Introduction to Canadian Law Quiz
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Questions and Answers

In the context of the legal system, what is the primary distinction between a 'rule' and a 'law'?

  • Rules are informal guidelines and can be changed frequently, while laws are formal and enforced by the government. (correct)
  • Rules are created by individuals, while laws are established by the government.
  • Rules are only applicable within a specific context, while laws are universal and apply to everyone.
  • Rules are based on tradition, while laws are based on logic and reason.

What is the primary focus of 'Criminal Law'?

  • Protecting the fundamental rights and freedoms of citizens.
  • Ensuring the smooth functioning of government agencies and their operations.
  • Resolving disputes between individuals, such as contract breaches or property ownership.
  • Defining and punishing offenses against society, such as theft or assault. (correct)

Which of the following scenarios best exemplifies the concept of 'acceptable risk' in contact sports?

  • A player refusing to participate in a game due to safety concerns.
  • A player suffering a minor injury during a game, considered an inherent part of the sport. (correct)
  • A player intentionally using a prohibited tackle to gain an advantage.
  • A coach implementing strict safety measures to prevent injuries.

In the context of the Canadian Charter of Rights and Freedoms, what is the significance of Section 7?

<p>It ensures the right to life, liberty, and security of the person for all citizens. (A)</p> Signup and view all the answers

Which of the following scenarios would likely be addressed under 'Private Law' (Civil Law)?

<p>A homeowner suing a construction company for poor workmanship. (B)</p> Signup and view all the answers

What is the primary distinction between the 'burden of proof' in criminal law and civil law?

<p>In criminal law, the prosecution must prove guilt beyond a reasonable doubt, while in civil law, the plaintiff must prove their case on the balance of probabilities. (D)</p> Signup and view all the answers

The Supreme Court case 'R v. Oakes' established that:

<p>Charter rights can be limited if the limitation is justified and demonstrably proportionate to the objective sought. (C)</p> Signup and view all the answers

What is the main focus of the Supreme Court case 'R v. Jordan' regarding the right to a timely trial?

<p>The case explored the potential for unreasonable delays in criminal trials to violate a defendant's right to a fair hearing. (C)</p> Signup and view all the answers

What is the primary role of a precedent case in common law?

<p>To guide judges in future cases with similar issues. (C)</p> Signup and view all the answers

Which legal principle requires a person to be brought before a court to determine if their detention is lawful?

<p>Habeas Corpus (C)</p> Signup and view all the answers

What represents the concept of fairness in the legal system, ensuring individuals receive what they are due?

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

In criminal cases in Canada, who represents the government?

<p>Crown Attorney (D)</p> Signup and view all the answers

What is the term for a proposed law that is introduced for debate and approval by a legislative body?

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

Which action allows a president or monarch to reject a proposed law?

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

What type of law involves unwritten norms and practices developed within a community?

<p>Customary Law (B)</p> Signup and view all the answers

What are written and formalized laws passed by a legislative body called?

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

What term describes the level of risk that is considered tolerable in specific situations?

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

What is a component of the Canadian Constitution that guarantees basic rights and freedoms to all Canadians?

<p>Charter of Rights and Freedoms (C)</p> Signup and view all the answers

What principle states that everyone, is subject to the law?

<p>Rule of Law (A)</p> Signup and view all the answers

What key legal concept did the R v. Oakes (1986) case help define?

<p>Reasonable Limits on Charter Rights (B)</p> Signup and view all the answers

According to the Oakes Test, what must the government demonstrate in regards to any law that could limit a Charter right?

<p>That the law has a pressing and substantial objective (A)</p> Signup and view all the answers

What issue was at the heart of the R v. Jordan (2016) case?

<p>Reasonable trial delays (B)</p> Signup and view all the answers

What did the R v. Oakes decision find regarding the reverse onus clause in the Narcotic Control Act?

<p>It violated the right to be presumed innocent but could be justifiable (C)</p> Signup and view all the answers

In which scenario would a citizen encounter criminal law as a defendant?

<p>A citizen is accused of driving under the influence of alcohol. (B)</p> Signup and view all the answers

Which of the following is not a core principle of the rule of law?

<p>Separation of powers (B)</p> Signup and view all the answers

What is the primary difference between Constitutional Law and Administrative Law?

<p>Constitutional Law deals with the structure of government, while Administrative Law deals with agency regulations. (B)</p> Signup and view all the answers

Which of these examples relates to Family Law?

<p>A person files for divorce and seeks custody of their children. (D)</p> Signup and view all the answers

What is the burden of proof in a Civil Law case?

<p>On the balance of probabilities (A)</p> Signup and view all the answers

Which of these cases best exemplifies Tort Law?

<p>A customer is injured by a defective product purchased at a store. (B)</p> Signup and view all the answers

In which area of law would the Canadian Charter of Rights and Freedoms be most relevant?

<p>Constitutional Law (B)</p> Signup and view all the answers

What is the primary purpose of Administrative Law?

<p>To regulate the activities of government agencies and their implementation of laws. (A)</p> Signup and view all the answers

Which of these scenarios demonstrates the principle of Supremacy of Law?

<p>A law enforcement officer is arrested and charged for bribery. (A)</p> Signup and view all the answers

Which statement best describes the concept of Equality Before the Law?

<p>The law treats everyone the same regardless of their background or circumstances. (B)</p> Signup and view all the answers

What is the primary difference between the burden of proof in Criminal Law and Civil Law?

