Final

Question 1

What are some of the primary reasons doe case backlog and delay?

Answer 1

Lack of judicial resources, ineffective use of resources, too few judges, complexity of criminal cases, inadequate case flow management, efforts of defence counsel to lengthen period of time that accused are confined prior to trial (bc can be taken off of sentence)

Question 2

What ruling redefined the constitutional right to trial within a reasonable time?

Answer 2

R. v. Jordan (2016 SCC 27)

Question 3

What was the procedure for appealing delayed cases before Jordan?

Answer 3

Judges could determine that case delay violated constitutional right to be tried within a reasonable time (sec. 11) and order a stay of proceedings or dismissal

Question 4

What was established in Jordan?

Answer 4

Timelines for the disposition of cases in the courts from the time the person is charged to the actual or anticipated end of trial. 18 months for cases in prov. court, 30 months for superior court (or cases in prov court after prelim inquiry)

Question 5

Under Jordan what happens to cases that go too long without trial?

Answer 5

They are dropped.

Question 6

What is the exception for the timelines in Jordan?

Answer 6

If the defence is the one delaying, then that’s on them.

Question 7

What is the role of the judge?

Answer 7

Interpret law, asses whether or not evidence can be admitted, rules on motions made by the crown counsel and defence lawyer, determines the truthfulness of evidence, most cases also includes making decision of guilt, passing sentence, serve as gatekeeper of evidence.

Question 8

Who was the judge that got removed from the bench? What happened?

Answer 8

Judge Robin Camp. Was ruling over a sexual assault trial and made many blaming comments, very inappropriate and acquitted the accused. Was referred to Canadian judicial committee and then 2 years after he was removed from bench.

Question 9

What is the flaw of having lawyers be promoted lawyers?

Answer 9

When they are lawyers they are specialized in something, but then they become general judges and have to know things they don’t.

Question 10

What do JPs do?

Answer 10

issue search warrants, conduct bail hearings, preside over regulatory offence hearings, preside in small claims court, work in court registries, handle court scheduling.

Question 11

What does the crown counsel do?

Answer 11

Lawyers that represent the crown in court, prov. appointed ones prosecute criminal code offences, fed appointed ones prosecute people charged with violating federal offences.

Question 12

What is the role of defence lawyers?

Answer 12

Ensure rights of accused person are protected, often involved in negotiating plea for their client, present evidence against crown, question and cross-examine witnesses, challenge evidence presented by crown.

Question 13

What is an expert wintess?

Answer 13

Person who has expertise to testify about something in court.

Question 14

What is duty counsel?

Answer 14

Part of a provincial or territorial legal aid plan, ensure that people who cannot hire a private lawyer have representation, first point of contact for detained or arrested person.

Question 15

What is the eligibility for duty counsel?

Answer 15

Must make less than 26,500.

Question 16

What is the agreement to pay program and the eligibility?

Answer 16

Can pay off the cost of a lawyer over time without interest, unless you miss a payment. Must make less than 38,000.

Question 17

What are other personnel in the courtroom?

Answer 17

Court administrators/clerks: performa variety of administrative tasks, most importantly stenography.
Sheriffs: support the court by assisting in jury management, escorting accused and convicted persons and providing security in the courtroom.

Question 18

How do summary conviction offences get adjudicated? Arrest? Remand? Max punishment?

Answer 18

Through a provincial court with a judge alone trial. Unlikely that one would be formally arrested or taken into custody. Max punishment of 5000 dollars or 6 months in jail or both.

Question 19

What are some examples of summary offences?

Answer 19

Simple assault, trespassing, public disturbance, failing to appear in court, public intoxication, theft under 5000, violating probation.

Question 20

What are hybrid offences?

Answer 20

Under section 553 of CC, more serious than summary but not the most serious. The crown has the option to proceed summarily or via indictment. Bench trial with an 18 month deadline.

Question 21

What is an indictable offence?

Answer 21

It is the most serious kind of offence, carries a maximum prison sentence of 14 years to life. Ex. murder, robbery and aggravated sexual assault.

