Deck 2: Criminal Law and Criminal Justice in Canada

Question 1

What percentage of all sexual assaults are unreported?

A)80 percent
B)85 percent
C)90 percent
D)95 percent

Answer 1

C

Question 2

In which of the following cases did the Supreme Court of Canada rule that a woman's records had to be given to the judge if the defence could persuade the judge that the records may contain information useful to the defendant?

A)R.v.Daviault
B)R.v.Gayme
C)R.v.Darrach
D)R.v.O'Connor

Answer 2

D

Question 3

Based on the Supreme Court of Canada ruling in O'Connor,what is the first element a judge has to consider when determining if a victim's counselling records can be accessed by the defence?

A)whether the counselling records are likely to be of sufficient relevance to the defence
B)whether access is necessary to achieve the goal of justice
C)whether the counselling records balance the interests of the defence with the impact such information might have upon the complainant's right to privacy,dignity,and security
D)whether access is necessary to resolve a substantive criminal law issue

Answer 3

A

Question 4

What was demonstrated in Gotell's study of 16 sexual assault cases where judges had been asked by the defence for records about the complainants?

A)that records are disclosed to the accused on the basis of discriminatory rationales
B)that judges varied in their emphases about the relevant factors found in the Criminal Code
C)that judges interpret the law consistently
D)that judges are most concerned about equality when they make their decisions

Question 5

When the police detain and/or arrest an accused offender,what type of law focuses on the importance of how the rights and duties of individuals can be enforced?

A)substantive criminal law
B)the rule of law
C)statute law
D)procedural criminal law

Question 6

What is required for an act to be determined as legally criminal?

A)society determines the act to be criminal
B)the courts determine the act to be criminal
C)a law determines the act to be criminal
D)the police determine the act to be criminal

Question 7

When a criminal act is committed and the accused must be tried in a court of law,the accused is guaranteed a speedy trial under which of the following?

A)criminal law
B)principles of fundamental justice
C)substantive law
D)the rule of law

Question 8

What two elements are required for an offender to be found guilty in a court of law?

A)act and offence
B)actus rea and mens reus
C)mens rea and offence
D)actus reus and mens rea

Question 9

What is the maximum punishment for Level 2 sexual assault?

A)10 years' imprisonment
B)14 years' imprisonment
C)20 years' imprisonment
D)life imprisonment

Question 10

Which of the following enacts the majority of Canada's criminal laws?

A)the police
B)the courts
C)Parliament
D)society

Question 11

What type of law does "principles of fundamental justice" refer to?

A)civil law
B)substantive law
C)criminal law
D)procedural law

Question 12

Allen commits a crime by selling drugs to a group of youth behind the school gym.What is the body of legislative actions that determines Allen's conduct is punishable by the state?

A)procedural criminal law
B)the Charter of Rights and Freedoms
C)substantive criminal law
D)the rule of law

Question 13

What is reflected in the three levels of harm found in Bill C-127?

A)the type of perpetrator
B)the seriousness of the incident
C)the relationship between the perpetrator and complainant
D)the location of the incident

Question 14

Which of the following was a new provision included in the sexual assault legislation (Bill C-127)introduced in January 1983?

A)a reclassification of the right to silence
B)the right of disclosure of all relevant records pertaining to the victim
C)spouses could be charged with sexual assault
D)increased protections for the accused during cross-examination,particularly about their prior sexual history

Question 15

If a sexual assault case proceeds by way of summary conviction,what is the maximum punishment upon conviction?

A)6 months' incarceration
B)12 months' incarceration
C)18 months' incarceration
D)24 months' incarceration

Question 16

Which action is involved in a Level 3 sexual assault (s.273 of the Criminal Code)?

A)endangering the life of the victim
B)the use of a weapon
C)the threat to use a weapon
D)a minor physical assault

Question 17

Laws are created to protect society,and procedural safeguards are created to protect which of the following?