<p>In Criminal Law, the prosecution must prove the defendant's guilt beyond a reasonable doubt, while in Civil Law, the plaintiff only needs to prove their case on the balance of probabilities. (A)</p> Signup and view all the answers

Which of these is not an example of a case related to Contract Law?

<p>A customer claims a product they purchased is defective and wants a refund. (A)</p> Signup and view all the answers

Which historical document is most closely associated with the development of the Rule of Law?

<p>The Magna Carta (A)</p> Signup and view all the answers

What type of law governs the relationship between employers, employees, and unions?

<p>Labour Law (D)</p> Signup and view all the answers

Which of these scenarios represents a direct interaction with Criminal Law?

<p>A citizen is arrested for stealing from a store. (A)</p> Signup and view all the answers

What is the primary focus of Property Law?

<p>All of the above. (D)</p> Signup and view all the answers

In R v. Jordan, what time limits were established for cases in provincial court?

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

According to the Supreme Court in R v. Godbout, when can police seize packages without a warrant?

<p>Only under exceptional circumstances (B)</p> Signup and view all the answers

R v. Patrick addressed what specific element of privacy?

<p>Privacy of garbage placed at the curb. (C)</p> Signup and view all the answers

In R v. Keegstra, what type of expression was found to be not protected by the Charter?

<p>Hate speech inciting violence (D)</p> Signup and view all the answers

What test did R v. Oakes establish to justify limits on Charter rights?

<p>The Oakes Test (A)</p> Signup and view all the answers

What does 'expectation of privacy' generally refer to?

<p>The right to protection from unreasonable government interference. (B)</p> Signup and view all the answers

What is the core principle of 'reverse onus' in legal proceedings?

<p>The burden of proof shifts from the prosecution to the defense in certain situations. (A)</p> Signup and view all the answers

Which of the following best defines anti-Semitism?

<p>Hostility towards Jewish people. (B)</p> Signup and view all the answers

What is the term for prejudice against Muslims or people perceived to be Muslim?

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

Extremism is best defined as:

<p>Beliefs, attitudes, or actions far outside the mainstream. (A)</p> Signup and view all the answers

What was the main legal issue considered in R v. Patrick regarding a persons garbage?

<p>Whether the search of Patrick's garbage violated his expectation of privacy. (C)</p> Signup and view all the answers

What did the court rule in R v. Keegstra regarding the extent of freedom of expression?

<p>Freedom of expression is not absolute and can be limited in certain cases. (D)</p> Signup and view all the answers

Which case established time limits for trials to prevent unreasonable delays?

<p>R v. Jordan (A)</p> Signup and view all the answers

What did R v. Godbout primarily focus on regarding police actions?

<p>The necessity of warrants for search and seizure. (D)</p> Signup and view all the answers

Which of the cases directly addressed the privacy expectation related to garbage placed in a public space?

<p>R v. Patrick (D)</p> Signup and view all the answers

Which of the following best describes the core principle of right-wing political ideology?

<p>Focus on tradition, individualism, and limited government intervention. (A)</p> Signup and view all the answers

What is the primary aim of the justice system?

<p>To maintain social order, protect citizens' rights, and resolve conflicts fairly. (A)</p> Signup and view all the answers

What is the key characteristic that distinguishes discrimination from other forms of social bias?

<p>It involves unequal or unfair treatment based on specific characteristics. (D)</p> Signup and view all the answers

A company only promotes employees of a particular ethnic background, while ignoring employees of other ethnicities with the same qualifications. What is this an example of?

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

In a criminal case citation, what does 'R' typically represent?

<p>The Crown, representing the government or the state (B)</p> Signup and view all the answers

Which of the following is the most accurate example of a stereotype?

<p>A teacher assumes that if a student struggles in one subject, they will also struggle in other subjects. (A)</p> Signup and view all the answers

What distinguishes a civil law citation from a criminal law citation?

<p>Criminal law involves the Crown as a party while civil law involves private individuals or organizations. (A)</p> Signup and view all the answers

Which scenario best illustrates workplace sexual harassment?

<p>A colleague makes persistent and inappropriate comments about another colleague's appearance. (A)</p> Signup and view all the answers

What is the primary function of the 'Oakes Test'?

<p>To assess whether a law that limits Charter rights can be justified. (D)</p> Signup and view all the answers

According to the proportionality test within the Oakes test, what should a law that limits a Charter right do?

<p>Be rationally connected to the objective, minimize the infringement, and not be disproportionate to the objective. (C)</p> Signup and view all the answers

What does 'actus reus' refer to in criminal law?

<p>The physical act committed during the crime. (B)</p> Signup and view all the answers

Which of the following best defines 'mens rea' in the context of criminal law?

<p>The intention, knowledge, or recklessness of committing a crime. (A)</p> Signup and view all the answers

What does restorative justice primarily focus on?

<p>Repairing the harm caused by criminal behavior and fostering reconciliation. (C)</p> Signup and view all the answers

Which of the following is a core value of restorative justice?

<p>Emphasis on accountability, healing, and inclusion. (B)</p> Signup and view all the answers

If a person commits an act while sleepwalking, what legal defence might they use?

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

What is the legal concept that applies when someone deliberately avoids knowing about illegal activity?

<p>Wilful Blindness (B)</p> Signup and view all the answers

What is the role of legal professionals in the justice system?

<p>To ensure fairness and that each party has a voice in the legal process. (B)</p> Signup and view all the answers

A driver disregards a red light and speeds through an intersection, causing an accident. What does this exemplify?

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

What is the purpose of the Crown Attorney in criminal cases?

