Canadian Charter of Rights Quiz

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Questions and Answers

What is the primary purpose of sections 7-14 of the Charter of Rights and Freedoms?

To protect the accused from unfair treatment during arrest and trial. (correct)

To ensure police have unlimited power during arrests.

To allow the government to interfere with citizens' rights at will.

To guarantee the absolute freedom of all Canadians.

What is the significance of 'reasonable and probable grounds' for an arrest?

It ensures police have a valid reason to believe a person was involved in a crime before they arrest them. (correct)

It allows police to arrest any individual they suspect of a crime.

It allows police to arrest individuals based on hearsay or rumor.

It is a formality that police must complete before questioning a suspect.

When does a 'suspect' legally become an 'accused'?

Upon being formally arrested by the police. (correct)

Immediately after the commission of a crime.

When they are under police investigation.

When they appear in court for the first time.

Which of the following is NOT a right guaranteed under section 7 of the Charter?

The right to absolute freedom from any restrictions. (C) Signup and view all the answers

What does the term 'security of the person' mean in the context of section 7 of the Charter?

The right to be safe from physical and psychological harm. (D) Signup and view all the answers

What is the role of 'information' in the criminal justice process?

It is the complaint under oath that a crime has been committed. (B) Signup and view all the answers

Which of these offenses would most likely result in the issuance of an 'appearance notice'?

A minor theft where the accused is not a threat to society. (C) Signup and view all the answers

Why does police need to swear information before a justice or peace of judge?

To confirm they have evidence to believe that the accused committed a crime. (C) Signup and view all the answers

In the context of plea negotiations, what is the primary reason for sacrificing legal rights guaranteed by the charter?

To streamline the justice system and reduce costs (C) Signup and view all the answers

What is the significance of the statement that going to trial is often described as a 'coin toss'?

It highlights the uncertainty and risk associated with trials (A) Signup and view all the answers

Which of the following stages in the Canadian criminal justice process does NOT involve a formal court appearance?

Arrest (B) Signup and view all the answers

What is the purpose of the Preliminary Hearing in the Canadian criminal justice system?

To assess whether there is sufficient evidence to proceed to trial (D) Signup and view all the answers

What is the primary obligation of the Crown Prosecutor in a criminal trial?

To present evidence to prove the guilt of the accused (C) Signup and view all the answers

Which of the following sentencing options is considered the least severe?

Discharge (B) Signup and view all the answers

What is the main purpose of the social contract between the public and the police?

To establish a framework for the police to enforce the law fairly and without excessive force (D) Signup and view all the answers

What constitutes excessive force in the context of the police using tasers?

Using a taser on a suspect who is already incapacitated (D) Signup and view all the answers

What is the author's position on the potential reduction of taser voltage?

Taser voltage should be reduced only if it would significantly reduce the risk of injury or death (C) Signup and view all the answers

What is the author's stance on the primary role of the police?

The police should prioritize the obligation to protect over the duty to punish (A) Signup and view all the answers

What was the key recommendation of the 2008 Public Inquiry on tasers?

Tasers should only be used in situations where other less-lethal options are unavailable (C) Signup and view all the answers

In the case of the plea bargain between the Crown and Homolka, what was the primary reason the Crown accepted the deal?

To secure a conviction against Bernardo, even if it meant accepting a lesser sentence for Homolka (C) Signup and view all the answers

What is the primary benefit of plea bargains for the accused?

They allow the accused to avoid going to trial altogether (C) Signup and view all the answers

Which of the following is NOT a factor considered by a judge during sentencing?

Popularity of the victim (D) Signup and view all the answers

What is the main purpose of the appeals process in the Canadian criminal justice system?

To correct any errors made by the trial court (C) Signup and view all the answers

What is the main difference between summary conviction offenses and indictable offenses?

The severity of the crime (A) Signup and view all the answers

According to the provided text, under what circumstance is a police officer permitted to use deadly force?

When a suspect's actions may cause serious harm or death to others. (B) Signup and view all the answers

Which document orders the accused to appear in court at a specific time and place?

A summons (D) Signup and view all the answers

What is required for a judge or justice of the peace to issue a summons or an arrest warrant?

The police must demonstrate to the judge/justice that they have reasonable grounds to believe an offence has been committed. (C) Signup and view all the answers

Under what specific condition can a regular citizen legally arrest another individual?

