Words Flashcards
Hearings
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee
A judge may order parents to attend hearings and those who do not appear can face criminal charges
Trial Procedure: No preliminary hearing is held, and a judge alone conducts all trials
Institutions
If found to be delinquent, juveniles could be sent indefinitely to correctional or training institutions
Section 92 - listed the powers of the provinces. The powers included: Hospitals, Justice, Public Lands, Municipal Institutions
Gender
Discrimination: treating individuals unfairly because of race, gender, sexual orientations, religion, age, or challenge
Canadian Bill of Rights (1960) - stated that it was illegal to discriminate based on gender
Marijuana
Cannabis - Dope, Weed, Pot, Ganga
This is sold as resin (Hash) or as a dry herb. Buds are more potent than the stalks and leaves. It is usually smoked in a roll up. Effects: users feel relaxed, giggly, and talkative. Problems: can feel anxious, paranoid and forgetful
Schedule 2: Cannabis (revoked)
Possession: Max 5 years imprisonment
Possession for the purpose of trafficking: max 5 years imprisonment
Crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes
Anti Semitism
Hostility to or prejudice against Jewish people
Notwithstanding
The Charter of Rights and Freedoms: Provinces were allowed the notwithstanding clause which provided exemption from some provisions of the Charter
Legal rights can be limited by the “notwithstanding” clause of section 33
Equality Rights: Affirmative action programs do allow special treatment for those who are disadvantaged. These rights may be limited by the “notwithstanding” provisions sections 33
“Notwithstanding” (s. 33) - This section of the Charter allows the government to pass laws which may interfere with
Fundamental freedoms, Legal rights, Equality rights
This action is only valid for five years after which it must be reaffirmed
Summary Conviction
A summary offence is a criminal act that has no jury trial
Summary conviction offences are punishable to a maximum penalty of 6 month of imprisonment, a fine of $5000 or both
Invitation
Invitation to Sexual Touching - no one can invite a child under the age of 16 to touch himself/herself or them for a sexual purpose – Penalty max 10 years
Arson
It is intentional fire setting or attempting to set fire
Mental Disorder Automatism
The mental disorder automatism leads to Not Criminally Responsible finding
Non Mental Disorder Automatism
The non-mental disorder automatism leads to an acquittal
Duress
It is available when a person commits an offence while under compulsion of a threat made for the purpose of compelling him to commit it
It does not apply where the offence is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm or arson
Authority
The Criminal Code protects 16 and 17 year olds against sexual exploitation, where the sexual activity occurs within a relationship of trust, authority, dependency
Sexual Exploitation - no one in a position of trust or authority over 16 or 17 years old or upon whom the young person is dependant, can touch any part of the body of the young person for a sexual purpose or invite that young person to touch himself/herself for a sexual purpose – Penalty: max 10 years
Acting in authority - This section provides a statutory defence to a criminal charge. Given the dangerous and demanding work of police, the conduct should not be judged against a standard
use of force by a police officer. The court should consider that: The officer is required or authorized by law to perform an action in the enforcement of the law. The officer acts on reasonable grounds in performing the actions ho or she is required or authorized by law to perform. The officer does not use unnecessary force.
Trespass Torts (trespass to land) - happens when a person enters the land of another without permission of proper authority. This protection includes the area above and below the actual plot of land.
Duty of Care
Generally the plaintiff in a tort law action must show that the defendant violated the relevant duty of care. Then, they have to convince a judge that this violation caused harm
Duty of Care: The first element of negligence is known as the “duty of care”. A duty of care arises when the law recognized a relationship between two parties, and due to this relationship, one party has a legal obligation to act in a certain manner toward the other
Breach: The second element of negligence is a breach of the duty of care. A person or entity (such as a business or government agency) breaches the duty of care by failing to exercise reasonable care in fulfilling the duty
Causation: The third element of negligence is causation. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two distinct but closely related components of legal causation: actual cause and proximate cause. Actual cause exists when but for the breach of duty of care. The injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’ injured were reasonable related to the breach of duty of care
Fingerprinting
Youth Criminal Justice Act: Youths can only be fingerprinted and photographed when they have been charged with indictable offences
Police Discretion
The freedom of judgment and choices given to police officers in specified circumstances in. accordance with their governing policies. Due to police discretion, police officers have a range of choices to make when faced with certain situations
Indigenous Lands
When Europeans began settling in North America during the 1600s, they formed partnerships with First Nation communities
From 1867-1921, Indigenous peoples were forced onto reserves, ‘assimilate’ them into European-Canadian culture, no indigenous self-government, no indigenous methods of justice
1997 - The Supreme Court established a test – if indigenous people could prove that they occupied land before Britain’s invasion, they had the right to claim title – it helped indigenous people with demands in treaty negotiations
Quebec
The History of Canada’s Constitution: By this act the colonies of Canada (Ontario and Quebec) were united with the colonies of Nova Scotia and New Brunswick
Agreement was finally reached between the central government and nine of the ten provinces in November of 1981, only Quebec refused to be a party to this agreement
The Meech Lake Accord 1987: This was an effort to to bring Quebec into the constitution and included the following:
1. “Distinct society” status was to be confirmed for Quebec
2. Provinces were to be given the right to nominate judges for the Supreme Court. The accord was not ratified by all ten provinces and failed
The Charlottetown Accord: This was a major constitutional amendment package which included:
1. “Distinct society” status for Quebec
2. Aboriginal self-government
3. Senate reform
It failed to pass a national referendum in October 1992
Actus Reus
Latin for a “guilty act”. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to
Japanese Canadians
1941 - Pearl Harbor caused Japanese-Canadians to be “enemy aliens”, sent to internment camps, men were separated from their families and their property was auctioned off by the government
Causation
The third element of negligence. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two distinct but closely related components of legal causation: actual cause and proximate cause. Actual cause exists when but for the breach of duty of care. The injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’ injured were reasonable related to the breach of duty of care
hybrid Offence
A hybrid offence if the decision by the crown to prosecute based on the seriousness and type of crime
Harassment
Sexual Harassment - unwelcome actions of sexual nature toward another person
Harassment - no person shall cause other persons to fear for their safety or the safety of anyone known to them. Prohibited conduct consists of:
- Repeatedly following from place to place
- Repeatedly communicating with the other person
- Watching the place where the other person resides or works
- Engaging in threatening conduct directed to any member of the person’s family
Penalty: max not exceeding 5 years
Break and Enter
The crime of entering a building by force so as to commit burglary; breaking and entering
De Minimus Non Curat Lex
The principle excludes certain acts from criminal sanction due to triviality. The principle is based on the premise that the law should not concern itself with such matters. The doctrine is that its “harmless conduct” perpetrated by someone.
Ex - The theft of a “handful” of grapes from a grocery store, Incidental touching could be de minimus, Possession of drugs where the amounts are merely residual particles of a controlled substance
