Law and Courts Flashcards

(41 cards)

1
Q

What is the main focus of Criminal Law?

A

The public nature of the law, addressing wrongs against the community as a whole.

Criminal law is distinct from civil law, which deals with wrongs against individuals.

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2
Q

What does Civil Law deal with?

A

Wrongs against the person harmed.

Civil law focuses on compensating the victim rather than punishing the offender.

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3
Q

List the three levels of government in Canada.

A
  • Federal Government
  • Provincial Government
  • Municipal Government

Each level has specific responsibilities and powers.

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4
Q

What are some responsibilities of the Federal Government in Canada?

A
  • Criminal Law
  • Customs
  • Currency/Banking
  • Immigration
  • Income Tax
  • Elections

The federal government handles national issues and law enforcement.

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5
Q

What are some responsibilities of Provincial Governments in Canada?

A
  • Education
  • Traffic Safety Act
  • Liquor + Gaming
  • Fish/Wildlife
  • Mental Health

Provincial governments manage local affairs and services.

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6
Q

What are some responsibilities of Municipal Governments in Canada?

A
  • Zoning
  • Parking
  • Transit
  • Detention
  • Property Tax

Municipal governments focus on local community issues and services.

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7
Q

True or False: Criminal Law is a wrong against the individual.

A

False

Criminal law is focused on offenses against the community, not just individuals.

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8
Q

Fill in the blank: The _______ Government in Canada is responsible for criminal law.

A

Federal

The federal government has the authority to enact and enforce criminal laws.

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9
Q

What is the primary purpose of the Court of Kings Bench?

A

To hear and decide cases related to common law, particularly serious criminal offenses and civil disputes.

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10
Q

Which type of law does the Court of Kings Bench primarily deal with?

A

Common law

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11
Q

What types of matters do the Provincial Court of Alberta try?

A

Most criminal and civil matters, generally up to $25,000

Includes Youth Court and Family Court matters.

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12
Q

What types of offences are heard by the Provincial Courts?

A

Summary conviction offences, less serious indictable offences, and preliminary inquiries

Specified in the Criminal Code.

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13
Q

How many Provincial Courts are there in Alberta?

A

65 Provincial Courts

Over half are circuit courts that are not in session full-time.

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14
Q

Who hears cases in the Provincial Court of Alberta?

A

Provincial Court Judges appointed by the Province of Alberta

They do not conduct jury trials.

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15
Q

What is the role of the Court of Queen’s Bench of Alberta?

A

It is the Provincial Superior Court and handles appeals and serious cases

Deals with Criminal Code appeals, serious indictable offences, and civil cases over $25,000.

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16
Q

Can the Court of Queen’s Bench conduct jury trials?

A

Yes, it can conduct trials by judge or jury.

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17
Q

What is the highest level of court in Canada?

A

Supreme Court of Canada

18
Q

How many judges are on the Supreme Court of Canada?

A

Nine judges

One is appointed as the Chief Justice.

19
Q

What is the function of the Supreme Court of Canada?

A

It is the final court of appeals in the Canadian justice system.

20
Q

Decisions by the Supreme Court have impacted which legal framework?

A

Canadian Law, including the Criminal Code.

21
Q

True or False: Provincial Courts conduct jury trials.

22
Q

Fill in the blank: The Provincial Court of Alberta deals with civil matters generally up to ______.

23
Q

What is a notable characteristic of circuit courts in Alberta?

A

They are not in session full-time.

24
Q

What website provides more information about the Provincial Court and Court of Queen’s Bench?

A

albertacourts.ca

25
Who commonly applies Section 494(2)?
AHS Community Peace Officers
26
What authority do AHS Community Peace Officers have under Section 494(2)?
To arrest for any criminal offence found in the Criminal Code of Canada if the 'finds committing' element is present
27
What types of offences can AHS Community Peace Officers arrest for under Section 494(2)?
Any criminal offence including strictly summary conviction offences
28
Fill in the blank: Section 494(2) is most commonly applied by _______.
AHS Community Peace Officers
29
True or False: AHS Community Peace Officers can only arrest for indictable offences under Section 494(2).
False
30
What is a requirement for AHS Community Peace Officers to exercise their authority under Section 494(2)?
The 'finds committing' element must be present
31
What is a conviction offence?
A conviction offence is an offence that results in a conviction.
32
Can an AHS Peace Officer working in a hospital arrest someone for a strictly summary offence? YES / NO
YES
33
What are the powers of Community Peace Officers following an arrest?
Community Peace Officers have the authority to search for: * Weapons * Tools of escape * Evidence directly related to the offence for which the individual is being arrested ## Footnote This is primarily to ensure officer and public safety upon arrest.
34
What must searches following an arrest be?
Searches must be truly incidental to the arrest in question. ## Footnote This is based on the legal principle established in R. v. Caslake, [1998] 1SCR 51.
35
What items are Community Peace Officers not allowed to search for during an arrest?
Community Peace Officers are not allowed to search for items like identification or other items which they believe the individual may have on them (i.e., drugs).
36
What is a key question courts consider to determine the validity of an arrest?
Was the arrest and/or search and use of force reasonable under the circumstances? ## Footnote This question guides the assessment of the appropriateness of police actions during an arrest.
37
What must a reasonable person conclude regarding an officer's actions?
Would a reasonable person come to the same conclusion that the officer did respecting their actions? ## Footnote This assesses the objectivity of the officer's decision-making process.
38
According to R. v. Storrey [1990], what must a reasonable person in the officer's position conclude?
There were indeed reasonable and probably grounds for the arrest. ## Footnote This emphasizes the necessity for a justification based on perceived circumstances.
39
What is necessary for an officer to conduct a valid arrest?
An officer must be able to articulate their actions which led them to a reasonable conclusion. ## Footnote This means the officer should explain the rationale behind their decision based on available information.
40
True or False: An arrest can be considered reasonable even if the officer's conclusion was incorrect.
True ## Footnote The perception and belief of the officer at the time can justify the arrest, even if proven wrong later.
41
What section assists AHS Peace Officers when individuals use fear to stop or impede others from obtaining health services
Section 423.2(1) Intimidation - Health Services