If the citizen witnesses the individual committing a criminal act, or believes they committed one. (B) Signup and view all the answers

What should a citizen do immediately after making a citizen's arrest?

Surrender the suspect to police as soon as possible. (A) Signup and view all the answers

What is the immediate legal requirement when someone who is detained asks to speak to a lawyer?

The police must stop questioning until the person has had a chance to speak to a lawyer privately. (D) Signup and view all the answers

If a police officer uses excessive force while arresting a suspect, what can be the legal consequences?

The officer could face criminal or civil assault charges. (D) Signup and view all the answers

What are the basic pieces of information that an arrested individual can be legally obliged to provide to the police?

Name, address, occupation, and date of birth. (B) Signup and view all the answers

Which statement best describes the police's duty relating to evidence and documentation?

Police are required to keep an accurate written record of what they see and hear at a crime scene. (B) Signup and view all the answers

Which of the following statements is true regarding body searches conducted by police?

They must be done by officers of the same sex, and only with reasonable and probable grounds that the accused has drugs. (A) Signup and view all the answers

If a person is detained, what should be the eventual result according to the content?

The person should be either arrested or released. (A) Signup and view all the answers

What requests regarding evidence are the accused allowed to refuse, except for some impaired driving offences?

Both B and C. (D) Signup and view all the answers

What does the term 'habeas corpus' refer to?

A process to determine the legality of a person's detention. (C) Signup and view all the answers

If a person is wrongfully arrested, what can they legally challenge?

The validity of any evidence collected. (D) Signup and view all the answers

What belief does the author hold regarding police duties?

That the police's duty to protect should take precedence over their duty to punish. (C) Signup and view all the answers

What is the main function of municipal police forces as described in the text?

To primarily work within cities and enforce criminal and municipal laws. (C) Signup and view all the answers

What is the main purpose of a bail hearing?

To determine if the accused should remain in custody or be released until their trial. (C) Signup and view all the answers

In the context of policing levels within Canada, how do the RCMP, the OPP and the SQ behave in some towns and cities?

They act as municipal police when there are no local forces. (D) Signup and view all the answers

What does 'reverse onus' mean in the context of pre-trial release?

The burden of proof is shifted to the accused to show why they should be released. (B) Signup and view all the answers

What is one of the ways police conduct is controlled?

Through statutes such as the Police Services Act. (C) Signup and view all the answers

What is the primary role of Duty Counsel?

To provide legal advice to those arrested. (A) Signup and view all the answers

Based on the text, what does the police's duty to arrest usually entail?

Apprehending a suspect, laying charges, preserving evidence, and preventing the accused from fleeing. (C) Signup and view all the answers

What is a 'recognizance' in legal terms?

A document stating the accused will appear in court at a later date. (A) Signup and view all the answers

What action can a person take if they believe they have been detained illegally?

File a complaint about police conduct. (A) Signup and view all the answers

What is the significance of police logs concerning crime scenes within the context of the provided text?

They are potential critical evidence in court, representing what officers observed and heard. (A) Signup and view all the answers

How would an individual be released if arrested for a minor offense such as speeding?

They would be released immediately if there is no concern. (D) Signup and view all the answers

What is the primary role of the Ontario Civilian Commission on Police Services?

To oversee and investigate police conduct in Ontario. (A) Signup and view all the answers

According to the content, what is a benefit of receiving legal aid?

It provides a way to choose your representation. (A) Signup and view all the answers

According to the Canadian Charter, what is the consequence of police misconduct or breaking the rules of police conduct?

The evidence may be inadmissible in court and the individual may be acquitted. (A) Signup and view all the answers

Which section of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person?

Section 7 (A) Signup and view all the answers

What is the purpose of having a writ of habeas corpus?

It ensures that a person is not kept in custody without due process of the law. (C) Signup and view all the answers

Under what circumstance can police search an individual without a warrant?

If they have arrested the person or believe they are carrying a concealed weapon. (C) Signup and view all the answers

If someone is released after being fingerprinted, do their fingerprints and photos get removed from the police database?

No, they do not get removed automatically. (D) Signup and view all the answers

What can the police demand from a driver during a traffic stop, as mentioned in the text?

Only the mechanics of the vehicle, license, ownership, and insurance. (C) Signup and view all the answers

What should police provide to an accused person when they are arrested?

