Criminal Law & Procedure Overview
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Questions and Answers

What distinguishes the court's ratio from obiter dictum?

  • Obiter dictum is legally enforceable.
  • Only the ratio is binding as mandatory precedent. (correct)
  • Both are equally binding as precedents.
  • The ratio applies after an appeal is dismissed.

    • What is the nature of obiter dictum?

  • It serves as a procedural guideline.
  • It consists of comments potentially helpful for future cases. (correct)
  • It outlines the ratio of the case.
  • It is a legally binding decision.

    • In the context of court dispositions, what does a reversal imply?

  • The lower court's judgment is set aside. (correct)
  • The case is sent back for retrial.
  • A higher court's ruling is ignored.
  • The lower court's decision is upheld.

    • Which statement about obiter dictum from the Supreme Court of Canada is true?

    <p>Obiter dictum from SCC carries significant precedential weight.</p> Signup and view all the answers

    What does a remedy in a court ruling refer to?

    <p>The consequences that arise from the court's decision.</p> Signup and view all the answers

    Which section of the Constitution Act, 1867 grants the federal government exclusive legislative authority over criminal law?

    <p>Section 91(27)</p> Signup and view all the answers

    What is the primary scope of power granted to provincial legislatures under Section 92(14)?

    <p>Administration of justice</p> Signup and view all the answers

    Which of the following correctly describes the difference in the criminal law powers of the federal and provincial governments?

    <p>Federal government controls the criminal law process, and provinces administer justice.</p> Signup and view all the answers

    What does Section 92(6) allow provinces to establish?

    <p>Reformatory prisons</p> Signup and view all the answers

    What role do federal judges have as specified in Section 96 of the Constitution Act, 1867?

    <p>Appointing federal judges at various levels</p> Signup and view all the answers

    What defines the 'pith and substance' of a law?

    <p>The primary purpose and effect of the law</p> Signup and view all the answers

    Under the Constitution Act, 1867, who is responsible for defining which behaviors are criminal?

    <p>The federal government</p> Signup and view all the answers

    Which source of criminal law addresses decisions made by courts over time?

    <p>The Common Law</p> Signup and view all the answers

    What must be isolated to analyze a case effectively?

    <p>Legally relevant facts</p> Signup and view all the answers

    What forms a significant part of the case analysis, alongside relevant facts?

    <p>Legal rules</p> Signup and view all the answers

    What is the end product of applying legal rules to relevant facts?

    <p>The court's holding</p> Signup and view all the answers

    How are legal issues typically presented in a case?

    <p>In question form</p> Signup and view all the answers

    What does S 8(3) specifically address in relation to defenses?

    <p>Defenses to assault at common law</p> Signup and view all the answers

    Which condition allows individuals to consent to notional assault?

    <p>During rough sporting activities</p> Signup and view all the answers

    What do the legal rules detail within the analysis of a case?

    <p>The relevant legal frameworks</p> Signup and view all the answers

    Which of the following does not contribute to the case's procedural history?

    <p>The judge's personal opinions</p> Signup and view all the answers

    What principle did Sopinka J assert in the dissent regarding consent to grievous bodily harm?

    <p>The Criminal Code allows for consent to grievous bodily harm</p> Signup and view all the answers

    What does the term 'single transaction' analysis relate to in legal interpretation?

    <p>It reflects the intention of Parliament regarding simultaneous offenses</p> Signup and view all the answers

    In a legal context, what is the term for questions the court must address?

    <p>Legal issues</p> Signup and view all the answers

    What aspect of a case includes the outcomes of applying the law?

    <p>Application</p> Signup and view all the answers

    How does the SCC favor interpreting legal statutes?

    <p>Contextual interpretation</p> Signup and view all the answers

    What issue was raised in R v Pare regarding the timing of an indecent assault?

    <p>If the murder could be classified as first degree based on time</p> Signup and view all the answers

    What does it mean to use a case as precedent?

    <p>It requires understanding the court's reasoning and context</p> Signup and view all the answers

    What is one of the main points noted in Johnson v Clark regarding public places?

    <p>A living room can qualify as a public place</p> Signup and view all the answers

    What is the primary objective of the law referenced in the SCC decision regarding firearms?

    <p>Enhancing public safety through firearm control</p> Signup and view all the answers

    How does the SCC view the impact of gun control on rural law-abiding firearm owners?

    <p>It does not influence constitutional analysis.</p> Signup and view all the answers

    What role does the reasonable limits clause (S. 1) of the Canadian Charter of Rights and Freedoms serve?

    <p>It provides a mechanism to impose reasonable limits on rights.</p> Signup and view all the answers

    What does codification of the Criminal Code promote?

