Chapter 1-3

Question 1

Purpose

Answer 1

Regulate society
Protect societal values
Guaranty against the arbitrary use of power by the state
Protect basic/fundamental rights
Determines criminal procedure

Question 2

Civil and Crim proceedings

Answer 2

Everything that is civil can be criminal and vice versa (nothing is EXCLUSIVELY belonging to one field)
Both can run concurrently in virtue of art. 11 Cr.C. (you can have a civil case for the same thing as what you’re facing in a criminal case)
Both can run simultaneously without violating the principle of non bis in idem/double jeopardy (art. 11h) Charter)

Question 3

Crim vs Civil differences

Civil:

Answer 3

Civ: Civil responsible/fault 
Between 2 individuals 
Plaintiff vs Defendant
These individuals must have interest to act/institute proceedings
Compensatory, indemnity
Regulate society’s interactions
Protects private laws 
BOP
(50% + 1)
Which parties version is more probable ?

Question 4

Crim differences vs civil

Answer 4

Beyond reasonable doubt (hors de tout doute raisonnable)
Burden belongs to the state (crown prosecutor) to prove beyond a reasonable doubt the guilt of the accused
Accused must simply raise DOUBT

Question 5

Arrest

Answer 5

• Following investigation
• Police investigation OR Filing of a complaint by ANY person OR on reasonable grounds
• Could be released of detained
• Detention: In Qc, popo needs to receive authorization of the Crown prosecutor to file the information in writing 504
• Release on:
  1. Citation 2. Promise to appear 3.Recognizance 4.Summons (engagement)

Question 6

Arraignment

accused and crown

Answer 6

Crown: choice of infraction/proceeding if hybrid (art. 34 Interpretation Act), Summary and Indictable
Accused: Pleading (guilty/not guilty) and Choice of trial only for hybrid offences

Question 7

Superior court

Answer 7

-art. 536 (2) Cr.C. : Optionable = Choice of
Superior ct judge
Judge and jury (prelim hearing)
Provincial ct judge
Judge alone (in Qc held before provincial ct judge) (prelim hearing)
Judge of provincial court (no prelim hearing)
-Art. 469 Cr.C. : exclusive jurisdiction
No option, must proceed before superior ct judge

Question 8

Provincial court

Answer 8

Summary convictions (785 Cr.C.)
No option, must procedure before provincial ct judge
Art. 553 Cr.C. : absolute jurisdiction
No option, must procedure before provincial ct judge
If the choice of the accused for an indictable offence was a judge alone (prel hearing) or judge of prov. court (no prel hearing)

Question 9

Bail hearing

Answer 9

Accused released on conditions (0nly in the case of detention after arrest)
Recognizance
Promise to appear
-Accused remains detained

Question 10

Preliminary hearing

Answer 10

For certain types of proceedings
Choice of the accused (depends on type of trial chosen)
Test the evidence
-Prove that there is enough proof to proceed at trial
-Is there enough proof to charge the person

Question 11

Trial

Answer 11

-Acquittal (not guilty) or declaration of guilt
For guilty verdict, need to prove beyond a reasonable doubt (convince judge that there is no alternative that is reasonable for a verdict)
Make arguments
Crown does the proofing of the guilt
- Trial proving that they did it

Question 12

Sentence Hearing

Answer 12

Representation on the sentence to be
Mini trial to decide how the guilty person will pay for it

-7. is the appeal

Question 13

What makes it binding

Answer 13

constitution
laws
jurisprudence

Question 14

For laws to be legal they have to be:

Answer 14

Valid & as specific as possible (if they are broad too much leeway for the government and ALL acts could be considered criminal)
Non-retroactivity
The benefit of the lesser crime

Question 15

principles of form

Answer 15

laws are drafted, passed and published
exist in the law
must be published

Question 16

principles of content

Answer 16

not go against charter
not to be broad
precise

Question 17

Non-retroactivity

Answer 17

penal laws=not retroactive

exception: less punishment and decriminalization

Question 18

The benefit of lessor punishments

Answer 18

11 i) punish you the least amount if the crime you committed has changed its rules with time

Question 19

Consequence of principal of burden of proof

Answer 19

Crown has to ensure that the BRD is high, rests on the state

Question 20

Right to bail

Answer 20

Want to favour freedom bc of fundamental right

• Presume innocent until proven guilty
  exception: detention, why he must be detained

Question 21

Right to full answer and defense

Answer 21

This applies throughout the entire criminal procedure – so from the time of arrest up until the conviction and sentence.