Question 22

What are the three categories of indictable offence?

Answer 22

Offences under the absolute jurisdiction of provincial court (no jury), offences under the absolute jurisdiction of superior courts
electable offence (right of accused to choose to be tried by judge or jury.)

Question 23

What are some example electable offences?

Answer 23

manslaughter, robbery, attempted murder.

Question 24

What offences are non-electable? What does that mean for the type of trial?

Answer 24

Under section 469. Murder, treason, piracy. The cases must be tried in front of jury unless both parties agree against it.

Question 25

What is a preliminary hearing?

Answer 25

Hearing to determine whether or not there is sufficient evidence to warrant a criminal trial, aka is is prima facie.

Question 26

What goes down in a pre-lim hearing?

Answer 26

Magistrate or provincial court judge listens to some or all of the crown witnesses. Judges decides if Crown has evidence that could be used to prove guilt.

Question 27

What is preferring the indictment?

Answer 27

Rare care where the attorney general can skip the prelim hearing and go straight to trial.

Question 28

Can accused waive their right to prelim hearing?

Answer 28

Yes.

Question 29

What is an electable offence?

Answer 29

Most indictable offence, means the accused has three modes of trial to choose from.

Question 30

What are the three modes of trial for electable offences?

Answer 30

1. trial by a provincial or territorial court judge 2. trial by a superior court judge sitting alone 3. trial by a superior court judge and jury

Question 31

What is the reasoning between choosing or not choosing a jury trail?

Answer 31

Jury: if defendant is attractive, charismatic, etc.. Judge: easier to prove innocent to one person than 12, if you're not gonna be likeable there is no point to jury trial

Question 32

Charter of rights and freedoms guarantees the right to a jury trial is the alleged offence carries a maximum sentence of more than ___ years imprisonment?

Answer 32

5

Question 33

What are the legal rights for every citizen under chapter 11?

Answer 33

to be informed without reasonable delay of the specific offence, to be tried within a reasonable time, not to be compelled to be a witness in proceedings against that person in respect of the offence, be presumed innocent until proven guilty, not be denied reasonable bail without just cause, to benefit by trial by jury, not be found guilty on account or omission unless at the tie of the act it was illegal.

Question 34

When is a bail hearing needed?

Answer 34

When someone is formally charged.

Question 35

Who's job is it to prove that bail should be denied? What is the process called?

Answer 35

The prosecution. The process of changing.

Question 36

When is someone not entitled to bail?

Answer 36

When they are proven as a flight risk, pose a severe pervasive threat to another citizen, criminal history that shows non-compliance with past bail orders.

Question 37

Are most people granted bail? Why?

Answer 37

Yes, it is a high standard for someone to be denied it.

Question 38

What is a PRA?

Answer 38

Prison risk assessment, to figure out what security level of prison to get sent to.

Question 39

Is solitary confinement a thing in Canada?

Answer 39

Not technically, thus it's called something different.

Question 40

What is the loophole with solitary confinement?

Answer 40

Not supposed to fo it for more than 60 days but someone could be transferred to another jail on 59th day and start again.

Question 41

What is miltary law?

Answer 41

Type of mall for those involved in the military. Has different crimes, like adultery. If a married woman is sexually assaulted and they cannot find the accused guilty they will then charge the woman for adultery.

Question 42

What is an appearance notice?

Answer 42

A document that sets out the details of the allegation against accused, issued following the laying of information. Warns accused of failure to show up, details what offence was committed and has date and time of court hearing.

Question 43

What is specific about an appearance notice for an indictable offence?

Answer 43

Has a date for the accused to get fingerprinted.

Question 43

What is a summons?

Answer 43

Document given in person by a police officer to someone formally charged with a crime, has allegation and direct the person to appear in court on a certain day. Can also be used for witnesses.

Question 43

What is different on an appearance notice for youth?

Answer 43

There is a section emphasizing the right for youths to obtain counsel

Question 44

What are the reasons for keeping someone in custody after arrest?

