16 Questions
What is the primary purpose of a criminal information?
To initiate a charge against the accused
What are the three classifications of offences?
Summary Conviction, Indictable, Preliminary
What must be proven in a criminal case?
Elements of the offence
What is the time limit to initiate a charge for a summary conviction offence?
Six months after the offence date
What is the definition of peace officer?
A justice of the peace
What is psychological detention?
A suspension of a person's liberty
What is required to make an arrest?
Intent to detain
Are rights and freedoms under the Charter absolute?
False
What must an arresting officer have in order to make an arrest?
Reasonable grounds
What does 'finds committing' mean in the context of arrest?
Seeing a person commit an offence and immediately pursuing them
What is a violation of any federal law?
A criminal offence
For the purposes of arrest, what are dual procedure offences considered?
Indictable offences
What does S.24(2) of the Charter of Rights and Freedoms deal with?
The exclusion of evidence
What is the right of a person upon arrest or detention?
To be informed promptly of the reason and right to retain counsel
What is the right of a person under S.11(b) of the Charter of Rights and Freedoms?
To be tried within a reasonable time
What is the right of a person under S.8 of the Charter of Rights and Freedoms?
To be secure against unreasonable search or seizure
Study Notes
Federal Law
- Law refers to rules that protect everyone's rights.
Common Law
- Common Law is early traditional law that is not written down.
Summary Conviction Offences
- A charge for a summary conviction offence must be initiated within six months after the offence date.
Criminal Information
- A criminal information is a document sworn to that initiates the charge against the accused.
Classification of Offences
- There are three classifications of offences: Summary Conviction, Hybrid, and Indictable.
Elements of Offence
- Everything that must be proved after deciding to charge a person is called the elements of offence.
Rights and Freedoms
- Rights and Freedoms under the Charter are not absolute.
Peace Officer
- The definition of peace officer includes a justice of the peace and an auxiliary officer with the police service.
Psychological Detention
- Psychological Detention is a suspension of a person's individual liberty by psychological restraint.
Arrest
- An arrest is accomplished when you take or get physical control of someone with the intent to detain.
- An arresting officer must have reasonable grounds on which to base the arrest, and those grounds must be justifiable from an objective point of view.
Suspicious Circumstances
- Suspicious circumstances will not always be enough to satisfy reasonable grounds.
Finds Committing
- Finds committing means having reasonable grounds to believe a person has committed an offence and immediately/continuously pursuing them.
Criminal Offence
- A criminal offence is a violation of any federal law.
Dual Procedure Offences
- For the purposes of arrest, all dual procedure offences will be considered indictable.
Charter of Rights and Freedoms
- S.24(2) of the Charter of Rights and Freedoms deals with the exclusion of evidence.
- S.11(b) states a person must be tried within a reasonable time.
- Everyone has the right upon arrest or detention to be informed promptly of the reason and their right to retain and instruct counsel without delay.
- Everyone has the right to be secure against unreasonable search or seizure.
Self Defense
- S.35 CC refers to self-defense.
This quiz covers basic concepts of federal law and common law, including definitions, types, and characteristics. It also touches on criminal law and legal procedures.
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