Podcast
Questions and Answers
Which of the following scenarios would NOT typically be governed by the Canadian Charter of Rights and Freedoms?
Which of the following scenarios would NOT typically be governed by the Canadian Charter of Rights and Freedoms?
- A legal challenge to a provincial law concerning healthcare.
- A private contract dispute between two individuals. (correct)
- A dispute between a citizen and a municipal police force.
- A challenge to a federal law regarding immigration.
Which of these best exemplifies a quasi-criminal law?
Which of these best exemplifies a quasi-criminal law?
- A federal law outlining trade regulations.
- A federal statute on income tax.
- A municipal by-law about noise levels.
- A provincial regulation setting speed limits. (correct)
What is generally considered the most commonly found biological substance at crime scenes?
What is generally considered the most commonly found biological substance at crime scenes?
- Blood. (correct)
- Saliva.
- Skin cells.
- Hair.
Which of these describes the difference between a summary and an indictable offence?
Which of these describes the difference between a summary and an indictable offence?
After a guilty verdict in a criminal trial, what is the primary responsibility of the judge?
After a guilty verdict in a criminal trial, what is the primary responsibility of the judge?
What is the main goal of cross-examination in a trial?
What is the main goal of cross-examination in a trial?
Requiring construction workers to wear hard hats is an example of what legal concept?
Requiring construction workers to wear hard hats is an example of what legal concept?
Which of the following statements regarding the Young Offenders Act and the Youth Criminal Justice Act is correct?
Which of the following statements regarding the Young Offenders Act and the Youth Criminal Justice Act is correct?
What is the primary function of the Oakes Test?
What is the primary function of the Oakes Test?
Which principle is reinforced by the outcome of the case that established the Oakes Test?
Which principle is reinforced by the outcome of the case that established the Oakes Test?
In the context of the legal principle of 'stare decisis', what does a court's decision establish?
In the context of the legal principle of 'stare decisis', what does a court's decision establish?
What is the primary difference between common law and statutory law?
What is the primary difference between common law and statutory law?
What is the main purpose of human rights legislation?
What is the main purpose of human rights legislation?
What legal concept does the term 'next friend' relate to?
What legal concept does the term 'next friend' relate to?
Which of the following is NOT an example of a drug-related crime?
Which of the following is NOT an example of a drug-related crime?
In Canadian law, what is the key distinction between first-degree and second-degree murder?
In Canadian law, what is the key distinction between first-degree and second-degree murder?
If a person committed a crime due to coercion under threat, which legal defense is most applicable?
If a person committed a crime due to coercion under threat, which legal defense is most applicable?
Which of the following is a defense based on mental state?
Which of the following is a defense based on mental state?
Which of the following best describes the role of agencies like the Environmental Protection Agency?
Which of the following best describes the role of agencies like the Environmental Protection Agency?
What is the key difference in the application of the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code?
What is the key difference in the application of the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code?
What is the primary purpose of the rule of precedent (stare decisis) in legal systems?
What is the primary purpose of the rule of precedent (stare decisis) in legal systems?
In the case of R v. Smith, what was the main issue regarding the police search?
In the case of R v. Smith, what was the main issue regarding the police search?
What was the significance of the Supreme Court's decision in R v. Smith?
What was the significance of the Supreme Court's decision in R v. Smith?
What was the primary legal issue in the case of R v. Oakes?
What was the primary legal issue in the case of R v. Oakes?
What was the Supreme Court of Canada's ruling in R v. Oakes?
What was the Supreme Court of Canada's ruling in R v. Oakes?
In the Canadian legal system, if a lower court encounters a case with similar facts to a previous case decided by a higher court, what principle should the lower court follow?
In the Canadian legal system, if a lower court encounters a case with similar facts to a previous case decided by a higher court, what principle should the lower court follow?
What was the defense argument in R v. Smith?
What was the defense argument in R v. Smith?
What was the prosecution's argument in R v. Smith?
What was the prosecution's argument in R v. Smith?
What would be a characteristic of a good legal argument?
What would be a characteristic of a good legal argument?
What is the significance of the Charter?
What is the significance of the Charter?
What was Oakes' main argument against the reverse onus provision in the Narcotic Control Act?
What was Oakes' main argument against the reverse onus provision in the Narcotic Control Act?
What does 'exigent circumstances' mean, in relation to police searches?
What does 'exigent circumstances' mean, in relation to police searches?
Which of these options best summarizes the 'rule of precedent'?
Which of these options best summarizes the 'rule of precedent'?
Flashcards
Charter of Rights and Freedoms - Limitations
Charter of Rights and Freedoms - Limitations
The Charter of Rights and Freedoms applies to relationships between individuals and the government or its institutions. It does not apply to private matters between individuals, non-governmental organizations, or entities outside Canadian jurisdiction.
Quasi-Criminal Law
Quasi-Criminal Law
A law passed by a provincial government that is similar to a criminal law but deals with issues specific to that province.
By-law
By-law
A law passed by a municipal government that regulates local matters within its jurisdiction, for example, parking restrictions or noise bylaws.