Answer 44

Charge contains a maximum sentence of more than 5 years, police have reasonable belief that the accused will not appear in court, we believe it is necessary for public safety to detain the accused. These reasons must be formally tested by a judge at bail hearing.

Question 45

What is undertaking by counsel?

Answer 45

For less serious cases, where person is formally arrested but held for bail hearing, person being released is not a threat to the public. The legal counsel declares that they are responsible for you and attest that you have received a copy of the document with the hearing date and allegation. Can have conditions like curfew

Question 46

What is a surety?

Answer 46

Legally binding document where someone over 18 agrees to perform an act like assuring an individual attends trial.

Question 47

What is required to be a surety?

Answer 47

Permanent resident or citizen, no criminal record or be party to the same offence call police of any bail violations, must be able to financially support the accused.

Question 48

What happens if accused doesn't show up to court?

Answer 48

surety pays a fine

Question 49

What are conditions of bail?

Answer 49

no drugs or alcohol, house arrest, no contact order, statutory conditions (like reporting to a bail supervisor), urine tests, can't own firearms.

Question 50

what is remand?

Answer 50

Custody for those who have been charged and detained and have either been denied bail, are waiting to appear for bail, awaiting sentencing, or awaiting commencement of custodial sentence.

Question 51

Is a warrant needed to remand someone?

Answer 51

Yes, from JP or judge

Question 52

Why is detention pre-trial not advisable?

Answer 52

It is expensive, no programming offered bc not yet accused (so no focus on improvement, just being held), bad for mental health.

Question 53

What percentage of inmates in Manitoba have not yet been adjudicated as guilty or formally sentenced? Why?

Answer 53

65%. The system is very slow, inefficient and backlogged.

Question 54

What percentage of remand occupants are in for non-violent charges? Why is it so high?

Answer 54

70%. Becuase its mostly based on whether or not they think they will show up. That targets unhoused people, drug addicts, mentally ill, becomes a substitute for programs.

Question 55

What percentage of people are in remand for violating administrative offences? (like failure to appear or breaching probation)

Answer 55

~25%

Question 56

What does it mean for someone to be unfit to stand trial?

Answer 56

Under section 1 of criminal code, when someone is unable on account of mental disorder to conduct a defence at any stage of proceedings or to not be able to understand the nature or object of proceedings, consequences, and properly communicate with counsel.

Question 57

How does fitness get established?

Answer 57

Defence requests a hearing to evaluate fitness, which is usually contested by prosecutor. Must get psychiatric evaluation within 30 days after the mation has been made

Question 58

What happens if accused is found unfit?

Answer 58

Held indefinitely and reevaluated every 6 months. Case may get stayed if no progress is expected.

Question 59

How can someone be found fit after being found unfit?

Answer 59

The psychiatrist and provincial review board have to approve.

Question 60

What is arraignment?

Answer 60

Plea hearing, where charges are read and plea is entered. Guilty goes directly to sentencing, cannot take back plea. Not guilty goes to trial.

Question 61

Do you have to be factually innocent to plead not guilty?

Answer 61

No

Question 62

What is plea bargaining?

Answer 62

Discussions between defence and crown surrounding the charged facing the accused.

Question 63

What did the SCC hold about plea bargaining in 2016?

Answer 63

It was an essential element of the cjs, because we cannot take every case to trial. But the public doesn't like plea deals.

Question 64

What is charge bargaining?

Answer 64

Negotiation over amending or dropping certain charges in exchange for a guilty plea. Willing to plead to certain charged but not all. These decisions are almost always made without victim's input.

Question 65

What is count bargaining?

Answer 65

Negotiation to lower the amount of counts charged for. Stay of proceedings are entered for the counts excluded. In some cases prosecutors will overcharge a lesser offence to even it out.

Question 66

What is fact bargaining?

Answer 66

Negotiation of the agreed statements of facts. Which can include, excluding certain victims names, excluding that some of the victims were children, don't establish spouds as involved.

Question 67

What is procedural bargaining?