A)the police
B)the courts
C)the criminal
D)the government

Question 18

In which of the following processes is a person's behaviour identified as problematic,defined as criminal,regulated through law enforcement,and punished through the court if found guilty?

A)justification
B)illegalization
C)legalization
D)criminalization

Question 19

According to the text,what was the most controversial aspect of the sexual assault law introduced in 1983?

A)that the maximum punishment for Level 3 sexual assault was life imprisonment
B)the provisions restricting the ability of the accused to introduce evidence concerning the victim's past sexual conduct
C)that the victim could only be female
D)the marital relationship between the complainant and accused

Question 20

In which case did the Supreme Court of Canada reject the defence of implied consent?

A)R.v.Mills
B)R.v.Seaboyer
C)R.v.O'Connor
D)R.v.Ewanchuk

Question 21

Kim was suffering from a mental disorder when she commited an offence.What was missing from the act?

A)actus rea
B)mens reus
C)intent
D)concurrence

Question 22

Why do Barnhorst and Barnhorst (2004)contend that motive is relevant to the criminal justice system?

A)it provides a reason why the person committed the crime
B)it defines the intent of the crime
C)it stops the judge from sentencing differently
D)it stops the police from charging the offender

Question 23

Which term refers to those crimes requiring that the conduct of the accused produce a specific result?

A)concurrence
B)harm
C)causation
D)mens rea

Question 24

Which term refers to unconscious or involuntary behaviour?

A)automatism
B)duress
C)necessity
D)mistake of fact

Question 25

John committed a crime two days prior to his 18th birthday.One month later,he was charged in adult criminal court with committing the offence.What type of excuse defence will he be able to use?

A)age
B)mistake of fact
C)mistake of law
D)necessity

Question 26

Which of the following justification defences,if accepted by the court,results in an acquittal?

A)mistake of law
B)mistake of fact
C)duress
D)provocation

Question 27

Which of the following requires that the prosecution prove beyond a reasonable doubt the intent specified in the statute's definition of the elements of a crime?

A)general intent
B)procedural criminal law
C)substantive criminal law
D)specific intent

Question 28

Which of the following is a general intent offence?

A)assault causing bodily harm
B)unlawful confinement
C)incest
D)assaulting a police officer

Question 29

What type of culpability is being displayed when an individual violates the law by not taking the appropriate care and attention?

A)knowledge
B)procedural justice
C)intent
D)recklessness

Question 30

Which term refers to the prohibited act of a criminal offence?

A)mens rea
B)intent
C)actus reus
D)motive

Question 31

When a person is found not criminally responsible due to a mental disorder,what is one of the dispositions available to the court or review board?

A)acquittal
B)guilty
C)conditional discharge
D)release

Question 32

A person purchases a stereo from the trunk of another person's car.When charged with a criminal act,they could attempt to use which level of culpability?

A)purposeful
B)knowledge
C)recklessness
D)negligence

Question 33

What is missing when people commit a crime in self-defence or while under duress?

A)actus reus
B)mens rea
C)motive
D)intent

Question 34

Larry's spouse Cindy was killed while sleeping in her home in Toronto.When charged with Cindy's murder,Larry was able to use which of the following excuses due to his tendency to sleepwalk?

A)self-defence
B)automatism
C)duress
D)necessity

Question 35

Which type of criminal offence does not require the prosecution to prove through an independent investigation the state of the defendant's mind at the time of the offence?

A)specific intent
B)administrative
C)general intent
D)habeas corpus

Question 36

For which of the following reasons did prostitutes believe the law was a violation of s.7 of the Charter of Rights and Freedoms?

A)they were unable to earn a living
B)it forced them into situations that often resulted in severe violence
C)they wanted to be free to solicit in a location of their choice
D)responsibility should be equal between the solicitor and their client

Question 37

In which case did the Supreme Court of Canada hold that the laws surrounding prostitution cause grossly disproportionate harms to prostitutes?

