid 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, depending on the specific circumstances of the case. This allows for flexibility in the prosecution process, as the seriousness of the offence can be taken into account before deciding how to proceed.

Question 10

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 because it has characteristics of both summary and indictable offences, and the decision to proceed as one or the other is up to the discretion of the Crown prosecutors.

Question 11

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 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.

Question 12

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

Accepted Answer

The common-law remedy against the unlawful detention of a suspect is habeas corpus, which is a legal action that requires a person who is detained to be brought before a court or judge. The purpose of habeas corpus is to ensure that the detention is lawful and justified, and to grant the detainee the right to challenge the legality of their imprisonment.

Question 13

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

Accepted Answer

The answer of What is the purpose of s.24(2)of the...

Question 14

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

Accepted Answer

A summary conviction trial is a minor criminal offense that is typically heard in the provincial court, and so a provincial court judge would hear the case. Justices of the peace do not typically preside over criminal trials and federal court judges and juries are reserved for more serious criminal offenses heard in the federal court system.

Question 15

Which case led to the Supreme Court of Canada determining the basic framework for search and seizures by the police?

Accepted Answer

The Hunter v. Southam, Inc. case in 1984 led to the Supreme Court of Canada determining the basic framework for search and seizures by the police, which included the requirement for prior judicial authorization, necessity, and proportionality.

Question 16

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

Accepted Answer

The answer of What is the main concern of s.10...

Question 17

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

Accepted Answer

The answer of Which of the following are the least...

Question 18

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 19

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 20

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

Accepted Answer

The guidelines concerning disclosure were originally introduced by the Supreme Court of Canada in the case of R.v. Stinchcombe.

Quiz 2: Criminal Law and Criminal Justice in Canada