A phone, a phone book, and the toll-free number to legal aid (D) Signup and view all the answers

What must police officers do before obtaining a search warrant for a private residence?

Swear before a judge that an offense has been committed and there is evidence at the property. (D) Signup and view all the answers

What type of warrant can be issued by phone, fax or email?

A tele warrant (A) Signup and view all the answers

According to the content, what is a situation where police may conduct a search without a warrant?

If there are reasonable grounds to believe a non-private residence contains illegal drugs. (D) Signup and view all the answers

What does section 9 of the Charter of Rights state about detention?

Everyone has the right not to be arbitrarily detained or imprisoned. (A) Signup and view all the answers

Under what circumstances does the text advise remaining silent instead of cooperating during questioning?

When waiting for a lawyer. (D) Signup and view all the answers

According to section 8 of the charter, what is an individual protected against?

Unreasonable searches or seizures (A) Signup and view all the answers

What is a requirement for police to obtain a search warrant if the information leading to suspicion of a crime comes from a confidential informant?

The officer must outline to the court why the informant is reliable before a warrant is issued. (D) Signup and view all the answers

Besides the items specifically described in the warrant, what else can police seize during a search?

Other illegal items found during the search (B) Signup and view all the answers

If permission to enter a home for a search is refused, or if no one is home, what right do the police have?

They have the right to break into the premises. (C) Signup and view all the answers

What does the charter say about being compelled to be a witness against oneself?

You cannot be compelled to witness against yourself (A) Signup and view all the answers

What evidence was crucial in proving Feeney's guilt in the second trial?

A matching pair of his fingerprints at the crime scene (B) Signup and view all the answers

Which section of the Charter protects individuals from unreasonable searches and seizures?

Section 8 (A) Signup and view all the answers

Why should Puneeta be considered guilty of assault despite her wrongful arrest?

Pushing and shoving constitutes assault regardless of circumstances. (D) Signup and view all the answers

What is indicated as a major consideration when determining the seriousness of a crime versus police misconduct?

The severity of the crime in question (D) Signup and view all the answers

What does Justice Binnie advocate against in her approach?

Prioritizing police efficiency and effectiveness (B) Signup and view all the answers

What situation allows regular citizens to make arrests, according to the belief presented?

When immediate action is needed to prevent a crime (A) Signup and view all the answers

How does the ruling in the case relate to the admission of tainted evidence?

It indicates tainted evidence can be justified in cases of serious crime. (A) Signup and view all the answers

What is one of the main controls against police conduct outlined in Canadian law?

Judicial accountability measures (C) Signup and view all the answers

What was one of the primary reasons the Crown offered a plea bargain to Karla Homolka?

To gain her testimony against Paul Bernardo (D) Signup and view all the answers

How was Karla Homolka perceived in the context of the crimes committed?

As a reluctant participant (C) Signup and view all the answers

What potential impact would the Crown's prosecution of Homolka on other charges have had on future plea bargains?

It would damage the legitimacy of plea agreements (A) Signup and view all the answers

What was the outcome of Karla Homolka's testimony in the trial of Paul Bernardo?

It was crucial in securing his conviction (B) Signup and view all the answers

What was a significant societal reaction to Homolka's plea bargain?

Mass outrage over her light sentence (D) Signup and view all the answers

How long was Karla Homolka sentenced to jail as a result of her plea bargain?

12 years (C) Signup and view all the answers

What describes the plea bargain that Karla Homolka accepted?

A deal considered a 'deal with the devil' (A) Signup and view all the answers

What is one inherent challenge faced by Paul Bernardo's defense team post-Homolka's plea agreement?

Homolka was considered a credible witness (C) Signup and view all the answers

What aspect of the justice system did many view the plea bargain with Homolka as failing?

Its ability to secure convictions (B) Signup and view all the answers

What type of remand occurs while an accused is waiting for their trial to begin?

Pre-Trial Remand (C) Signup and view all the answers

What may lead to a court's decision to remand someone into custody during a bail hearing?

A perceived flight risk or danger to the public (A) Signup and view all the answers

Why was the search of Michael Feeney's house deemed questionable by the Supreme Court of Canada?

A search warrant was not obtained (B) Signup and view all the answers

What evidence played a crucial role in proving Michael Feeney's guilt, despite its initial inadmissibility?

The bloody shirt found in his house (B) Signup and view all the answers

What is the primary purpose of a plea bargain in the criminal justice system?