A)Canada (Attorney General)v.Bedford
B)Canada (Attorney General)v.Hunter
C)Canada (Attorney General)v.Bloomfield
D)Canada (Attorney General)v.Pickford

Question 38

Which of the following requires that intent both precede and be related to the specific prohibited action or inaction that was or was not taken?

A)causation
B)harm
C)concurrence
D)corpus delecti

Question 39

What defence could be used by someone who commits an illegal act while believing that certain circumstances exist?

A)justification
B)duress
C)mistake of fact
D)mistake of law

Question 40

Which of the following is a specific intent offence?

A)arson
B)robbery
C)aggravated assault
D)receiving stolen property

Question 41

What was the revision regarding self-defence in Bill C-26,The Citizen's Arrest and Self-defence Act?

A)self-defence can now be used only in violent crimes
B)self-defence can now be used for any offence
C)self-defence is not available when protecting your home or business
D)self-defence is unreasonable in any circumstance

Question 42

What type of laws prohibit or mandate certain acts?

A)administrative laws
B)the rule of law
C)case laws
D)statute laws

Question 43

What is the legal defence that can be applied when there is a wrongful act or insult that deprives an ordinary person of the power of self-control?

A)provocation
B)entrapment
C)duress
D)necessity

Question 44

A citizen discovers that a company has been illegally dumping toxic chemicals in the area where she lives.She approaches her municipal government,informing of them of what she has found and demanding action.Which type of law is applicable to this case?

A)case law
B)the constitution
C)administrative law
D)statute law

Question 45

Which case was successfully used to acquit a woman who used force to protect herself from an aggressor,also known as "battered woman syndrome"?

A)R.v.Lavallee
B)R.v.Stevenson
C)R.v.Long
D)R.v.Sherren

Question 46

Which type of offence is a violation of an administrative law?

A)regulatory
B)actus reus
C)procedures
D)criminal liability

Question 47

Which of the following involves the judicial application and interpretation of laws as they apply in any particular case?

A)the Charter of Rights and Freedoms
B)substantive criminal law
C)statute law
D)case law

Question 48

What always overrules case law,except in conflicts over the Canadian Charter of Rights and Freedoms?

A)the scope of the law
B)administrative law
C)the Constitution
D)statute law

Question 49

In which of the following does a judge follow previous decisions (i.e. ,precedent)in similar cases?

A)case law
B)administrative law
C)stare decisis
D)corpus delecti

Question 50

When a criminal act is caused by forces of nature or human conduct other than the intentional threats of bodily harm,what legal defence can be used?

A)mistake of law
B)necessity
C)duress
D)mistake of fact

Question 51

Statutes in Canada are codified.How often are the statutes consolidated?

A)about every 7 years
B)about every 10 years
C)about every 12 years
D)about every 15 years

Question 52

What type of law is competition policy law?

A)administrative
B)case
C)statute
D)civil

Question 53

When living in Canada,you are responsible for knowing the current laws.As such,if you did commit a crime,why would you be held accountable?

A)everyone is accountable in Canada
B)ignorance of the law is not a defence
C)you are considered an accessory
D)you had previously committed the same crime

Question 54

When an agent of the state (e.g. ,a police officer)offers to an individual the opportunity to commit a crime,which of the following has occurred?

A)mistake of law
B)self-defence
C)entrapment
D)provocation

Question 55

What do judges in Canada typically do when following precedents in deciding a case?

A)follow only what other judges in their courts decide
B)follow the decisions of higher and equal courts
C)follow only those decisions of higher courts
D)follow what the statute states

Question 56

What is the main difference between summary and indictable offences?

