Criminal Justice in Canada

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Questions and Answers

What is the primary source of common law?

  • Executive orders
  • International treaties
  • Previous court decisions (correct)
  • Written legislation created by parliament

What does 'stare decisis' refer to in the context of law?

  • The requirement for legislative approval
  • The authority of federal law
  • The process of legislative interpretation
  • The principle of standing by previous decisions (correct)

Which type of law is created through the parliamentary process?

  • Statute law (correct)
  • Common law
  • Private law
  • Administrative law

Which of the following is an example of private law?

<p>Contract law (D)</p> Signup and view all the answers

What is primarily represented by a prosecutor in public law cases?

<p>The state (D)</p> Signup and view all the answers

Which of the following is not a type of public law?

<p>Estate law (B)</p> Signup and view all the answers

Which component is not part of the adversarial system in the criminal justice system?

<p>Legislative representatives (B)</p> Signup and view all the answers

Which of the following laws resolves disputes between private parties?

<p>Private law (D)</p> Signup and view all the answers

What is one of the procedural safeguards to ensure fair treatment of the accused?

<p>The right to remain silent (C)</p> Signup and view all the answers

Which principle does the crime control model primarily rely on?

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

How are due process and crime control models balanced in the Canadian Justice system?

<p>Elements of both are integrated to ensure fairness and effectiveness (A)</p> Signup and view all the answers

What does the due process philosophy focus on in the justice process?

<p>Ensuring faire proceedings (B)</p> Signup and view all the answers

Who carries the burden of proof that the accused is guilty in a legal trial?

<p>The Crown (C)</p> Signup and view all the answers

What is assumed about the accused until proven guilty in the legal system?

<p>They are presumed innocent (D)</p> Signup and view all the answers

What is the main goal of the crime control model?

<p>To capture and convict offenders (B)</p> Signup and view all the answers

Which right is NOT a part of the procedural safeguards for the accused?

<p>The right to unlimited appeals (A)</p> Signup and view all the answers

What does the term 'Due Process' refer to?

<p>The right of an individual to be treated within the principles of fundamental justice (A)</p> Signup and view all the answers

Which of the following is NOT one of the guaranteed fundamental freedoms under the Canadian Charter of Rights and Freedoms?

<p>Freedom of trade (A)</p> Signup and view all the answers

What is the status of the Canadian Charter of Rights and Freedoms within Canadian law?

<p>It is the supreme law of Canada (D)</p> Signup and view all the answers

Which type of rights includes the right to vote and run for public office in Canada?

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

Which of the following describes 'Equality Rights' under the Charter?

<p>Protection from discriminatory practices in all aspects of society (C)</p> Signup and view all the answers

Which of the following freedoms is specifically related to assembly and association?

<p>Freedom of peaceful assembly (B)</p> Signup and view all the answers

The 'Rule of Law' ensures that which of the following occurs?

<p>Rights are respected and protected in legal disputes (B)</p> Signup and view all the answers

What is a key principle of the 'Rule of Law' in the context of Canada?

<p>Disputes must be settled through established legal processes (A)</p> Signup and view all the answers

What occurs at the preliminary hearing in a criminal case?

<p>It determines if there is enough evidence to proceed to trial. (D)</p> Signup and view all the answers

Which of the following sentences may be immediately imposed upon a finding of guilt?

<p>Immediate sentencing (B)</p> Signup and view all the answers

Which type of incarceration applies to offenses that warrant a sentence of two years or more?

<p>Federal incarceration (C)</p> Signup and view all the answers

What phase follows after the trial in a criminal case?

<p>Penalty phase (C)</p> Signup and view all the answers

Which of the following is NOT a typical penalty in the penalty phase?

<p>Mandatory sentence review (B)</p> Signup and view all the answers

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

<p>To supervise the release of offenders back into the community. (B)</p> Signup and view all the answers

What happens if the accused enters a not guilty plea?

<p>The trial date will be set. (D)</p> Signup and view all the answers

Which of the following sentences typically involves less than two years of incarceration?

