Criminal Law

Question 1

Purpose of Summary Conviction

Answer 1

Minor crimes

Question 2

Summary Conviction

Answer 2

No preliminary hearing or jury, charge laid as soon as possible.

Question 3

Maximum penalty for Summary Convictions

Answer 3

2000 dollar fine or 6 months in jail.

Question 4

Statute of Limitations for Summary Convictions

Answer 4

Past 6 months of the crime, the person cannot be charged.

Question 5

Indictable Offense

Answer 5

Includes the full criminal procedure

Question 6

Purpose of Indictment

Answer 6

For more major crimes

Question 7

Maximum Penalty for Indictments

Answer 7

Depends on the crime, as outlined in the criminal code.

Question 8

Statute of Limitations for Indictments

Answer 8

None

Question 9

Courts that can be used in indictments
Identify:
- 3 courts
- Who selects it

Answer 9

The accused can choose:
- Tried by provincial court judge alone
- Tried by judge of a superior court of the province
- Tried by a higher court with a jury

Question 10

Hybrid Offense

Answer 10

Crown chooses whether to go for indictment or for summary, depending on the situation.

Question 11

Maximum Penalty for Hybrid Offence

Answer 11

2 years to 10 years.

Question 12

Actus Reus

Answer 12

“Wrongful deed”, the crime itself

Question 13

Mens Rea

Answer 13

“Guilty mind”, the intent of the accused to commit the crime

Question 14

Criminal State of Mind

Answer 14

While an accused may not intend the outcome of their actions, if something illegal is already being done, the accused is responsible for everything that happens after.

Question 15

Willful blindness

Answer 15

Pretending not to know something / not asking reasonable questions.

Question 16

Recklessness / Criminal Negligence

Answer 16

Reckless disregard for the lives / safety of others.

Question 17

Role of Motive in Trials

Answer 17

Not required to be proven by the Crown. However, it can act as circumstantial evidence. It is more common when there are no film or eyewitnesses of the event. Motive may also be considered during sentencing.

Question 18

Conspircacy

Answer 18

A serious agreement between two or more people to commit an unlawful act.

Question 19

Aiding

Answer 19

Helping someone committing a crime

Question 20

Abetting

Answer 20

Encouraging / urging another person to commit a crime.

Question 21

Accessory after the fact

Answer 21

Someone who knows that a crime has been committed and who helps the person who committed the crime to hide or escape from the police.

Question 22

Criminal Organization Offence
Identify:
- Specialties in sentencing

Answer 22

A person who facilitates a gang-related offence is just as guilty as the person who actually commits it. An extra 14 years is added.

Question 23

Arraigning

Answer 23

Reading the charge andentering the plea in all criminal cases

Question 24

Provincial Courts - Criminal Division
Identify:
- 3 purposes

Answer 24

• Arraigns the accused
• Holds preliminary hearings for indictable offences
• Hears summary convictions

Lowest court

Question 25

Provincial Superior Court - Appeals and Trials Identify: - 2 purposes - Precedent - Composition

Answer 25

- Tries indictable offences - Hears criminal appeals in summary conviction cases - Sets provincial precedent, all judges in the province must follow - Consists of a judge alone or a judge and jury.

Question 26

Provincial Court of Appeal Identify: - 1 purpose - Precedent - Composition

Answer 26

- Hears appeals from the trial division of provincial superior courts - Sets provincial precedentz - Consists of three to five judges

Question 27

Federal Courts Identify: - Purpose - Examples of Cases - Method of Appeal

Answer 27

- Deals with legal disputes with the federal government, such as immigration and citizenenship and copyright - Split into two branches, Federal Court and Federal Court of Appeal

Question 28

Law Reform Commission of Canada

Answer 28

Sets out 4 conditions for an act to be considered a crime: 1. Actions and behavior must be considered immoral by most Canadians 2. Actions must cause harm to society and any individual victims 3. The harm must be serious 4. Punishment is by the criminal justice system

Question 29

Supreme Court of Canada Identify: - Purpose - 2 ways a case can be heard

Answer 29

Highest court in the country that hears from both the provincial courts and the federal courts. There are two ways a case can be heard: - justices decide that the issue is of great importance and/or consitutional challenge - Automatic right of appeal when there is a split deision from a provincial court of appeal.

Question 30

Structure of Criminal Court System

Answer 30

Provincial Courts - Criminal Division Provincial Superior Court - Appeals and Trials Provincial Court of Appeal Supreme Court Federal Court Federal Court of Appeal Supreme Court