Child Welfare Law in Ontario
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Questions and Answers

What consequence does a judge's ruling have on identifying a child in Ontario's child protection cases?

  • A child can always be identified if consent is given.
  • Identification is prohibited if emotional harm could occur.
  • Identification is only allowed when the case is not ongoing.
  • A ban on identification remains in force even with a child's consent. (correct)

Under what condition can the media report details of child welfare cases?

  • If the parties involved consent to the disclosure.
  • Only if the hearings are public.
  • As long as they do not identify the individuals involved. (correct)
  • When the judge requests the media's presence.

What can a judge do during a hearing to protect a child's emotional well-being?

  • Impose a publication ban on evidence presented. (correct)
  • Exclude reporters from entirely covering the case.
  • Allow all media to attend regardless of the circumstances.
  • Ignore the wishes of the parties involved.

Why was the publication ban order struck down on appeal?

<p>It was overly broad and based on speculation without evidence. (B)</p> Signup and view all the answers

What role do judges have in public hearings concerning child welfare cases?

<p>They can decide to exclude reporters from some parts of the hearing. (A)</p> Signup and view all the answers

What rights does a judge have regarding the publication of search warrant outcomes?

<p>The judge can permit publication based on a privacy assessment. (D)</p> Signup and view all the answers

What information is typically barred from publication in search warrants if no charges are laid?

<p>Locations searched and identities of suspects. (D)</p> Signup and view all the answers

Under what conditions can jurors discuss jury room proceedings?

<p>If questioned by police during an obstruction investigation. (D)</p> Signup and view all the answers

What is a potential penalty for an individual convicted of breaching the media's publication ban?

<p>Up to six months in jail and a $2,000 fine. (B)</p> Signup and view all the answers

What is a justification for imposing restrictions on court proceedings?

<p>To protect a child or details of a patent (B)</p> Signup and view all the answers

Which of the following is a ground for sealing a warrant?

<p>The risk of compromising an ongoing investigation. (D)</p> Signup and view all the answers

What must a party demonstrate to shield evidence in a civil action according to the Supreme Court of Canada?

<p>There is a serious risk of exposing confidential information (C)</p> Signup and view all the answers

What constitutes a summary conviction offence under the publication ban?

<p>Noncompliance with a court order. (B)</p> Signup and view all the answers

Which type of law case commonly involves intimate details of private life being disclosed?

<p>Divorce and family law cases (D)</p> Signup and view all the answers

What can happen to the media if they disobey a court order?

<p>They can be prosecuted as a contempt of court. (A)</p> Signup and view all the answers

In a voir dire hearing during a civil case, when does the restriction on information publication typically lift?

<p>When the jury begins deliberations (C)</p> Signup and view all the answers

What is the consequence of breaching a ban imposed in a civil case?

<p>Prosecution for contempt of court (D)</p> Signup and view all the answers

What risk does the disclosure of certain warrant information pose?

<p>It could endanger undercover operations. (C)</p> Signup and view all the answers

What risk is generally lower in civil cases compared to criminal cases?

<p>Risk of publication found in contempt (B)</p> Signup and view all the answers

What does provincial or territorial legislation often provide in family law cases?

<p>Judges' powers to restrict publication of information (A)</p> Signup and view all the answers

How does a civil action attain the status of sub judice?

<p>When the plaintiff files a statement of claim (A)</p> Signup and view all the answers

How long does the ban remain in place if granted?

<p>Until the defendant is discharged or the trial in the foreign state concludes. (D)</p> Signup and view all the answers

Under what circumstances can access to immigration hearings be restricted?

<p>To protect the life, liberty, or security of a person. (B)</p> Signup and view all the answers

Who has the authority to issue a certificate for expelling a permanent resident or foreign citizen?

<p>The minister of public safety and the minister of immigration. (A)</p> Signup and view all the answers

What must a judge do when reviewing an issued certificate?

<p>Ensure the confidentiality of supporting information. (C)</p> Signup and view all the answers

What is one of the grounds for issuing a certificate under the Immigration and Refugee Protection Act?

<p>Involvement in organized crime. (A)</p> Signup and view all the answers

What discretion does the panel have regarding refugee claims?

<p>To grant appropriate access to the proceedings. (C)</p> Signup and view all the answers

What is required of the judge under Sections 83 and 84 of the Act during the certificate review?

<p>The judge must keep information confidential that may endanger national security. (A)</p> Signup and view all the answers

What power does the minister of immigration hold regarding information at hearings?

