Question 1

The Charter of Rights and Freedoms is not concerned with the activities of the courts.

Accepted Answer

The Charter of Rights and Freedoms is specifically concerned with the activities of the courts, including the rights of individuals in legal proceedings and the power of courts to strike down laws that are found to be unconstitutional.

Question 2

Section 8 of the Charter of Rights and Freedoms is designed to protect all reasonable expectations of privacy.

Accepted Answer

Section 8 of the Charter of Rights and Freedoms states that "Everyone has the right to be secure against unreasonable search or seizure." This is intended to protect individuals' reasonable expectations of privacy, whether in their homes, on their electronic devices, or in other areas where they have a reasonable expectation of privacy.

Question 3

A breath sample from an individual by a law enforcement official is considered a "detention" of said individual.

Accepted Answer

According to the Fourth Amendment, a breath sample from an individual by a law enforcement official is considered a "search" and therefore requires either a warrant or probable cause. Since a breath sample requires the individual to remain in the presence of law enforcement officials, it would also be considered a "seizure" which constitutes a detention.

Question 4

The principles of fundamental justice apply only at the pre-charge stages of the criminal justice system.

Accepted Answer

The principles of fundamental justice apply not only at pre-charge stages, but also at all stages of the criminal justice system, including trial, sentencing, and appeals. These principles include the right to a fair trial, the presumption of innocence, the right to be free from unreasonable search and seizure, and the right to be informed of the charges against you, among others.

Question 5

Educated guesses by the police about possible wrongdoing form the basis of reasonable grounds to arrest someone.

Accepted Answer

Reasonable grounds for arrest must be based on facts and evidence, not just guesses or hunches by the police. There needs to be tangible evidence or a reasonable belief that a crime has occurred and the person to be arrested was likely involved in it.

Question 6

Discuss in detail R v.Singh (2007).Discuss the importance of this case for the right to silence in Canada.

Accepted Answer

The answer of Discuss in detail R v.Singh (2007).Discuss the...

Question 7

Why is the Canadian Charter of Rights and Freedoms significant for the functioning of a democracy? Focus on Section 7 of the Charter and give two examples of cases which are applicable to this section.

Accepted Answer

The answer of Why is the Canadian Charter of Rights...

Question 8

The Canadian Charter of Rights and Freedoms differs from the common law since it applies mostly to the protection of the legal rights of criminal suspects and convicted persons.

Accepted Answer

The answer of The Canadian Charter of Rights and Freedoms...

Question 9

The most serious crimes in Canada are referred to as Supreme Court exclusive indictable offences.

Accepted Answer

Supreme Court exclusive indictable offences are the most serious crimes in Canada, such as murder, treason, and piracy. These offences can only be tried in a superior court and carry the most severe penalties, including life imprisonment.

Question 10

The Charter of Rights and Freedoms has not had an impact on criminal procedures in Canada.

Accepted Answer

The Charter of Rights and Freedoms has had a significant impact on criminal procedures in Canada. It has led to changes in areas such as search and seizure, detention, bail, and sentencing. It has also ensured that accused individuals are afforded the right to a fair trial and have access to legal representation.

Question 11

Define and then explain the differences between constitutional law,statute law,case law,and administrative law.Then discuss why each of these four branches of law is significant.

Accepted Answer

The answer of Define and then explain the differences between...

Question 12

The basis of the Canadian criminal justice system is the protection of law-abiding citizens through the operation of the law.

Accepted Answer

The Canadian criminal justice system is primarily focused on protecting law-abiding citizens by enforcing the law and punishing those who break it. This is achieved through various components, including law enforcement, courts, and corrections.

Question 13

The first HIV-related case the Supreme Court of Canada decided to hear was R.v.Currier.

Accepted Answer

This statement is true. The Supreme Court of Canada decided to hear the case R.v. Currier in 1985, which involved an individual who was charged with aggravated assault for allegedly knowingly exposing his sexual partner to HIV without disclosing his status. The case was significant as it marked the first time the Canadian legal system dealt with HIV-related criminal charges.

Question 14

The most common remedy for a violation of a right found in the Charter of Rights and Freedoms in the criminal process is found in s.24(1).

Accepted Answer

The answer of The most common remedy for a violation...

Question 15

Describe the decision of the lower court in the case involving Mr.Wang David Chan and how he had attempted to protect his property.Then detail the reasons for the federal government changing the approach to self defence and the defence of property in Canada.

Accepted Answer

The answer of Describe the decision of the lower court...

Question 16

According to the Supreme Court of Canada,Section 10(b)of the Charter of Rights and Freedoms ensures the absolute right of the accused to obtain legal counsel.

Accepted Answer

Section 10(b) of the Charter of Rights and Freedoms ensures the right of the accused to obtain legal counsel without delay and to be informed of that right, but it is not considered an absolute right as there are certain limitations and conditions under which this right can be exercised.

Question 17

Identify and discuss in detail any three of the excuse legal defences found in Canadian law.

Accepted Answer

The answer of Identify and discuss in detail any three...

Question 18

Prior to the Charter of Rights and Freedoms,criminal courts were concerned about the legal rights of those being investigated or charged by the police.

Accepted Answer

The answer of Prior to the Charter of Rights and...

Question 19

An "election indictable offence" means that the accused has to be tried by a provincial court judge alone.

Accepted Answer

An "election indictable offence" does not dictate the trial mode, which can vary based on the specific legal system and the offence. In many jurisdictions, indictable offences can be tried by a judge alone or by a judge and jury, depending on the severity of the offence and the choice of the accused.

Question 20

Section 7 of the Charter of Rights and Freedoms guarantees that no individual will be denied their basic rights in Canadian society except in accordance with the principles of fundamental justice as specified by s.1 of the Charter.

Accepted Answer

Section 7 of the Charter of Rights and Freedoms does guarantee that no individual will be denied their basic rights in Canadian society except in accordance with the principles of fundamental justice as specified by section 1 of the Charter.

Quiz 2: Criminal Law and Criminal Justice in Canada