Canadian Charter of Rights Quiz

The right to be free from unjust or arbitrary interference by the government.

A person who has been formally accused of committing a crime.

A document that outlines the charges against the accused and the time and place of the court appearance.

A sworn statement by a police officer that a crime has been committed.

The legal grounds that must be established before a police officer can arrest a suspect.

The right to be free from physical and psychological harm.

The state of being free within society from oppressive restrictions.

A system of checks and balances to ensure fair treatment of the accused during arrest and trial.

A legal ruling that someone is not guilty of a crime.

A formal document issued by a court that gives police the legal authority to search a place or arrest a person.

Police can search someone without a warrant if they have been arrested or if the police believe they are carrying a concealed weapon.

A legal procedure where a judge decides if a person's detention is legal.

A situation where evidence obtained illegally may be deemed inadmissible in court.

A hearing where a judge determines if there is enough evidence to proceed with a trial.

The Ontario Civilian Commission on Police Services (OCCPS) oversees police conduct in Ontario.

A type of search warrant issued by phone, fax, or email that allows police to obtain warrants quickly.

Police officers must swear before a judge or Justice of the Peace (JOP) that a crime has been committed and that they have reasonable grounds to believe evidence exists on the property.

A warrant can only be used to search a residence on the date indicated.

The police have the right to break into a residence if they have a search warrant and permission is refused or if no one is home.

The process of taking a suspect into custody by the police for a serious indictable offense.

An official document issued by a judge or justice of the peace that orders a suspect to appear in court.

A warrant issued by a judge that authorizes the police to arrest a suspect. This is used when the police have difficulty finding the accused.

The act of a civilian detaining a person believed to have committed a crime.

The use of force by a police officer during an arrest that is considered excessive and infringes on the accused's right to be free from harm.

A written record kept by a police officer of what they see and hear at a crime scene.

A thorough search of a suspect's body conducted by police after arrest, often involving searching hair, mouth, and other body parts.

The process of collecting and recording fingerprints from a suspect after arrest.

A line of people organized by police for identification purposes. The victim or witness is asked to identify the suspect from the lineup.

A test used by police to assess a suspect's truthfulness by measuring physiological responses.

A test used to assess a suspect's blood alcohol content or other substances.

A test used to obtain DNA samples for analysis.

The main police force in Canada, serving as the national police force and the provincial police force in most provinces and territories.

The process of the Crown lawyer revealing all evidence against the accused to the defense early in the proceedings. This ensures a fair trial for the accused, allowing them to prepare a defense.

A meeting between the defense lawyer and Crown attorney before trial to attempt to resolve the case without going to court. This may involve discussing a plea bargain or other settlements.

An agreement between the accused person and the Crown where the accused pleads guilty to a lesser charge in exchange for a reduced sentence or other terms.

A process where the accused makes a formal statement in court regarding whether they are guilty or not guilty of the charges.

A hearing in provincial court for serious offences where a judge decides if there is enough evidence to proceed to a trial in a higher court.

Protecting the rights of individuals while ensuring the safety and security of society. Balancing these two concepts is challenging, requiring careful consideration of individual freedoms and public protection.

A system where the state has excessive power and individuals have limited rights, potentially leading to police intrusion and suppression of dissent.

A legal professional specializing in defending individuals accused of crimes and representing their interests in court.

A process where the defense attorney has to reveal to the Crown whether they will present an alibi defense to the charges. This allows the Crown to investigate the alibi if necessary.

Evidence that may be presented to a judge in court to support or disprove the charges against the accused. This can include physical objects, witness testimony, and scientific evidence.

The process of examining all the items and information collected by the police during their investigation. This helps determine what evidence will be used in court.

A database maintained by the RCMP that stores genetic profiles of individuals convicted of serious crimes. It helps law enforcement agencies link crimes and identify suspects.

A DNA profile created from a sample collected from an individual, often used in criminal investigations to match DNA found at crime scenes.

A system of justice in which a jury of citizens decides on the guilt or innocence of the accused. This is one option for trials in provincial superior court.

A situation where a person is stopped by police for questioning. Though not under arrest, the individual is not free to leave.

A legal right of an individual detained by police to refuse to answer questions, except for basic identification information.

The legal requirement for police to either arrest a detained person or release them. Detention cannot continue indefinitely.

A legal claim that can be made by an individual who was illegally detained against their will. This can involve complaints against police conduct.

A person's right to contact a lawyer immediately upon being arrested, which must be honored by authorities.