To expedite guilty pleas and reduce trial loads (A) Signup and view all the answers

What is a key concern when balancing individual rights and society's safety in criminal cases?

The potential for a police state with limited individual rights. (C) Signup and view all the answers

What is the primary purpose of disclosure in the criminal justice process?

To guarantee a fair trial by revealing all evidence to the defense. (D) Signup and view all the answers

During the waiting period before the criminal trial, what crucial action should an accused individual take?

Reveal all details of the case to their defense lawyer. (B) Signup and view all the answers

If the accused admits guilt to their lawyer, what is the lawyer's ethical constraint?

They are prohibited from stating that their client did not commit the crime. (C) Signup and view all the answers

What is the purpose of a preliminary hearing in a higher court?

To determine if there is sufficient evidence to proceed with a trial. (C) Signup and view all the answers

What information is the defense attorney required to disclose to the crown?

Whether the defense will present an alibi. (A) Signup and view all the answers

What is the role of the RCMP National DNA Data Bank?

To store genetic profiles of people convicted of serious crimes. (C) Signup and view all the answers

In which instance can police sometimes obtain DNA from a suspect without consent?

When a warrant is issued. (B) Signup and view all the answers

What occurs if an accused person does not have a lawyer upon appearing in court?

They can speak to duty counsel or ask for an adjournment to obtain legal aid. (B) Signup and view all the answers

What factor determines whether a trial for an indictable offence will be heard by a judge alone or with a jury?

The court in which the case will be heard, whether provincial or superior. (D) Signup and view all the answers

What is a key characteristic of resolution discussions (pre-trial meetings) between defense and crown?

They can lead to a plea negotiation with a guilty plea for a lesser charge. (A) Signup and view all the answers

What is a potential negative consequence of plea bargaining?

It can place pressure on innocent defendants to plead guilty. (B) Signup and view all the answers

What is the meaning of an 'adjournment' in court proceedings?

A postponement of court business. (A) Signup and view all the answers

Approximately what percentage of accused Canadians enter a plea of guilty?

About 90 percent. (C) Signup and view all the answers

What is the main purpose for a Crown Attorney to engage in plea negotiations?

To avoid a trial and be sure that there is a conviction on the record. (A) Signup and view all the answers

Study Notes

Arrest Procedures and Rights

Arrests can occur at the time of a crime or after investigation. A suspect becomes an accused upon arrest.
Accused individuals have Charter rights (sections 7-14) protecting them from unfair treatment throughout the criminal justice system.
Section 7 guarantees life, liberty, and personal security; it demands respect for justice in government interference.
Liberty is at risk for an accused person upon conviction; section 7 also includes security of the person (safety from harm).
These rights are essential for ensuring legal treatment during arrest and trial processes.

Limits on Police Behavior

Police need reasonable and probable grounds to arrest, not simply suspicion of a crime.
Police have three options when ready to apprehend and charge a suspect.
Appearance Notice: Issued for less serious offenses when the suspect isn't a threat and will appear in court. Includes charges and court information; an “information” (complaint under oath) must be sworn before a judge. This ensures police have reason to believe a crime occurred and provides a foundation for charges before trial.
Arrest: Used for more serious indictable offenses. Allows police to take a suspect into custody, to lay charges, secure evidence, and prevent flight. A warrantless arrest is possible with probable grounds, but police must follow legal steps in a lawful arrest. Necessary force is allowed if the suspect resists or poses an imminent threat; excessive force is unlawful. Police can utilize deadly force if the suspect poses a threat of harm or death, flees to escape, and no alternative exists.
Arrest Warrant: Obtained when finding the accused is difficult. A summons is presented to the court, which orders court appearance. If non-compliance is predicted, an arrest warrant is issued (names or description of the accused, offenses, and arrest order). The judge or justice of peace only issues if reasonable grounds are demonstrated.
Police may detain and search individuals before arrest to gather evidence; this involves potential searches of the person.

Citizen's Arrest

A citizen can arrest if witnessing a crime or believing a crime was committed; belief must be reasonable, and no excessive force can be used.
Suspect must be immediately surrendered to police.
Clear indication of arrest is required by the citizen.
Unreasonable actions can lead to legal repercussions for the citizen (lawsuit). Section 494 of the criminal code outlines this.