<p>The minister can apply for an order of non-disclosure of certain security information. (D)</p> Signup and view all the answers

What is the role of administrative tribunals?

<p>To settle disputes over employment and human rights (A)</p> Signup and view all the answers

What is a primary responsibility of a judge in the courtroom?

<p>To oversee the trial procedure and maintain order (D)</p> Signup and view all the answers

What defines the role of a Crown attorney?

<p>To prosecute criminal cases for the state with public interest in mind (A)</p> Signup and view all the answers

What is a hung jury?

<p>A jury that cannot reach a unanimous verdict (D)</p> Signup and view all the answers

Which statement about military courts is correct?

<p>They have two types of trials: by superior officer or court-martial (B)</p> Signup and view all the answers

In which scenario can a superior court judge be removed?

<p>For misconduct or infirmity (B)</p> Signup and view all the answers

What is the minimum age requirement for jury members?

<p>18 (A)</p> Signup and view all the answers

What is a primary function of the Canadian Judicial Council?

<p>To investigate complaints about federally appointed judges (D)</p> Signup and view all the answers

How does the adversarial system of justice function?

<p>The truth is sought through a competition between opposing parties (D)</p> Signup and view all the answers

What role does a jury play in a trial?

<p>They assess facts and deliver a verdict based on evidence (D)</p> Signup and view all the answers

Which of the following best describes the selection process for judges?

<p>Lawyers can apply, and their qualifications are reviewed by screening committees (A)</p> Signup and view all the answers

What distinguishes federal tribunals from provincial tribunals?

<p>Federal tribunals focus on employment insurance and human rights issues (C)</p> Signup and view all the answers

What is the purpose of a courtroom jury oath?

<p>To confirm jurors will impartially assess evidence presented (D)</p> Signup and view all the answers

What is the primary concern of the policy preventing the use of court records for improper uses?

<p>Protection of personal data identifiers (C)</p> Signup and view all the answers

What must a party do to apply for the sealing of a document in court?

<p>Apply to the judge despite public interest (B)</p> Signup and view all the answers

Under which conditions can media outlets challenge a sealing order?

<p>Under the Daegenais/Mentuck test (C)</p> Signup and view all the answers

Which of the following hearings are typically open to the public but can be conducted privately?

<p>Immigration and refugee hearings (D)</p> Signup and view all the answers

What is a key reason for the confidentiality of testimony in discovery hearings?

<p>To ensure a fair trial (B)</p> Signup and view all the answers

What is required for public access to parole hearings?

<p>A written request for observer status (D)</p> Signup and view all the answers

Which of the following types of inquiries can be held in private at the discretion of a coroner or judge?

<p>Fatality inquiries (C)</p> Signup and view all the answers

What distinguishes criminal law from civil law?

<p>Criminal law is concerned with punishment for offenses against society (B)</p> Signup and view all the answers

What common feature is present in most professional disciplinary hearings?

<p>They are held under strict confidentiality until concluded (A)</p> Signup and view all the answers

How do public inquiries typically conduct their proceedings?

<p>In public but not required by law to do so (B)</p> Signup and view all the answers

For which type of hearing can a judge refuse public access based on significant altruism towards freedom of expression?

<p>Administrative tribunal hearings (A)</p> Signup and view all the answers

What is one possible consequence for misusing discovery transcripts in civil cases?

<p>Civil penalties imposed by the judge (A)</p> Signup and view all the answers

Which requirement applies to search warrants in terms of public access?

<p>They may be sealed to protect fair trial rights (D)</p> Signup and view all the answers

What is a common characteristic of courts martial hearings?

<p>They can be closed to protect national defense (C)</p> Signup and view all the answers

Flashcards

Ontario's Child Protection Case Ban

A legal restriction on media reporting details that could identify individuals involved in ongoing child protection cases, even with their consent.

Public Scrutiny of Child Welfare Cases

The media's ability to report details of child welfare cases without identifying individuals involved allows for public oversight of government actions.

Private Child Protection Hearings

Hearings related to child protection cases are generally considered private, but a judge can allow journalists and spectators to attend.

Publication Ban on Evidence

A judge can restrict the publication of evidence presented in child protection hearings to protect a child from potential emotional harm.

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Judge's Discretion in Child Protection Hearings

A judge has the power to exclude reporters from parts of a hearing or ban the publication of certain evidence to protect a child's emotional well-being.

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Publication Ban on Mental Fitness Records

This ban safeguards an individual's privacy by restricting the publication of information related to their mental fitness assessment during criminal proceedings. The judge can lift the ban depending on the balance between open justice and privacy.