A government-employed lawyer available to provide criminal defense assistance to those who are arrested and appear in court for the first time.

The right of an arrested person to refuse to answer any questions beyond basic identification information needed for charging (e.g., name, address).

A type of pre-trial release where the accused is released immediately after arrest, as police believe they pose no further danger and will appear in court.

Similar to immediate release, but the accused is taken to the police station for processing (fingerprints, photos) before being released.

A type of pre-trial release where the accused deposits money or property as a guarantee to ensure their appearance in court. If they fail to appear, the money or property is lost.

A legal principle where the accused bears the burden of proving why they should be released, typically used for serious offenses or those charged while out on bail for another crime.

A legal document stating an accused's acknowledgement of the charges and promise to appear in court on a specified date, often used in conjunction with bail releases.

A legal remedy used to challenge wrongful detention or denial of a bail hearing. It forces the authorities to bring the accused to court to explain the reasons for detention.

A fundamental principle of civil democracy protecting individuals from unlawful detention, ensuring that no person is held without due process or legal justification for their detention.

The act of resisting arrest, even if the arrest is wrongful, can be considered a crime itself. This is because individuals are expected to comply with the law, even when facing an unlawful arrest.

This doctrine balances the need for effective law enforcement with the protection of individuals' rights. It recognizes that sometimes admitting tainted evidence is justifiable if it prevents a serious crime from going unpunished.

The process of formally accusing someone of a crime.

A legal agreement where an accused person pleads guilty to a lesser charge in exchange for a reduced sentence.

A type of evidence that is considered unreliable or obtained illegally, and therefore cannot be used in court.

The act of formally accusing someone of committing a crime.

The level of proof that is needed to convict someone of a crime. It means that the prosecutor must convince the judge or jury that the accused is guilty beyond any reasonable doubt.

An official order issued by a court requiring someone to appear in front of a judge or other court official.

The legal decision made by a judge or jury that determines whether an accused person is 'guilty' or 'not guilty' of a crime.

The detention of an accused person in custody while they await trial or further court proceedings.

A type of legal agreement where the accused will be held in custody without bail. This is usually decided by the court after considering factors like risk of flight or danger to the community.

The formal process of releasing the accused on bail, allowing them to be freed from custody with conditions (e.g., reporting to police, curfews).

The legal process of formally charging someone with a crime. The accused is informed of the charges and their rights.

The process of holding someone in custody while they are awaiting trial or further court proceedings. It can occur after arrest or at a bail hearing.

Plea negotiations are a process where the accused agrees to plead guilty in exchange for a lesser sentence, saving time and resources for the court system. It is a trade-off between legal rights and efficiency.

The "social contract" in this context refers to the implicit agreement between society and law enforcement. The public agrees to follow the law, while the police agree to uphold the law fairly and use force only when necessary.

Tasers are intended as a less-lethal alternative to firearms for law enforcement. They use electrical currents to subdue suspects, aiming to incapacitate without causing fatal harm.

Excessive force refers to using more force than is absolutely necessary to control a situation or detain a person. It is about using force that is proportionate to the threat posed.

Police officers are trained in the safe and effective use of tasers. They are required to use them only when there is a clear and present danger, and with appropriate force.

The priority of law enforcement is to protect the public from harm, and their duty to punish comes second. Protecting the public is their primary role, while punishment is a secondary aspect of their duty.

The 2008 Public Inquiry on Tasers aimed to address concerns about their use. The recommendations focused on ensuring proper use, training, and oversight.

The plea bargain was controversial, but it was seen as a way to ensure Bernardo's conviction. Homolka's testimony was crucial, and the Crown needed to secure it.

An arrest is when a person is taken into custody by police because there is reasonable grounds to believe they have committed a crime. They must be informed of their Charter rights.

A bail hearing occurs when someone is arrested and held in custody. It determines if they should be released pending trial, usually with conditions.

The first court appearance, or arraignment, is when the accused hears the charges formally and enters a plea of guilty or not guilty.

Disclosure in a criminal case involves the Crown providing all evidence they have to the defense lawyer. This allows for a fair defense.

A preliminary hearing determines if there is enough evidence to proceed to trial. This is usually for serious indictable offenses.

Summary conviction offenses are less serious crimes tried by a judge in provincial court. Indictable offenses are more serious and can be tried by a judge or a jury.

The sentencing hearing is when a judge decides on the punishment after a guilty verdict or plea. They consider the severity of the crime and other factors.

After sentencing, either the accused or the Crown can appeal the verdict or sentence. This allows for review of legal errors and ensures fairness.