Police Duties

Police have various responsibilities, including crime prevention, law enforcement, victim assistance, maintaining order, emergency response, investigation, maintaining peace, apprehending criminals, laying charges, participating in prosecutions, executing warrants, performing duties assigned by the chief, enforcing laws, and completing required training.
Police officers must keep accurate logs (records) of events, which can be crucial evidence in court.
A police officer's duty upon arrest includes searching the arrested person for evidence, and a more thorough search might happen at a police station, and may involve frisks, body searches (if drug-related) with rubber gloves being worn. Such expansive searches require reasonable and probable grounds. Same-sex officers are involved in a body search. Police actions are subject to trial court approval.
Fingerprinting and photography are authorized.
Removal of fingerprints after acquittal is not automatic.

Charter Rights (Sections 7-11)

Section 7: Life, liberty, and security of the person.
Section 8: Security from unreasonable search and seizure.
Section 9: Freedom from arbitrary detention or imprisonment.
Section 10: Information on arrest/detention reasons, counsel, and habeas corpus.
Section 11: Right to timely trial, not being compelled to testify against oneself, presumption of innocence, reasonable bail, and jury trial options.
Rights related to not being tried twice for the same crime.

Rights During Searches

Warrants are needed to lawfully search a residence, except in certain situations (specific items that are detailed in the warrant can only be seized unless otherwise illegal items are found upon search.)
Items seized are typically stored for court up to three months depending on need. If a home is empty, police can enter the premises.

Telewarrants and Exceptions

Telewarrants are used to expedite warrants for remote areas.
Controlled Substances Act permits warrantless searches of premises believed to contain illegal drugs
Warrant-less searches can also be performed due to time constraints or surprise entry needs and this usually applies to weapons too.

Rights During Detention

Detention must be legitimate, leading to either arrest or release.
The person can refuse to answer questions while detained legally.
Wrongful detention allows for complaints against police.
Illegal evidence collected from arrest can be challenged to the court by the accused.

Arrest Rights

Accused must be informed about legal aid, duty counsel, and provided with legal assistance.
Accused can refuse to answer other questions except those necessary to lay charges, such as name, address, and DOB.

Release and Bail Procedures

Release after arrest (pre-trial) may be granted immediately or after processing.
Bail involves a deposit to ensure court appearance in exchange for freedom.
Severe offenses may require reverse onus(burden of proof on accused).
Conditions on release can include curfews or restrictions on contact.

Rights During Trial Preparation

Consult with criminal defence counsel before trial.
Accused must disclose any information in the case to their lawyer for the best possible defense.
Disclosing whether a defense alibi exists.
Crown disclosure of their evidence is a key part of a fair trial.
Police evidence is examinable by both sides.
DNA samples can be obtained from individuals.

Trial Process

Provincial Court Judge sets trial date.
Duty counsel or legal aid is available.
Plea can be guilty, not guilty, or not guilty by reason of insanity.
Options for trials can include judge alone or judge and jury.

Plea Negotiations

Plea negotiations are common and can save courts time and money.
Can result in a guilty plea to a lesser charge.
Moral and practical considerations exist, including the possible pressure faced by innocent defendants.

Police Conduct and the Police Services Act

Police conduct is controlled through legislation (Acts), judicial precedent, administrative oversight (such as the Ontario Civilian Commission), and constitutional rights.
Illegitimate police conduct can lead to evidence being nullified, acquittal, and possible criminal/civil action against police.
Balance of individual rights and societal safety is necessary in policing.

Additional Topics

Remand: Detention of an accused before trial or further procedures.
Independent Investigations Office (IIO): Investigates police conduct in serious incidents.
Insignificant or Minor cases: Details of these are given in the text with specifics regarding court cases.
Tasers: Police use of tasers is discussed from a legal standpoint.
Police Procedures and Principles: Specific issues related to police behavior are described.
Case Studies: Detailed information about specific legal cases (Homolka, Feenie, Harrison, Asante-Mensah) is addressed.
Important Court Cases: Cases like R v. Feenie, R v. Harrison , and R v. Asante-Mensah, and R v. Homolka are analyzed.

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Description

Test your knowledge on the Charter of Rights and Freedoms in Canada, focusing on sections 7-14 and their implications in the criminal justice system. Explore concepts such as reasonable grounds for arrest, the transition from suspect to accused, and the significance of legal rights during trials.