<p>Provincial incarceration (D)</p> Signup and view all the answers

What is one of the key roles of the media in relation to the Criminal Justice System?

<p>To play a pivotal role in educating the public about the system. (A)</p> Signup and view all the answers

Which of the following stages is not part of the criminal case processing mentioned?

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

What occurs during the pre-trial stage of a criminal case?

<p>An offender is charged and given a court date. (B)</p> Signup and view all the answers

What does the quote 'Where there is no publicity there is no justice' imply regarding the media's role?

<p>Publicity facilitates accountability in the justice system. (B)</p> Signup and view all the answers

Which action is part of the responsibilities of the police during the pre-trial stage?

<p>Lay an information. (A)</p> Signup and view all the answers

What is the correct order of processing a criminal case?

<p>Pre-trial, Trial, Sentencing, Penalty, Reintegration. (A)</p> Signup and view all the answers

Which of the following best describes the role of sentencing in the criminal justice process?

<p>It involves assigning a legal penalty for the offense. (C)</p> Signup and view all the answers

What is an action that police can take during the pre-trial phase?

<p>Lay charges against a suspect. (C)</p> Signup and view all the answers

What is the purpose of the 'notwithstanding clause' in the Charter of Rights and Freedoms?

<p>To enable governments to override specific rights in certain situations (D)</p> Signup and view all the answers

How does the Charter ensure the burden of proof in trials?

<p>It assigns the burden of proof to the Crown (B)</p> Signup and view all the answers

What is a potential conflict highlighted in the discussion of the Charter?

<p>The Charter can contradict some aspects of Criminal Code (A)</p> Signup and view all the answers

According to the discussion, how should rights be limited?

<p>They should be limited to prevent harm to others (A)</p> Signup and view all the answers

What does section 1 of the Charter focus on?

<p>It provides a framework for justifying reasonable limits on rights (C)</p> Signup and view all the answers

What is one perspective on individual rights mentioned in the context of the Charter?

<p>Collective rights may warrant restrictions on individual freedoms (D)</p> Signup and view all the answers

Section 2 of the Charter primarily deals with which type of rights?

<p>Political and religious rights (D)</p> Signup and view all the answers

What is a significant concern discussed regarding the rights in the Charter?

<p>Certain rights can inadvertently harm others (A)</p> Signup and view all the answers

Flashcards

Rule of Law

The foundational principles of a fair and just society, ensuring everyone is treated fairly and has their rights respected.

Due Process

The process of settling disputes while ensuring individual rights are respected and protected.

Charter of Rights and Freedoms

The supreme law of Canada, guaranteeing fundamental freedoms and rights to all citizens.

Fundamental Freedoms

The freedom to believe in any religion or none at all, express your thoughts and opinions, gather peacefully, and join organizations.

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Guaranteed Rights

Rights that ensure citizens can participate in democracy, move freely within Canada, access legal representation, and live in a non-discriminatory society based on equality.

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Charter's Supremacy

The principle that all laws in Canada must be consistent with the Charter of Rights and Freedoms.

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Language Rights

Rights that protect the use and promotion of English and French languages in Canada.

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Equality Rights

Rights that guarantee equal treatment and prevent discrimination based on personal characteristics.

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Common Law

Laws based on previous court decisions, also known as "judicial precedent".

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Statute Law

Laws established by written legislation through the parliamentary process.

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Stare Decisis

A legal principle stating that courts must follow previous decisions on similar cases.

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Private Law

Deals with disputes between private individuals or corporations, like contracts, family matters, and estates.

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Public Law

Involves matters of public interest, where the government acts as the prosecutor.

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Criminal Law

A type of public law that involves crimes against the state.

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Constitutional Law

A type of public law that deals with ensuring the Constitution's provisions are upheld.

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Administrative Law

A type of public law that governs administrative bodies and their decisions.