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Publication Ban on Search Warrant Details

This ban limits the media from disclosing specific details of search warrants, including the locations searched, individuals involved, and potential suspects, if no charges are filed. This protects privacy and prevents jeopardizing investigations.

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Sealing Search Warrants

Judges can seal search warrants and associated documents if revealing them could hinder justice or lead to information misuse. This safeguards investigations, protects confidential informants, and prevents potential harm to involved parties.

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Restriction on Interviewing Jurors

Jurors are prohibited from revealing information about the jury's deliberations outside the courtroom, except for specific cases like investigations of obstruction of justice or jury tampering.

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Penalties for Violating Publication Bans

Individuals who breach publication bans face a maximum fine of $2,000 and six months in jail. Corporations face a maximum fine of $100,000.

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Criminal Prosecution for Disobeying Court Orders

Media outlets found guilty of disregarding court orders, including publication bans, can face criminal prosecution, potentially leading to imprisonment up to two years.

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Contempt of Court

Violating publication bans can also be classified as contempt of court, allowing judges to impose higher fines than under criminal prosecution.

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What happens to a ban on a defendant during extradition proceedings?

The ban remains in place until the defendant is discharged or, if extradition is ordered, until the conclusion of their trial in the foreign state.

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How are Immigration Hearings conducted?

Immigration Hearings are usually public, but can be held privately or under certain conditions, become confidential for security reasons.

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Who can request a private hearing at an Immigration Hearing?

The Immigration and Refugee Board has the right to conduct sessions in private to ensure confidentiality or protect sensitive information.

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What are the reasons for restricting access to an Immigration Hearing?

Access can be restricted to protect a person's life, liberty, or security; safeguard national security information; or ensure a fair proceeding.

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How are Refugee Claims heard?

Refugee claims are typically heard in private but the panel may allow access to proceedings when appropriate.

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Who can issue a certificate to expel a permanent resident or foreign citizen?

The Minister of Public Safety and the Minister of Immigration can issue a certificate for undesirable individuals or security threats.

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How are certificates for expulsion reviewed?

A Federal Court judge reviews the certificate to determine if it's lawful and reasonable.

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What happens to confidential information presented in expulsion proceedings?

The reviewing judge and any appellate courts must ensure the confidentiality of sensitive information to protect national security or individual safety.

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What is the 'Rule of Law'?

The fundamental principles that guide how our society operates, ensuring fair and predictable justice based on laws and evidence.

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What are the two branches of law?

The two main categories of law are criminal law, which deals with offenses against society, and civil law, which deals with disputes between individuals or entities.

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What is a 'crime' in criminal law?

A deliberate or reckless act that harms a person, damages property, or goes against society's moral standards.

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What does the 'Criminal Code' do?

It lists specific actions that are considered criminal, sets punishments for each crime, and outlines how to prosecute and try cases in court.

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What is the 'Crown' in criminal law?

The government entity responsible for bringing charges against someone accused of committing a crime.

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What is the 'Daegenais/Mentuck test'?

A set of criteria used to determine whether a court should issue a sealing order, balancing the public interest in open court proceedings with the privacy rights of individuals.

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Why are audio recordings of court hearings not intended for broadcast?

These recordings are considered confidential and are not intended for public consumption, as they often contain sensitive information and may not represent the full context of the proceedings.

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What is the purpose of releasing court rulings to the media?

To ensure transparency and accountability, allowing the public to understand the court's decision-making process.

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What are the main concerns regarding electronic access to court files?

Ensuring the security of personal data and preventing the misuse of court records.

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What are some restrictions on access to court proceedings?

Judges can issue orders sealing documents, restricting access to discovery transcripts, and limiting public participation in certain hearings.

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What is the purpose of a sealing order?

To protect confidential information from public disclosure, often to safeguard privacy or prevent prejudice in ongoing legal cases.

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How can media challenge a sealing order?

By arguing that the public interest in open court proceedings outweighs the privacy concerns.

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What is the purpose of a search warrant?

To allow law enforcement to search a specific location for evidence related to a crime.

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Publication Ban in Civil Cases

A court order restricting media from publishing information in a civil lawsuit, designed to protect sensitive information, ensure fair trial, and prevent harm to individuals.

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Justification for Publication Bans

Publication bans in civil cases are justified to protect children, witnesses, trade secrets, or when public presence would hinder the administration of justice.

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Who Can Request a Publication Ban?

The party seeking to shield evidence in a civil action needs to demonstrate a serious risk of exposing confidential information or a public interest in protecting it.