<p>To represent the government or state as the prosecuting party. (A)</p> Signup and view all the answers

In the context of restorative justice, what does 'reparation' involve?

<p>Encouraging offenders to understand the impact of the their actions and to make an effort to repair the harm through restitution or community service. (C)</p> Signup and view all the answers

A store owner doesn't clean a spilled liquid on the floor. A customer slips, falls, and gets injured. What does this qualify as?

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

Which best describes 'homicide'?

<p>The act of causing the death of another person. (A)</p> Signup and view all the answers

What concept is being evaluated in the 'Pressing and Substantial Objective' portion of the Oakes Test?

<p>The importance and meaningfulness of the law's objective. (A)</p> Signup and view all the answers

What is the result of a law failing the 'Oakes Test'?

<p>The law cannot limit the Charter right. (B)</p> Signup and view all the answers

What is the defining factor that distinguishes 1st degree from 2nd degree murder?

<p>The presence of premeditation or prior planning. (B)</p> Signup and view all the answers

In the citation 'R v. Smith', who is 'Smith'?

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

Which situation most accurately reflects manslaughter?

<p>A person becomes upset during an argument and kills another person, without intending to do so. (C)</p> Signup and view all the answers

A person threatens to punch another person, raising their fist in a menacing way but does not hit the person. What is this an example of?

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

Which of the following is a civil law case?

<p>A disagreement on a property line between two neighbours. (C)</p> Signup and view all the answers

What is the main difference in focus between restorative justice and traditional criminal justice?

<p>Restorative justice seeks to restore relationships and heal harm, while traditional justice is focused on punishment. (D)</p> Signup and view all the answers

Which of the following best exemplifies aggravated sexual assault?

<p>A person sexually assaults another and causes serious physical injury. (D)</p> Signup and view all the answers

Which scenario most accurately describes 'Aggravated Assault'?

<p>A person uses a weapon to inflict severe bodily harm. (A)</p> Signup and view all the answers

What is the core distinction between Simple Assault and Aggravated Assault?

<p>Simple Assault involves no actual injury, whereas Aggravated Assault involves serious bodily harm. (C)</p> Signup and view all the answers

If an individual is found NCR, it means:

<p>They are not held criminally responsible due to a mental disorder. (C)</p> Signup and view all the answers

Which of the following situations best describes criminal harassment?

<p>A person repeatedly sends unwanted messages and follows a person causing fear. (A)</p> Signup and view all the answers

What is the primary focus of a police perimeter at a crime scene?

<p>To prevent the contamination of evidence and maintain the integrity of scene. (C)</p> Signup and view all the answers

What does the 'Chain of Custody' refer to in a legal context?

<p>The documentation and handling of evidence from collection to court presentation. (D)</p> Signup and view all the answers

What is the difference between 'Class characteristics' and 'Individual characteristics' in evidence?

<p>Class characteristics place an item in a group, individual characteristics trace to a specific source. (D)</p> Signup and view all the answers

According to Section 7 of the Charter, which of the following is NOT a right guaranteed to every individual?

<p>The right to freedom of movement. (C)</p> Signup and view all the answers

Which of these is an example of Individual Characteristic evidence?

<p>A fingerprint at a scene. (B)</p> Signup and view all the answers

What is the primary purpose of Section 8 of the Canadian Charter of Rights and Freedoms?

<p>To protect individuals against unreasonable search or seizure. (A)</p> Signup and view all the answers

What is the purpose of 'Genetic Genealogy' in criminal investigations?

<p>To track relatives of a suspect using DNA databases and genealogy records. (B)</p> Signup and view all the answers

Which section of the Charter protects individuals against being detained or imprisoned without a legitimate reason?

<p>Section 9. (A)</p> Signup and view all the answers

If someone is arrested, which of the following rights is NOT explicitly guaranteed under Section 10 of the Charter?

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

Why was Steven Truscott exonerated?

<p>New DNA testing results and a re-examination of the case. (B)</p> Signup and view all the answers

What is the primary characteristic of a 'Cold Case'?

<p>It is a criminal case with no new leads for a long time. (D)</p> Signup and view all the answers

Which of the following describes the principle of 'presumption of innocence' as outlined in Charter Section 11(d)?

<p>The prosecution must prove the defendant's guilt beyond a reasonable doubt. (A)</p> Signup and view all the answers

Under what circumstances might a court exclude evidence in a trial, according to Section 24(2) of the Charter?

<p>If the evidence was obtained in a manner that violated the rights under the Charter and admitting it would discredit the justice system. (B)</p> Signup and view all the answers

Which definition most accurately describes 'Deterrence' in the context of criminal justice?

<p>The punishment to prevent others from similar offenses. (D)</p> Signup and view all the answers

What does recidivism primarily refer to?

<p>The likelihood of a convicted criminal to reoffend. (B)</p> Signup and view all the answers

Which of the following is the best definition of 'substantive justice'?

<p>Ensuring that laws themselves are fair and respect individual rights. (D)</p> Signup and view all the answers

What was the key background of the Tim Bosma case?

<p>He was on a test drive with potential buyers of his truck from an ad. (C)</p> Signup and view all the answers

What is the definition of 'procedural justice'?

<p>The fairness of processes for enforcing laws, ensuring individuals are treated fairly during a trial. (B)</p> Signup and view all the answers

Which component of the justice system is primarily responsible for enforcing laws and investigating crimes?

<p>Law enforcement. (B)</p> Signup and view all the answers

Which part of the justice system handles the management of convicted individuals and their rehabilitation?