Blood Evidence
Blood Evidence
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Indictable Offense
Indictable Offense
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Summary Offense
Summary Offense
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Cross-examination
Cross-examination
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
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What is the Oakes Test?
What is the Oakes Test?
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What is stare decisis?
What is stare decisis?
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What is common law?
What is common law?
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What is the purpose of human rights legislation?
What is the purpose of human rights legislation?
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What is non-insane automatism?
What is non-insane automatism?
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What is a next friend?
What is a next friend?
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What are some common types of drug offences?
What are some common types of drug offences?
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What is the definition of break and enter?
What is the definition of break and enter?
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What is assault?
What is assault?
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What is first-degree murder?
What is first-degree murder?
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Charter's Scope
Charter's Scope
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Ontario Human Rights Code's Scope
Ontario Human Rights Code's Scope
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Origin of Common Law
Origin of Common Law
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Rule of Precedent
Rule of Precedent
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Purpose of Precedent
Purpose of Precedent
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Section 8 of the Charter
Section 8 of the Charter
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R v. Smith: Ruling
R v. Smith: Ruling
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Exigent Circumstances
Exigent Circumstances
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Narcotic Control Act: Reverse Onus
Narcotic Control Act: Reverse Onus
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Section 11(d) of the Charter
Section 11(d) of the Charter
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R v. Oakes: Ruling
R v. Oakes: Ruling
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Oakes Test
Oakes Test
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Justified in a Free and Democratic Society
Justified in a Free and Democratic Society
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Oakes Test Factors
Oakes Test Factors
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Study Notes
Charter of Rights and Freedoms Exceptions
- Does not apply to private matters between individuals.
- Excludes non-governmental organizations and entities.
- Does not cover laws or actions outside Canadian jurisdiction.
- May not apply to certain pre-1982 legislation unless challenged.
- Certain religious or cultural practices independent of government involvement may not be covered.
- Aboriginal self-governance in specific cases might be outside the Charter's scope.
Levels of Government and Law
- Provincial governments can create quasi-criminal laws.
- Municipal governments enact by-laws.
Crime Scene Evidence
- Blood is the most common body substance found at crime scenes.
Types of Criminal Offenses
- Indictable offences: Most serious (e.g., murder).
- Summary offences: Less serious.
- Hybrid offences: A mix of both.
Sentencing
- After a guilty verdict, the judge determines the appropriate sentence.
Cross-Examination
- Cross-examination aims to challenge witness testimony and expose potential biases.
Bona Fide Occupational Requirement (BFOR)
- Requiring hard hats at a construction site is an example of a BFOR.
Youth Criminal Justice
- The Young Offenders Act was replaced by the Youth Criminal Justice Act in 2003.
Legal Concepts
- Non-insane automatism: A state of unconsciousness (like sleepwalking) or under medication.
- Plaintiff: The person who initiates a civil lawsuit.
- Restitution: Compensation for losses or injuries.
- Mitigating factors: Circumstances reducing a sentence.
- Aggravating factors: Circumstances warranting a harsher sentence.
Sources of Law
- Constitutional Law: Based on the constitution, defining government and individual rights.
- Statutory Law: Laws created by legislative bodies (federal and provincial).
- Administrative Law: Rules and regulations made by administrative agencies.
Charter vs. Human Rights Code
- Both protect rights, but the Charter focuses on government actions, while the Human Rights Code applies to private and public sectors in Ontario, addressing discrimination.
- Enforcement differs: the Charter uses courts, and the Human Rights Code uses the Ontario Human Rights Commission and Tribunal.
Common Law and Precedent
- Common law originated in medieval England, evolving from judicial decisions.
- The rule of precedent (stare decisis) guides judges to follow earlier rulings in similar cases.
- Higher courts establish binding precedents for lower courts.
Case Analysis: R v. Smith (2010)
- Facts: Smith's vehicle searched without a warrant; drugs found.
- Issue: Was the warrantless search of Smith's vehicle legal?
- Decision: The Supreme Court ruled the search was unlawful.
- Significance: Reinforced individuals' rights against unreasonable searches.
Case Analysis: R v. Oakes (1986)
- Facts: Oakes arrested for drug possession, a presumption he was trafficking.
- Issue: Does the reverse onus in the drug act violate Charter rights?
- Decision: The reverse onus was deemed unconstitutional.
- Significance: Created the Oakes Test, to determine if limitations on Charter rights are justified.
Legal Principles
- Rule of Precedent: Courts follow prior decisions in similar cases.
- Common Law: Law based on judicial decisions and rulings, not just legislation.
- Precedent: Legal rules developed in previous cases; it applies to later cases.
Human Rights Legislation
- Protects individuals from discrimination and promotes equality.
- Sets legal standards prohibiting discrimination based on various characteristics.
Criminal Offenses and Defenses
- Categories of offences: Drug offences, break and enter, assault, property crimes, weapons offences, motor vehicle offences.
- Criminal homicide categories: First-degree murder (premeditated), second-degree murder, manslaughter, culpable and non-culpable homicide.
- Penalties vary by category
- Defences: Mental state defenses (insanity/automatism), justifications (self-defense), other defenses (duress, mistake).
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