Answer 67

Negotiation over proceeding of trial, like proceeding summarily and not indictably, requesting specific judge or prosecutor, request closed courtroom, request specific prison or provisions in jail.

Question 68

What is sentence bargaining?

Answer 68

Negotiation of sentence. Crown can promise the possibility of a lower sentence by: withdrawing charges, reducing to lesser charge, asking judge to run prison sentences concurrently, agreeing to joint submission about sentencing. Judge has to agree to it.

Question 69

What is the only requirement of a plea bargain?

Answer 69

The accused entered into it freely.

Question 70

Can the crown offer money to offenders for confessions or info?

Answer 70

No but they can grant it.

Question 71

What are some example of the crown giving money for info?

Answer 71

Shaun Lamb and Clifford Olsen (cash for bodies). Clifford killed a bunch of people and to be able to prosecute him they had to find the over 30 bodies. He got 30 000 for telling them where the bodies were.

Question 72

What did the court of appeal deem about the cash for bodies?

Answer 72

It is constitutional to pay for information if requested.

Question 73

What is considered a key concept of criminal justice? (Hint court assignment) Why?

Answer 73

Open court principle which holds that except in certain circumstances, every stage of court process must be open and accessible. Bc accountability.

Question 74

What are the special reasons for a closed court?

Answer 74

Child sexual abuse victim going to testify. If offender is related to the victim then the trial will be closed the whole time, if not then it will just be closed for the one day. Also have publication ban.

Question 75

What evidence is included in disclosure of evidence?

Answer 75

All relevant info including: names and addresses of persons the crown intends to call as witnesses, results of any examination tests on the accused, material from wiretaps and surveillance, names of expert witnesses.

Question 76

What was held in R. v. Stinchcombe 1991?

Answer 76

Crown is required to give the defence access to all evidence that might be presented in a trial, including exculpatory evidence.

Question 77

What was held in R. v. Mcneil 2009?

Answer 77

Duty is placed on crown to disclose any record of misconduct by investigating police officers.

Question 78

What is the general process once someone is charged?

Answer 78

Arraignment -> selection of jury and appointment of foreperson -> crown says their opening statement -> witnesses are examined by crown -> defence starts questioning once crown ahs no more questions -> prosecution rests once they think they have established proof -> defence lawyer tries to dismiss - > the judge denies usually -> witnesses examined by defence -> crown presents rebuttal if there is new evidence -> defence can then sub-rebuttal -> closing arguments -> verdict is deliberated

Question 79

Can the jury communicate with anyone during deliberation?

Answer 79

They can write notes to the judges saying they don't know what to do.

Question 80

What happens with a hung jury?

Answer 80

mistrial

Question 81

What must be proven by prosecution in a criminal trial?

Answer 81

identity of the accused, guilt, no reasoning behind it.

Question 82

What is nullification of the law?

Answer 82

Make the argument that the law violated is not reasonable, unconstitutional or inconsistent with principals of justice in some way. Done by juries, but they are not told of that option.

Question 83

Why is it harder to see nullification in Canada?

Answer 83

Juries are not allowed to publicly disclose reasons behind their decisions.

Question 84

What happened in the Krieger case?

Answer 84

He had a certificate to grow medicinal marijuana for himself, he was selling it, he was charged with distribution of controlled substances. The jury found him not guilty bc even though he was guilty they didn't think what he did should be illegal. It was upheld at level of the SCC.

Question 85

What happened in the Latimer case?

Answer 85

Hi daughter was very ill and had been through many extensive and painful spinal surgeries, they were gonna have to do another one without anesthesia bc she was allergic, he tried to get them not to but they wouldn't so he asphyxiated her in his car. The jury said that he should only be charged with manslaughter but they recommended only a one year sentence bc of the reasons behind his decision. But the judge said if you find him guilty of manslaughter there is no nullification and he has to get the min sentence. This was upheld by SCC, no partial nullification.

Question 86

Where is there cover for emotional distress?

Answer 86

Only civil court not criminal.