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

Within the legal context, what best describes 'justice'?

<p>Ensuring that laws are applied fairly and equally to all individuals and that legal processes respect the rights of all involved. (C)</p> Signup and view all the answers

A person is arrested, but the police do not inform them of the reason for the arrest. Which section of the Charter is most directly violated?

<p>Section 10. (B)</p> Signup and view all the answers

If police search a home without a warrant and without reasonable grounds, which section of the Charter is most directly violated?

<p>Section 8. (B)</p> Signup and view all the answers

Which section of the Charter specifically relates to 'security of the person'?

<p>Section 7. (D)</p> Signup and view all the answers

According to the provided content, if a person is not allowed to see a lawyer when detained by police, which Charter section is most directly violated?

<p>Section 10. (A)</p> Signup and view all the answers

Which of the following best describes the core debate surrounding immigration laws?

<p>The conflict between national interests, public opinion, and humanitarian concerns. (D)</p> Signup and view all the answers

What is a key concern regarding government surveillance programs?

<p>Their potential to infringe on individual privacy. (B)</p> Signup and view all the answers

What was a significant outcome of the R v. David Milgaard case?

<p>It highlighted the need for reforms in how evidence is handled in criminal cases. (A)</p> Signup and view all the answers

What technological advancement played a key role in exonerating Guy Paul Morin?

<p>DNA testing. (D)</p> Signup and view all the answers

How do employment laws directly affect an individual?

<p>By ensuring fair wages and protection from discrimination. (C)</p> Signup and view all the answers

Which of the following is an example of how laws affect health and the environment?

<p>Regulations on food safety and waste disposal. (D)</p> Signup and view all the answers

How do family laws impact individuals?

<p>They govern marriage, divorce, and child custody. (B)</p> Signup and view all the answers

What is the main purpose of consumer protection laws?

<p>To protect consumers from fraud and unsafe products. (B)</p> Signup and view all the answers

What is a key difference between a rule and a law?

<p>A rule is less formal and has more limited authority than a law. (D)</p> Signup and view all the answers

Which example best illustrates a rule?

<p>A rule about double dribbling in basketball. (A)</p> Signup and view all the answers

In contact sports, what does 'acceptable risk' generally involve?

<p>Risks that are inherent to the sport and reasonable. (A)</p> Signup and view all the answers

In the legal sense, what is 'acceptable risk'?

<p>The level of risk that is reasonable despite hazardous circumstances. (C)</p> Signup and view all the answers

What did the David Milgaard case highlight regarding the criminal justice system?

<p>The failure to consider new evidence seriously. (D)</p> Signup and view all the answers

Which of the following is a way that laws shape our daily lives mentioned in the text?

<p>By regulating traffic and preventing crime. (B)</p> Signup and view all the answers

What type of laws guarantee fundamental rights, such as freedom of speech, privacy, and the right to a fair trial?

<p>Human rights laws. (B)</p> Signup and view all the answers

What is the correct definition of 'consent' in sports participation?

<p>Players understand the risks and voluntarily agree without coercion. (C)</p> Signup and view all the answers

Which of the following is NOT a criterion for acceptable risk in sports?

<p>The risk must involve excessive danger. (A)</p> Signup and view all the answers

What was the legal issue in the case of R v Bertuzzi?

<p>Whether Bertuzzi's actions were deemed a normal play. (A)</p> Signup and view all the answers

In the context of the law, what does 'criminal law' primarily deal with?

<p>Behavior considered harmful to society, leading to prosecution. (A)</p> Signup and view all the answers

What distinguishes 'administrative law' from other types of law?

<p>It regulates the actions of government agencies and their rules. (C)</p> Signup and view all the answers

Which of the following best captures the outcome of R v McSorley?

<p>McSorley was found guilty of assault for intentional violence with a stick. (C)</p> Signup and view all the answers

What is one element that disqualifies consent in sports?

<p>Participation under coercion or duress. (C)</p> Signup and view all the answers

In terms of safety measures, what should be implemented in contact sports?

<p>Safety measures should be implemented to minimize unnecessary risk. (D)</p> Signup and view all the answers

What role does the Criminal Code of Canada play?

<p>It outlines criminal offenses and associated punishments for those offenses. (C)</p> Signup and view all the answers

Which of the following behaviors is likely to fall under criminal law?

<p>Committing theft from a store. (C)</p> Signup and view all the answers

What does the term 'reckless actions' refer to in sports?

<p>Actions that ignore the safety and wellbeing of others. (A)</p> Signup and view all the answers

What can lead to criminal liability in contact sports?

<p>Excessive violence beyond accepted levels of contact. (D)</p> Signup and view all the answers

What is a key characteristic of 1st-degree murder?

<p>It involves intent to kill (D)</p> Signup and view all the answers

Section 2 of the Charter protects which of the following freedoms?

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

What does Section 9 of the Charter entail?

<p>Protection against arbitrary detention (A)</p> Signup and view all the answers

In R v. Keegstra, the Supreme Court ruled that hate speech could be restricted under which section of the Charter?

<p>Section 2(b) (B)</p> Signup and view all the answers

What is the significance of the reasonable limits test defined in R v. Oakes?

<p>It allows limitations on rights if justifiable (B)</p> Signup and view all the answers

What does Section 11(d) of the Charter guarantee?

<p>Presumption of innocence until proven guilty (D)</p> Signup and view all the answers

Which case involved the concept of sleepwalking as a defense in a murder trial?