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Notwithstanding Clause

The "notwithstanding clause" allows federal and provincial governments to temporarily override specific Charter rights in certain situations, even if those rights are usually protected.

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Are all Charter rights absolute?

The Charter of Rights and Freedoms recognizes that not all rights are absolute: they can be limited based on specific circumstances.

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Who has the burden of proof at trial?

The government or prosecution bears the responsibility to prove that a person is guilty of a crime beyond a reasonable doubt.

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What does Section 1 of the Charter state?

Section 1 of the Charter allows for reasonable limitations on rights if those limitations demonstrably justify the infringement of rights.

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What does Section 2 (a) of the Charter guarantee?

Section 2(a) of the Charter guarantees freedom of conscience and religion. It allows individuals to hold and express their religious beliefs without undue interference.

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What does Section 7 of the Charter protect?

Section 7 of the Charter protects the right to life, liberty, and security of the person. This means the government cannot infringe on these rights without a good reason.

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Why can the Charter sometimes be difficult to apply?

The Charter often presents conflicting principles, requiring careful consideration of the balance between individual rights and collective well-being.

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How far should freedom of expression extend?

The extent of freedom of expression should be limited only when it infringes on the rights of others or the core values of our society.

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What are some procedural safeguards in the criminal justice system?

The right to be notified of the reason for arrest, the right to remain silent, the right to consult with a lawyer, the burden of proof rests with the Crown, and the accused is presumed innocent until proven guilty beyond a reasonable doubt.

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What's the difference between Due Process and Crime Control philosophies?

Due process focuses on ensuring that the procedures in the justice system are fair, while crime control focuses on protecting the public by catching and punishing offenders. Due process focuses on legal guilt while crime control focuses on factual guilt.

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What is the Due Process philosophy of criminal justice?

Due process is a legal philosophy that emphasizes fairness and a fair trial for all accused individuals, ensuring that the proceedings are conducted in a just manner.

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What is the Crime Control philosophy of criminal justice?

Crime control is a philosophy that prioritizes protecting the public from criminals by focusing on swift and efficient apprehension, conviction, and punishment of offenders.

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What is deterrence in the context of crime control?

The expectation that seeing others get caught and punished will deter others from committing crimes. This is used as a strategy to discourage criminal behavior by showcasing the consequences of wrongdoings.

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How does the Canadian Justice system approach due process and crime control?

The Canadian Justice system strives for a balance between fairness and effectiveness by incorporating elements of both the due process and crime control models.

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What is the balance of the Canadian Justice system?

The Canadian Justice system uses a combination of due process and crime control to ensure a system that is both fair and effective in resolving crimes.

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What is the main goal of due process?

The main goal of due process is to ensure that all legal rights of the accused are protected and respected during the justice process.

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Preliminary Hearing

A court hearing to determine if there is enough evidence to proceed to a full trial.

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Plea (Guilty or Not Guilty)

The official statement by an accused person about their guilt or innocence.

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Trial

The formal trial process, where evidence is presented and a verdict is reached.

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Sentencing

The consequences imposed on an offender after being found guilty.

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Penalty Phase

The phase where the correctional service determines how the offender will serve their sentence.

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Penalties

Different types of punishment that can be imposed on an offender.

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Reintegration

The process of helping an offender adjust back into society after completing their sentence.

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Parole or Mandatory Supervision

Supervised release after a sentence, aimed at helping the offender reintegrate into society.

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Media's Role in Criminal Justice

The media informs the public about Canada's criminal justice system, holding it accountable for its actions. It acts as a watchdog and ensures transparency.

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Criminal Justice System Process

The process of a criminal case from initial charges to reintegration of the offender back into society.

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Pre-Trial Stage

The phase before a trial begins. It includes reporting a crime, laying charges, making an arrest, and issuing court dates.

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Information in a Criminal Case

An official document outlining the charges against a suspect, initiating a criminal case.

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Arrest in a Criminal Case

When a suspect is taken into custody by the police.

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Summons in a Criminal Case

A legal notice instructing a suspect to appear in court on a specified date.