A)summary offences fall under the jurisdiction of the civil courts
B)summary offences are more serious crimes than indictable offences
C)indictable offences involve sums of money over $4,000
D)indictable offences carry more serious consequences than summary offences

Question 57

In the case Canada (Attorney General)v.Bedford (2013),the justice held that the current prostitution laws violated s.7 of the Charter of Rights and Freedoms.Previous cases had not come to that conclusion;therefore,what practice did this judge NOT follow?

A)precedent
B)the rule of law
C)principles of fundamental justice
D)common law

Question 58

What is the most important source of laws in Canada today?

A)the constitution
B)statute law
C)case law
D)the common law

Question 59

Which of the following contains the fundamental principles guiding the enactment of laws and the application of those laws by the courts in Canada?

A)statute law
B)case law
C)the Constitution
D)administrative law

Question 60

In the event of a threat to the Canadian people,the government could place a curfew on residents through which section of the Charter of Rights and Freedoms?

A)Section 1
B)Section 7
C)Section 11
D)Section 24

Question 61

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?

A)Section 7
B)Section 8
C)Section 11(b)
D)Section 24(2)

Question 62

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

A)the police have to stop questioning suspects when they ask the officers to stop
B)the police can use legitimate means of persuasion in order to get a suspect to talk
C)the right to silence occurs at both the pre-trial and post-trial stages of a criminal case
D)the suspect has the right not to give full answers to the police

Question 63

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

A)Section 7
B)Section 8
C)Section 11
D)Section 24

Question 64

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

A)hybrid offences
B)Supreme Court exclusive indictable offences
C)absolute jurisdiction indictable offences
D)summary conviction offences

Question 65

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?

A)disclosure
B)detention
C)equality
D)the right to make full answer and defence

Question 66

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

A)mala in se
B)stare decisis
C)corpus delecti
D)mala prohibita

Question 67

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

A)outlines the rights of individuals charged with a criminal offence as they are processed through the criminal courts
B)guarantees that everyone has the right to be free from arbitrary detention or imprisonment
C)ensures that people have to testify during their trial
D)guarantees that there will be no successful challenges concerning unreasonable delays in the defendant's trial

Question 68

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

A)the case took too long to get to trial
B)the accused could not afford a lawyer
C)the accused was not read his rights when he was arrested
D)the allegations threatened the "life,liberty and security" of the accused

Question 69

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?

A)provincial
B)less serious indictable
C)municipal
D)hybrid

Question 70

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?

A)indictable offence
B)summary offence
C)absolute jurisdiction offence
D)hybrid offence

Question 71

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?

A)R.v.Lee
B)R.v.Grant
C)R.v.Gomez
D)R.v.Langley

Question 72

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

A)corpus delecti
B)habeas corpus
C)stare decisis
D)nolo contendre

Question 73

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

A)to allow for a stay of proceedings
B)to protect the integrity of the judicial system
C)to control the conduct of the police
D)to ensure the accused has a speedy trial

Question 74

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

A)provincial court judge
B)justice of the peace
C)federal court judge
D)federal court judge and jury

Question 75

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

A)R.v.Wong
B)Hunter v.Southam,Inc.
C)R.v.O'Connor
D)R.v.Hufsky

Question 76

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

A)controlling police conduct after initial charges have been laid against a suspect
B)the right of the Crown prosecutor to be informed as soon as possible for the reasons of the arrest
C)the lawful detention of the accused
D)the right to life,liberty,and security

Question 77

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

A)hybrid
B)general intent
C)absolute jurisdiction indictable
D)election indictable

Question 78

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

A)the right not to be subjected to cruel and unusual punishment or treatment
B)the right to be free from arbitrary detention or imprisonment
C)the right to silence
D)the right to a lawyer

Question 79

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

A)to protect people from arbitrary detention
B)to protect people's reasonable expectations of privacy
C)to give people specific rights after they are detained by the police
D)to provide people with procedural rights as they proceed through the criminal courts.

Question 80

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

A)R.v.Askov
B)R.v.Marshall
C)R.v.Murray
D)R.v.Stinchcombe