<p>R v. Parks (D)</p> Signup and view all the answers

Which section of the Charter protects against unreasonable searches?

<p>Section 8 (C)</p> Signup and view all the answers

What is the effect of Section 24(2) of the Charter on illegally obtained evidence?

<p>It may be excluded if it violates Charter rights (D)</p> Signup and view all the answers

Which of the following best describes negligence in criminal law?

<p>Failure to take reasonable care to avoid harm (B)</p> Signup and view all the answers

Which freedom does Section 2(a) of the Charter protect?

<p>Freedom of conscience and religion (D)</p> Signup and view all the answers

Why is the Canadian Charter of Rights and Freedoms crucial for citizens?

<p>It protects individual rights from infringement (C)</p> Signup and view all the answers

What type of homicide involves an unintentional killing?

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

What is the primary purpose of Section 1 of the Charter?

<p>To allow reasonable limits on rights (A)</p> Signup and view all the answers

What is a key component of restorative justice concerning the way it treats individuals?

<p>It seeks to maintain the dignity of all involved and fosters mutual respect. (B)</p> Signup and view all the answers

Which of the following best describes how restorative justice empowers victims?

<p>By offering victims a chance to express their experience directly and have a voice in the resolution. (A)</p> Signup and view all the answers

A reduction in what is a key benefit of restorative justice for offenders?

<p>Recidivism (repeat offending) (C)</p> Signup and view all the answers

How does restorative justice contribute to community well-being?

<p>By involving communities in the process and rebuilding trust. (B)</p> Signup and view all the answers

What aspect of restorative justice contributes to potential cost-effectiveness?

<p>Offering alternatives to incarceration. (A)</p> Signup and view all the answers

Why might restorative justice be considered 'not suitable' for all crimes?

<p>It may not be appropriate for severe violent crimes where victims may not be comfortable engaging directly. (B)</p> Signup and view all the answers

What potential effect could there be on victims if they participate in restorative justice when they are not ready?

<p>Further emotional harm or stress. (B)</p> Signup and view all the answers

Why can the outcomes of restorative justice be considered inconsistent?

<p>Outcomes vary based on factors like the offender's willingness, the crime’s severity, and community support. (C)</p> Signup and view all the answers

Which situation might present a higher risk of re-traumatization for a victim in restorative justice?

<p>Interacting with the offender in a sexual crime scenario. (D)</p> Signup and view all the answers

What can hinder a community's ability to implement restorative justice programs effectively?

<p>The lack of the necessary resources and support systems. (B)</p> Signup and view all the answers

What is the primary focus of restorative justice?

<p>Repairing harm and involving all parties in the process. (D)</p> Signup and view all the answers

In a civil court case, who is the party that initiates the lawsuit?

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

What principle underlies retribution as a form of punishment?

<p>An eye for an eye, where punishment fits the offense. (C)</p> Signup and view all the answers

What does restitution primarily involve in the context of criminal justice?

<p>Reimbursing the victim for losses or harm. (B)</p> Signup and view all the answers

How does restitution differ from retribution and restorative justice?

<p>Restitution focuses on ensuring the offender has paid back what they owe to the victim, retribution aims solely to punish, while restorative justice seeks to heal. (D)</p> Signup and view all the answers

In the case of R v Parks (1992), what was the primary legal defense that led to the acquittal of the accused?

<p>Automatism due to sleepwalking. (C)</p> Signup and view all the answers

What key factor differentiated R v Minassian from other cases involving claims of mental illness?

<p>Minassian did not claim insanity, but instead argued he was driven by incel ideology. (D)</p> Signup and view all the answers

In the Zameer Case, despite the history of domestic abuse, what was the primary reason the court found Zameer guilty of second-degree murder?

<p>The amount of force used in the killing was deemed excessive, ruling out self-defense. (A)</p> Signup and view all the answers

What was the central legal issue in R v Morris (2007) pertaining to the defendant's responsibility?

<p>Whether his mental state at the time of the accident should lessen culpability in the drunk driving incident. (D)</p> Signup and view all the answers

Which of the following statements best describes the Tim Bosma case?

<p>A murder case arising from a truck test drive where the victim's body was found after the fact. (C)</p> Signup and view all the answers

According to the provided content, why is capital punishment considered a controversial issue in law?

<p>Because of the possibility of wrongful convictions and issues of human rights. (B)</p> Signup and view all the answers

Why are abortion laws a frequent source of legal and ethical debate?

<p>Because they involve a conflict between a woman's 'right to choose' and the 'right to life' of the fetus. (C)</p> Signup and view all the answers

What is the central debate surrounding gun control laws, as described in the provided material?

<p>The conflict between the right to bear arms for self-defense and the need to limit access to firearms to reduce violence. (B)</p> Signup and view all the answers

What is one of the main reasons for the debate surrounding drug legalization?

<p>Whether drug use should be treated as a criminal issue or a public health issue. (B)</p> Signup and view all the answers

Which case explored the issue of battered spouse syndrome in relation to self-defense?

<p>Zameer Case (D)</p> Signup and view all the answers

What key principle was reinforced in the R v Morris (2007) case regarding impaired driving?

<p>That people should be held accountable for the consequences of impaired driving, regardless of their mental state at the time. (A)</p> Signup and view all the answers

What was a key piece of evidence that linked the accused to the crime in the Tim Bosma case?

<p>Surveillance footage and the discovery of physical evidence. (C)</p> Signup and view all the answers

Which of the following cases did NOT involve a death that resulted in a murder charge?