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Appearance Notice

A formal document given to a suspect, requiring them to appear in court at a specific time and place.

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Trial in a Criminal Case

The phase where a case is presented in court, evidence is presented, and a verdict is reached.

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Study Notes

Criminal Justice in Canada

  • Canada's crime rate continues to fall
  • Crime prevention is a community responsibility
  • Emerging technology and the influence of new crimes are affecting the system

Learning Objectives

  • Explain the function and purpose of the criminal justice system
  • Explain the rule of law and its significance in Canadian law
  • Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms
  • Identify the procedural safeguards in the criminal justice system
  • Describe the due process and crime control philosophies of criminal justice
  • Identify types and categories of laws in Canada
  • Identify the components of the criminal justice system
  • Describe the relationship between the media and the criminal justice system
  • Describe how a criminal case is processed through the system

The Criminal Justice System

  • Function: Prevent and investigate crimes, enforce laws, prosecute cases, provide correctional institutions and community supervision, and meet the needs of victims
  • Purpose: Protect society by maintaining peace, preventing and controlling crime, adjudicating cases fairly, providing treatment and rehabilitation for offenders to live crime-free lives

The Rule of Law

  • Describes fundamental rights and beliefs that form the foundation of a fair and just society
  • Every dispute is settled through Due Process, a process to ensure rights are respected and protected

The Charter of Rights and Freedoms

  • Guaranteed fundamental freedoms, including freedom of conscience and religion, freedom of thought, belief, opinion, and expression, freedom of peaceful assembly, and freedom of association

  • The Charter is part of the Constitution Act, 1982, and is the supreme law in Canada

  • Not all rights and freedoms are absolute; the notwithstanding clause allows federal and provincial governments to override specific Charter rights in certain situations

  • At trial, the burden of proof rests with the Crown

Criminal Justice System Case Study - Question 1

  • The government may be justified in actions to save a life, but may violate a parent's religious rights
  • The law can involve complex issues with conflicting aspects

Criminal Justice System Case Study - Question 2

  • Freedoms should not be limitless to infringe on others

Criminal Justice System Case Study - Question 3

  • Individuals' rights can be restricted for the good of society
  • Collective good may take precedence over individual rights.

Procedural Safeguards

  • Accused persons are treated fairly, through procedural safeguards
    • Right to be informed of reason for arrest
    • Right to remain silent
    • Right to consult with a lawyer
    • Burden of proof rests with the Crown
    • Presumption of innocence until proven guilty beyond a reasonable doubt

Criminal Justice Philosophies

  • Due Process: Focuses on ensuring fair procedures, not necessarily on factual guilt, but on legal guilt
  • Crime Control: Focuses on protecting the public through arresting and finding offenders guilty
  • Canadian Justice balances both philosophies to have a fair and effective system

Laws in Canada

  • Common Law: Developed through court decisions and precedents, based on "stare decisis".
  • Statute Law: Created through parliamentary processes
  • Private Law: Resolves disputes between private parties, examples include contract law, family law, and estate law
  • Public Law: Deals with matters involving the state, examples include criminal, constitutional, administrative, and civil law

Components of the Adversarial System

  • Police
  • Court system
  • Correctional system
  • Private agencies
  • Public

Media and Criminal Justice

  • Media play a critical role in educating the public on how the criminal justice system operates by holding it accountable.
  • The media is important for the public to see justice being served.

The Criminal Justice System: An Overview

  • Pre-Trial: A criminal charge is initiated, the offender is charged, given a court date, police actions such as lay information, arrest of a suspect, issuing summons, and issuing appearance notice.
  • Trial: The accused pleads either guilty or not guilty, a hearing/preliminary hearing is conducted where the trial court determines if there is enough evidence to prove the case.
  • Sentencing: Upon a guilty verdict, the court determines penalties, which may include fines, prisons sentences, and community supervision.
  • Reintegration: After a sentence, community supervision, or release is a key phase. This involves monitoring or supervision.

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