Question 87

What was established in Canadian victims bill of rights? 2015

Answer 87

Victims can seek financial redress for the harm caused by victimization (only if the accused is found guilty). Victim can get financial cover for more than just physical property, which includes paying for medication, loss of income etc.. Victims must be kept in the loop about updates in their case.

Question 88

What are some things victims are required to do?

Answer 88

Be compelled to testify, have no right to remain silent, not allowed to be courtroom prior to testimony.

Question 89

What is a victim impact statement?

Answer 89

A statement that a victim can read to the judge if offender has been found guilty, detailing impact of their victimization.

Question 90

What are the goals of sentencing?

Answer 90

Utilitarian (general/specific deterrence, rehab or incapacitation. Retributive (an eye for an eye, proportional sentencing to harm caused) Restorative (resolve problem, protect public)

Question 91

What are the sentencing options?

Answer 91

Discharge, fine, forfeiture, prohibition, incarceration.

Question 92

What are the types of discharge?

Answer 92

Absolute: offender is found guilty but not convicted, criminal record only for one year and then removed. Conditional: offender is found guilty but released, must comply with conditions of probation. No criminal record once/if conditions are met

Question 93

What is forfeiture?

Answer 93

convicted offenders required to surrender proceeds of crime to crown

Question 94

What is prohibition?

Answer 94

Conditions attached to sentence that forbid certain activities, possessions, contact or other behaviour.

Question 95

What are the sentence types?

Answer 95

Suspended: convicted of the offence but sentence is suspended pending successful completion of probation conditional: offender receives term of confinement and serves it in community (typically house arrest) intermittent: custodial sentence served on a part-time basis (weekends) imprisonment: offender is sentenced to a period of confinement in prov. or fed. institution.

Question 96

When are sentences stacked when are they not?

Answer 96

Criminal code offences except for homicide run concurrently. Provincial acts or homicides run consecutively.

Question 97

What is a Pre sentence report? PRS

Answer 97

Document that encompass everything from offenders' background, history, relationships, etc.. anything that can mitigate or aggravate the offence.

Question 98

What is a dangerous offender designation? DOD

Answer 98

Declare a person dangerous if they are given inter-determinate sentence upon conviction, very violent crime, pattern of committing serious violent offences. Offender is detained in federal prison with no set release.

Question 99

When is application for DOD submitted?

Answer 99

After conviction, before sentencing.

Question 100

How is DOD proven necessary?

Answer 100

At least one serious personal injury offence with a pattern indicating offender has difficulty controlling behaviour, offender constitutes a threat to safety of other person.

Question 101

What is a procedural defence? Examples?

Answer 101

Not called into question whether or not accused is at fault, but if whether or not how you ended up in court was legal or not. Most commonly its based on a violation of charter rights, can evidence be admissible? But can also apply to malicious prosecution or validity of the law.

Question 102

What is a justification defence?

Answer 102

Proving identity but saying there is a valid reason behind it.

Question 103

What is an alibi defence?

Answer 103

Saying it wasn't you who committed the crime.

Question 104

What is a mental disorder defence?

Answer 104

It was you but you were under the control of a mental disorder or mental state that incapacitated you.

Question 105

What are all the justification defences?

Answer 105

consent, duress, necessity, self defence, battered woman syndrome, provocation

Question 106

What are all the mental disorder defences?

Answer 106

NCR, involuntary intoxication, automatism

Question 107

What case established automatism as a defence? Explain

Answer 107

Parks case 1992

Question 108

What case established battered woman syndrome? Explain

Answer 108

Lavallee case in 1990 Woman was physically abused by her spouse, one night after being assaulted she shot him. Originally charged with 2nd degree murder bc there was no longer an immediate threat, it was then argued that she suffered from battered woman syndrome and the fear was justified bc of patterns of abuse. Found not guilty, crown appealed, but it was held as a reasonable defence.

Question 109

What is the requirement for battered woman syndrome?

Answer 109

As of 2012 it can apply to woman battered by another woman as well, has to have been assaulted twice or more by intimate partners.