<p>R v Morris (A)</p> Signup and view all the answers

In the context of legal issues and crimes, what was the primary motivational factor behind the R v Minassian case?

<p>Incel ideology and a desire to punish women. (A)</p> Signup and view all the answers

What is the main reason many legal issues are controversial?

<p>Because of complex questions of ethics, morality, and public interest. (D)</p> Signup and view all the answers

Flashcards

Law

A formal rule established by the government or legal authority, like a law against theft.

Rule

A guideline or restriction that is enforced in a specific context, like a sports game.

Beyond a Reasonable Doubt

The burden of proof in criminal cases, where the prosecution must prove guilt beyond a reasonable doubt.

Balance of Probabilities

The burden of proof in civil cases, where the plaintiff must prove their case on the balance of probabilities.

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Expectation of Privacy

The right to privacy in situations like home searches or personal data handling.

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Justice System

The legal structure that enforces laws and ensures fair trials.

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Justice

Ensuring fairness and equality in the legal process.

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Criminal Law

Deals with crimes and punishments, such as theft, murder, and assault.

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Actus Reus

The physical act of committing a crime.

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Mens Rea

The mental intent to commit a crime.

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Negligence

Failure to take reasonable care to avoid harm to others.

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Homicide

The unlawful killing of another person.

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1st-Degree Murder

The most severe form of murder, involving premeditation and planning.

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2nd-Degree Murder

Unplanned murder, committed in the heat of the moment, without premeditation.

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Manslaughter

Unintentional killing, often resulting from recklessness or negligence.

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Automatism

A defense that claims an individual was not in control of their actions due to a mental state or involuntary action, such as sleepwalking.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a document outlining the fundamental rights and freedoms of all Canadians.

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Section 1: Reasonable Limits

This section of the Charter allows reasonable limits on rights and freedoms if they can be justified in a free and democratic society.

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Section 2: Fundamental Freedoms

This section guarantees fundamental freedoms including freedom of expression, religion, assembly, and association.

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Section 7: Life, Liberty, and Security of the Person

Guarantees the right to life, liberty, and security of the person, except in accordance with principles of fundamental justice.

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Section 8: Search and Seizure

This section protects individuals from unreasonable searches and seizures by the government.

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Section 9: Detention or Imprisonment

This section protects individuals from arbitrary detention or imprisonment.

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Section 10: Arrest or Detention

This section ensures anyone arrested or detained has the right to be informed of the reasons for arrest/detention, consult a lawyer, and have a timely hearing.

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Justice System's Goal

The legal system's objective is to uphold societal order by ensuring fairness and impartiality in resolving disputes.

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Criminal Law Citation

A legal case citation involving the Crown or government, typically as the prosecutor.

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Civil Law Citation

A legal case citation involving individuals or organizations, typically the plaintiff and defendant.

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Pressing and Substantial Objective Test

The test used to determine if a law limiting Charter rights can be justified by a significant goal.

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Proportionality Test

The part of the Oakes Test that assesses the proportionality of a law limiting Charter rights.

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Rationally Connected

The government must demonstrate a clear connection between the law and its objective.

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Minimal Impairment

The law should minimize the infringement of Charter rights.

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Not Outweighing

The law's benefits should outweigh the drawbacks of limiting Charter rights.

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Restorative Justice

An approach to justice that focuses on restoring relationships, promoting healing, and holding wrongdoers accountable.

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Accountability (Restorative Justice)

Encourages offenders to take responsibility for their actions and the harm they have caused.

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Healing (Restorative Justice)

Aims to restore emotional well-being for victims, offenders, and the community.

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Reparation (Restorative Justice)

Encourages offenders to make amends for their actions.

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Inclusion (Restorative Justice)

Emphasizes the participation of victims, offenders, and the community in the justice process.

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Community Focus (Restorative Justice)

Seeks to involve the community in the process of justice and healing.

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The Crown

Represents the government or state in criminal cases.

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Section 11(d): Presumption of Innocence

This section establishes that anyone accused of a crime is considered innocent until proven guilty in a fair trial by an impartial court.

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Section 24(2): Exclusion of Evidence

This section allows courts to exclude evidence obtained through Charter violations, ensuring a fair trial. If evidence is obtained illegally, it may be excluded from the trial.

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Substantive Justice

Substantive justice focuses on the fairness of the laws themselves, ensuring they respect individual rights. Laws must be just and fair.

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Procedural Justice

Procedural justice emphasizes the fairness of the legal process. It ensures that trials, hearings, and legal procedures are unbiased and respect everyone's rights.

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The Justice System

The justice system includes all institutions and processes related to upholding laws, ensuring justice is served, and protecting individual rights.

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Law Enforcement

Law enforcement includes police and authorities who enforce laws, investigate crimes, and maintain public safety. They are responsible for protecting everyone.

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Courts

Courts consist of judges, lawyers, and juries, responsible for interpreting laws, hearing cases, and making decisions, like determining guilt or innocence.

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Corrections

Corrections includes prisons, probation, and parole systems. They deal with convicted offenders, ensuring they serve their sentences and potentially undergo rehabilitation.

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Section 1 of the Charter

It allows for reasonable limits on rights. It balances individual rights with the needs of society.

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Section 2 of the Charter: Fundamental Freedoms

This section is about fundamental freedoms, including expression, assembly, religion, and association. It protects our ability to engage in these activities.

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Circle Sentencing

A type of restorative justice practice where community members support both the victim and the offender.

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Respect and Dignity in Restorative Justice

A process that values the dignity of every person involved and creates a safe space for sharing experiences.