This means that he also has the right to maintain his silence WITHOUT ANYONE PRESUMING THAT HIS SILENCE IS AN ADMISSION OF GUILT:
During arrest AND
At any stage of the proceeding
Decide if he wants to present or not a defense, if he decides to present a defense, he also has the right to
Decide if he wants to testify or not (right to not self incriminate)

The corollary of this right is: the obligation of disclosure
-obligation of prosecutor

Question 22

Protection again self-incrimination

Answer 22

Right to remain silent

Question 23

Right to a fair and public hearing

Answer 23

Impartial and independent

Question 24

Court protects integrity

Answer 24

decisions aren’t arbitrary
Impartiality and independent
confidence by the public
Legitimize the judicial process

Question 25

General rule Territorial Competency -- Other provinces

Answer 25

cases in Canada are heard in Canadian courts - except for crimes outside of Canada (commits elsewhere, convicted elsewhere) - art 6 - -Can be tried in another province if there is a link btwn two provinces (470 and 478)

Question 26

Competency of a person after checking territory

Answer 26

Age of the person Article 13: No person can be accused under the age of 12 years old. No competence. Immunity Immunity is a sort of protection that applies to diplomats. It cannot be tried when coming to Canada. Ex: Donald Trump cannot be tried for coming to Canada and committing a crime. Applies to family.

Question 27

Presence of evidence

Answer 27

1) BOP of crown - reasonable doubt bc of presumption of innocence 2) BP of accused - raise doubt 3) Burden of persuasion BRD Lifchus 4) The burden of your defence - the defence relies on you

Question 28

How to explain reasonable doubt

Answer 28

``` evidence absence of evidence presumption of innocence contradiction the proof expert testimony ```

Question 29

When defending yourself

Answer 29

- The burden of defending yourself, everything falls on you - Balance of probabilities - Prove mental health problems (automatisme, extreme intoxication) - Legitimate excuse (curfew, had to leave because they called an ambulance)

Question 30

3 Step process of judge

Answer 30

-do I believe accused? yes, reasonable doubt was raised, has to acquit (drop charges) -Doesn’t believe accused: asks himself if there is reasonable doubt by the accused if yes=acquit -Doesn’t believe accused or feel like reasonable doubt was raised: did the crown prove beyond reasonable doubt of his conviction? yes=convict no=acquit

Question 31

Penal and criminla defences

Answer 31

Penal has a branch of criminal (serious, BRD, illegal entirely) and penal (Statutory, regulation) Penal penal regulates an activity (respect norms for society) (divided into fed and prov) Penal criminal is completely illegal: guarantees arbitrary use of power (Charter) Penal law in general is to regulate the behaviour of all Absolute responsibility (if you do something, you are the only person responsible for it)

Question 32

Characteristics of penal offences

Answer 32

Everything of penal offences is created by the law | Penal procedure code says that prescription is one year

Question 33

Police investigation/action & Arrest

Answer 33

- Arrest goes against Art.7 of CC, states that you have the right to freedom, liberty and security - Art. 2 CC defines what a cop is (peace officer) + job is to main, order, find guilty. Have powers to investigate and arrest

Question 34

Investigation

Answer 34

Extremely broad powers, master of investigation, choose method and target. cannot go against the constitution) -Responsibility of law enforcement is on him, act alone, popo are independent -Decide not to investigate, can do random checks -Can commit crime undercover -art.25 para 1 -originally lay charges, decide not to lay charges -search and seizure

Question 35

Arrest

Answer 35

- without warrant: basis on reasonable grounds to believe - With warrant: Article 507 para 4 - new crime 524 - failure to come to court 512 para 2