    <p>Certainty and predictability in criminal law.</p> Signup and view all the answers

    What does the case of Jobidon demonstrate regarding the Canadian Criminal Code (CC) and common law?

    <p>Common law interpretations still influence CC provisions.</p> Signup and view all the answers

    What does Section 8 of the Criminal Code specify regarding common law?

    <p>Common law rules continue to apply if they are not inconsistent with the Code.</p> Signup and view all the answers

    What was the Supreme Court's conclusion regarding consent in the Jobidon case?

    <p>A person cannot consent to bodily harm under common law considerations.</p> Signup and view all the answers

    Which of the following best describes the impact of the law on police activities according to the Canadian Charter?

    <p>The Charter governs various aspects of police activities, including investigations.</p> Signup and view all the answers

    Study Notes

    Criminal Law & Procedure

    • Criminal law is a body of rules enacted by a legislature or by a judge applying common law
    • The power to create criminal law is divided between the federal and provincial governments.
    • Constitution Act, 1867, outlines the division of power.

    Criminal Law Power - Constitution Act, 1867

    • Section 91(27): Federal Parliament has exclusive authority over criminal law, except for the constitution of courts of criminal jurisdiction, including criminal procedure.
    • Section 92(14): Each province has exclusive authority over the Provincial Courts, their constitution, maintenance, and organization; both civil and criminal jurisdiction.

    Criminal Law Power - Court System

    • Supreme Court of Canada
    • Court of Appeal
    • Superior (Provincial) Court
    • Provincial Court

    Sources of Criminal Law

    • Constitutional Law
    • Statute Law
    • Common Law
    • Indigenous Legal Traditions

    What is Criminal Law?

    • Society's decision to define and prohibit certain behaviours through legislation, punishable by criminal penalties.

    Reference re Firearms Act (Can)

    • The Supreme Court of Canada (SCC) determined that the law is aimed at enhancing public safety by controlling gun access through prohibitions and penalties.
    • The SCC deemed the law acceptable as it does not encroach excessively on property or civil rights.

    The Canadian Charter of Rights and Freedoms

    • Applies to Canadian legislatures and government officials (e.g., police)
    • Relevant in criminal cases, addressing police investigations, bail, trials, and sentencing.

    Escape Hatches

    • Section 24(2): Evidence is excluded to protect the administration of justice.
    • Section 1: Reasonable limits clause.
    • Section 33: Notwithstanding clause.

    The Criminal Code

    • Codification brings the criminal law into a single, coherent, and exhaustive document.
    • Codification promotes certainty and predictability. Canada adopted a Criminal Code in 1892.

    Jobidon

    • Demonstrates the ongoing significance of common law in interpreting criminal code provisions.
    • The accused and victim engaged in consensual fighting.
    • The accused was acquitted, arguing consent to the fight wasn't criminal.
    • The Court of Appeal overturned the acquittal, finding consent was not valid.
    • Consent to bodily harm is not valid in criminal law.

    Jobidon - Dissent

    • The dissent argued the case was judicial law-making.
    • The statute clearly says consent to GBH is permissible.

    Interpretation of the Criminal Code

    • Words in an Act are interpreted in context, considering the scheme, object, and Parliament's intent.
    • Legislation is also interpreted in two official languages. Questions of legal interpretation are usually presented in a question form.

    Interpretation of the Criminal Code: R v Pare

    • Murder is first-degree when the death occurs during an indecent assault.
    • Strict vs. contextual legal interpretation; contextual favored in case.

    Reading/Briefing Cases

    • To use cases as precedent, understanding how to read cases is important.
    • The court's reasoning and decision are crucial components.
    • The overall goal is to understand the logic behind a decision.

    Facts

    • All cases start with relevant facts, isolating those that are legally relevant.

    Procedural History

    • Explanation of the procedural steps taken in the case.
    • Questions the court answered. Specific sections in a statute can highlight relevant legal issues.
    • Statements of relevant laws, and where those laws are found.

    Application

    • Applying the rules to the relevant facts. The court's final decision, or holding, is the conclusion.

    Ratio vs. Obiter Dictum

    • Ratio is the legal principle a case establishes.
    • Obiter dictum is incidental commentary.

    Remedy

    • The outcomes or consequences of the court's decision.

    Disposition/Order of the Court

    • A directive outlining the outcome or the effect of the court's decision, often presented as either affirmed or reversed.

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    Criminal Law & Procedure PDF

    Description

    This quiz explores the fundamentals of criminal law and procedure as defined by the Criminal Law Power under the Constitution Act, 1867. It covers the division of powers between federal and provincial governments, court systems, and sources of criminal law, including Constitutional, Statute, and Common Law. Test your knowledge on how these elements interact within the Canadian legal framework.

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