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Empowerment for Victims

The chance for victims to express the impact of the crime on them and have a voice in resolving the situation.

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Emotional Healing for Victims

Victims experiencing a sense of closure and emotional relief by seeing the offender taking responsibility.

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Reduced Fear for Victims

Reducing fear and anger by being involved in a process aimed at healing rather than escalating conflict.

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Accountability for Offenders

Offenders taking responsibility for their actions and having the opportunity to grow and change.

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Reduction in Recidivism for Offenders

Decreased likelihood of reoffending by understanding the impact of actions and making amends.

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Restoration of Relationships for Offenders

Restoring relationships with victims and the community, leading to reintegration into society.

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Rebuilding Trust in the Community

Increased trust in the justice system by being perceived as more equitable and effective than traditional methods.

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Community Involvement

Community members taking active roles in justice, promoting shared responsibility for crime prevention and offender rehabilitation.

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Cost-Effectiveness for the Justice System

Cost-effectiveness compared to traditional criminal justice procedures, potentially reducing prison overcrowding.

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Plaintiff

The person or party who brings a lawsuit in a civil court, seeking legal remedy or damages from the defendant.

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Retribution

Punishment proportionate to the crime committed, based on the idea of 'an eye for an eye'.

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Restitution

The restoration or repayment of something lost or taken, involving the offender compensating the victim.

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Precedent Case

A legal case that sets a standard for future cases with similar issues.

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Common Law

Legal principles developed through court decisions, rather than written laws.

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Habeas Corpus

A Latin phrase meaning 'you shall have the body,' it's a legal principle protecting individuals against unlawful detention.

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Morals

Principles of right and wrong behavior, often based on personal or cultural beliefs.

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Values

Beliefs or ideals that guide behavior in society, such as respect, honesty, and fairness.

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Crown Attorney

A Canadian prosecutor who represents the government in criminal cases.

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Bill

A proposed law introduced for debate and approval.

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Veto

Formal rejection of a proposed law by an authority, like a president.

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Customary Law

Legal norms and practices developed over time in a specific community or culture.

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Statutes

Written laws passed by a legislative body, like parliament.

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Acceptable Risk

The acceptable level of risk tolerated in certain situations, like sports or business.

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Charter of Rights and Freedoms

Part of the Canadian Constitution guaranteeing fundamental rights and freedoms.

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Rule of Law

The principle stating that everyone, including government officials, is subject to the law.

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R v. Oakes (1986)

A landmark Supreme Court case defining reasonable limits on Charter rights.

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R v. Jordan (2016)

A Supreme Court case setting a new standard for reasonable trial delays.

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Reasonable Trial Time

A legal principle that ensures a fair and timely trial within a set time limit, preventing unreasonable delays that violate Charter rights.

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Oakes Test

A legal test used to assess whether limits placed on a person's Charter rights are justified.

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Reverse Onus

The legal principle where the accused must prove their innocence rather than the prosecution proving their guilt.

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Right to Security of the Person

Protected under Section 8 of the Charter, this prevents unreasonable searches and seizures.

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Anti-Semitism

Prejudice, discrimination, and hostility against Jewish people.

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Islamophobia

Fear, prejudice, and hatred against Muslims or those perceived to be Muslim.

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Extremism

Beliefs, attitudes, and actions that are extreme and far outside the mainstream, often advocating for radical change.

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Hate Speech

Speech that incites violence or hatred against individuals or groups based on protected characteristics.

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R. v. Godbout (1997) - Search & Seizure

The Supreme Court's decision in R. v. Godbout, emphasizing the need for a proper warrant or reasonable grounds for searches and seizures.

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Time Limits for Trial Delays (R. v. Jordan)

Cases in provincial court must be tried within 18 months, and superior court cases within 30 months.

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R. v. Keegstra (1990) - Freedom of Expression

The Supreme Court's decision in R. v. Keegstra, affirming that freedom of expression does not extend to hate speech.

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R. v. Patrick (2009) - Privacy & Garbage

The Supreme Court's decision in R. v. Patrick, concluding that there is no expectation of privacy for garbage left in a public space.

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Criminal Justice System

The legal process that involves gathering evidence, conducting trials, and applying legal principles to resolve disputes.

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Seizure

The action of taking something into custody, usually by police or law enforcement.

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Aggravated Assault

A severe crime involving intentional serious bodily harm to someone, often with a weapon.

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Aggravated Sexual Assault

A serious type of sexual assault where the victim suffers serious injury, a weapon is used, or threats of harm are involved.

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NCR (Not Criminally Responsible)

A defense in criminal law where the accused person is not considered responsible for their actions due to a mental disorder at the time of the crime.

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Criminal Harassment

Involves repeatedly engaging in unwanted behavior that makes someone fear for their safety, such as stalking or making threats.

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Stalking

Repeated and unwanted attention or surveillance that causes fear or distress to the person being stalked.

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Intimate Images

Explicit photos or videos of a sexual nature involving a person, usually taken in private. Distributing these images without consent is illegal.

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Crimes Motivated by Hate

Criminal acts motivated by prejudice against someone's race, religion, gender, sexuality, or other protected characteristics.

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Perimeter (of a crime scene)

The boundary around a crime scene, established to prevent contamination of evidence and protect the investigation.

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Centre (of a crime scene)

The point within a crime scene where the crime occurred or where most evidence is found.

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Chain of Custody

Documentation and handling of evidence throughout its journey from collection to court, ensuring its integrity.

