Definitions Flashcards

1
Q

what is “act”

A
  • an act of parliament
  • an act of the legislature of the former province of Canada
  • an act of the legislature of a province
  • an act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada
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2
Q

what is “appearance notice”

A

a notice in Form 9 issues by a peace officer

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3
Q

what is “short title”

A

criminal code

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4
Q

what is “bodily harm:

A

any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature

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5
Q

what is “complainant”

A

the victim of the alleged offense

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6
Q

what is “count”

A

a change in an information or indictment

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7
Q

what is “criminal organization”

A

same meaning as in subsection 467.1(1)
- a group, however organized, that
a) is composed of three or more persons in or outside of Canada; and
b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a merial benefit, including a fanancial benefit, by the group or by any of the persons who constitutes the group
- it does not include a group of persons that forms randomly for the immediate commission of a single offence

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8
Q

what is “day”

A

the period between six o’clock in the forenoon and nine o’clock in the afternoon of the same day

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9
Q

what is “dwelling house”

A

the whole or any part of a building or structure that is kept or occupied as a permanent of temporary residence, and includes
a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence

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10
Q

what is “every one”

A

includes “person” and “owner” and similar expressions, include His Majesty and an rganization

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11
Q

what is “highway”

A

a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes

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12
Q

what is “mental disorder”

A

a disease of the mind

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13
Q

what is “motor vehicle”

A

a vehicle that is drawn, propelled, or driven by any means other than muscular power, but does not include railway equipement

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14
Q

what is “night”

A

the period between nine o’clock in the afternoon and six o’clock in the forenoon of the following day

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15
Q

what is “offender”

A

a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty ot on a finding of guilt

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16
Q

what is “peace officer”

A

(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when
(i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or
(ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation,
(d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,
(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
(i) appointed for the purposes of section 156 of the National Defence Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;

17
Q

what is “unfit to stand trial”

A

unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;

18
Q

what is “weapon”

A

any thing used, designed to be used, or intended for use
a) in causing death or injury to any person, or
b) for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267, 272, any thing used, designed to be used or intended for use in binding or typing up a person against their will

19
Q
A