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Open Courts Principle and Publication Bans

Even with publication bans, the principle of open courts applies, meaning trials are generally public, and bans are imposed on a case-by-case basis.

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Voir Dire Hearings and Publication Bans

Publication bans typically apply to voir dire (jury selection) hearings in civil cases, preventing media from reporting details until deliberations begin.

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Penalties for Breaching a Publication Ban

Violating a publication ban in a civil case can result in contempt of court penalties, such as fines, or potentially criminal prosecution if the ban is statutorily based.

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Contempt of Court in Civil Cases

The risk of contempt of court increases as a civil case nears trial, but is generally considered lower than in criminal cases.

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Sub Judice and Publication Bans

Once a civil lawsuit is officially filed, the matter is considered sub judice, which means publication bans are more likely to be in place and the risk of contempt increases.

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What are military courts?

Military courts handle disciplinary cases within the armed forces, applying the military code of service discipline. These courts are responsible for trying members of the Armed Forces and accompanying citizens for offenses committed under military law.

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What are administrative tribunals?

Administrative tribunals act like courts but focus on specific areas like employment insurance, disability benefits, refugee status, or workplace standards. They review evidence, make rulings, and can be appealed to higher courts.

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How does judicial independence work?

Judges are free from government interference in their decisions. They are protected from threats to their salaries, pensions, or length of service, ensuring their impartiality.

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What are the roles of a judge?

Judges act as umpires in courtrooms, ensuring fair proceedings. They decide on relevant evidence, assess charter breaches, and impose punishment if necessary.

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What is the role of the jury?

Jurors are randomly selected citizens who decide on the guilt or innocence of the accused. They are instructed on the law by the judge and review the facts of the case.

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What is the Crown Attorney's role?

The Crown Attorney represents the state in criminal prosecutions. They are responsible for presenting evidence and arguing for convictions, but also have a duty to ensure fairness.

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What are the roles of lawyers in civil cases?

Lawyers for plaintiffs and defendants present their client's cases forcefully. They must act fairly and ethically, ensuring all legal rights are respected.

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What is a crime?

A crime is an act that violates the law and is punishable by the state. It can range from minor offenses to serious felonies.

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What are the powers of the Canadian Judicial council?

The Canadian Judicial Council investigates complaints against federally appointed judges, ensuring accountability and maintaining public trust in the judiciary.

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How are judges selected?

Judges are selected through a rigorous process. Lawyers apply for positions, are screened by committees, and sometimes face public elections.

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Who can remove a superior court judge?

Only Parliament can remove a superior court judge. This requires a vote by both the House of Commons and the Senate.

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What is a hung jury?

A hung jury occurs when the jurors cannot reach a unanimous verdict. This results in a mistrial, and a new trial may be ordered.

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What is the adversarial system of justice?

The adversarial system pits two opposing sides against each other in court, allowing both parties to present their arguments and evidence.

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What is the role of the Attorney General?

The Attorney General oversees the prosecution of criminal code offenses and provincial law violations. They provide legal advice to police, investigate violations, and decide whether to prosecute.

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Study Notes

Restrictions on Reporting and Publishing the News

  • Individuals who intrude on another person's privacy or personal life can be sued for invasion of privacy.
  • Publishing compromising photos or diary extracts, for instance, is considered an intrusion of privacy.
  • Privacy rights are not absolute.
  • Publishing information or images depicting another person in a false light, deemed highly offensive to a reasonable person, can be a violation.
  • Individuals involved in newsgathering may infringe on privacy.
  • The Law provides protection on legitimate newsgathering.
  • Publications are not liable if information is considered a matter of public concern or defamatory.

Photography and Video Recording

  • Seek consent before publishing or broadcasting images of individuals, especially those with professional lives or careers in the public interest.
  • Photographs of crowds taken from a distance avoid identification issues.
  • Consent is required if recording individuals in private places or where privacy is expected.

Criminal Voyeurism

  • Surreptitious observation, photography or videotaping of individuals in spaces where they reasonably expect privacy is an offense, punished by up to 5 years in prison.
  • This prevents exploitation by paparazzi and tabloid journalism.

Recording Conversations and Private Spaces

  • Unauthorized audio recording of interviews is illegal unless consent is given, unless the interviewee calls in.
  • The CRTC prohibits broadcasting interviews or conversations without the consent of all involved parties.

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Description

This quiz explores the critical aspects of child welfare law in Ontario, focusing on judges' rulings, media reporting guidelines, and emotional protection for children during hearings. Understand the implications of publication bans and the role of judges in public hearings related to child protection cases.

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