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Class Characteristics of Evidence

General features of evidence that can be used to categorize it but not identify a specific person.

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Individual Characteristics of Evidence

Unique features of evidence that can be traced back to a specific source, like a fingerprint.

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DNA Evidence

Biological material (blood, saliva, hair) used to identify individuals with high certainty.

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Deterrence

The idea that punishment for a crime deters others from committing similar offenses.

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Recidivism

The tendency for convicted criminals to reoffend after punishment or rehabilitation.

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Right-wing

Political ideologies emphasizing tradition, order, and individualism. Often associated with conservative views, support for limited government intervention in the economy, and a strong national identity.

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Discrimination

Unfair or unequal treatment of individuals or groups based on characteristics like race, gender, religion, disability, or sexual orientation. Violates the principle of equality and is a human rights violation.

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Stereotyping

Generalizing or assuming characteristics about an individual or group based on preconceived notions or societal beliefs. Often oversimplified and inaccurate.

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Workplace Harassment

Unwelcome behavior that creates a hostile, intimidating, or offensive environment. Can include verbal, physical, or visual conduct.

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Workplace Sexual Harassment

A form of workplace harassment involving unwelcome sexual advances, comments, or behavior. Creates an uncomfortable or hostile environment.

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Wilful Blindness

When a person deliberately avoids awareness of facts or circumstances that they suspect are criminal. Considered the same as having actual knowledge.

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Recklessness

The state of mind where a person consciously disregards a substantial risk that their actions will cause harm.

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R v Morris (2007)

A legal case that highlighted the importance of holding individuals accountable for their actions, even if they were intoxicated, in cases involving impaired driving.

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Mental Illness Defense

A legal defense that argues an individual was not criminally responsible for their actions due to a mental illness or condition that impaired their ability to understand the nature and consequences of their actions.

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Tim Bosma Case

A murder case involving two men who killed Tim Bosma during a truck test drive, leading to their conviction in 2017.

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R v Parks (1992)

A legal case where the court upheld the principle that a person found not criminally responsible (NCR) for a crime committed while sleepwalking, highlighting the role of automatism in criminal law.

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Zameer Case

A murder case that involved domestic abuse and highlighted complex legal issues surrounding battered spouse syndrome and self-defense in intimate partner violence.

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Yasir Zameer

A homicide investigation where Yasir Zameer was found guilty of the second-degree murder of his wife after years of domestic abuse.

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Intoxication Defense

The defense strategy of arguing that an individual should not be fully responsible for their crime due to factors like intoxication or mental state.

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Intent & Premeditation (Mass Killings)

The legal principle that emphasizes intent and premeditation as key factors in determining guilt for mass killings.

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Capital Punishment

The philosophical and legal debate surrounding the death penalty, considering human rights, wrongful convictions, and the state's role in taking a life.

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Abortion Laws

The ongoing legal and societal debate surrounding the practice of abortion, balancing a woman's right to choose with the right to life of the fetus.

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Incel Ideology (Mass Killing)

A legal defense employed in a mass killing case where the defendant did not plead insanity but argued that their actions were driven by incel ideology, leading to a conviction for 10 murders and 16 attempted murders.

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Legalization of Drugs

The debate about the legalization of marijuana and other drugs, considering the potential for reduced crime, tax revenue, and public health risks.

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Gun Control

The public debate involving laws surrounding gun ownership and control, balancing the right to bear arms with the need to reduce gun violence.

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How Laws Affect Daily Life

Laws that regulate various aspects of society, including personal safety, rights and freedoms, business, employment, and health and environment.

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Acceptable Risk in Law

The level of risk that is considered reasonable under certain circumstances, allowing for higher levels of risk when appropriate precautions are taken.

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Acceptable Risk in Contact Sports

The degree of risk considered acceptable in contact sports, where participants are aware of potential injuries but accept them as part of the game.

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Wrongful Conviction

The wrongful conviction of an individual, often due to flawed evidence or procedures, leading to a miscarriage of justice.

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R v. David Milgaard

The case of David Milgaard, who was wrongfully convicted of rape and murder and spent 23 years in prison before being exonerated by DNA evidence.

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R v. Guy Paul Morin

The case of Guy Paul Morin, who was wrongfully convicted of rape and murder and spent 9 years in prison before being exonerated by DNA evidence.

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Privacy vs. National Security

The balance between protecting national security and respecting individual freedoms in areas like surveillance, data privacy, and counterterrorism.

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Rights of Refugees and Immigrants

Laws and policies regarding immigration, often debated based on national interests, public opinion, and humanitarian considerations.

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Criminal Law Citation (R v.)

A legal case in which the Crown (government) acts as the prosecutor against an individual accused of a crime.

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Consent in Sports

Agreement by a player to knowingly and voluntarily accept the inherent risks of a sport.

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Acceptable Risk in Sports

Risks that are reasonably foreseeable and inherent to the sport, considered acceptable within its rules and guidelines.

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Constitutional Law

The body of law that governs the structure and function of the government, including the rights and freedoms of individuals.

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Criminal Code of Canada

A federal statute that defines criminal offenses and their punishments in Canada.

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Intentional Harm in Sports

The intentional act of harming another person beyond acceptable conduct in a sport, regardless of the context of a game.

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Administrative Law

The branch of law governing government agencies' actions and regulations.

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Government Enforcement

Actions taken by government agencies to enforce laws and regulations.

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Assault with a Weapon in Sports

A deliberate act of attacking another player with a weapon, going beyond acceptable physical contact in a sport.

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Reckless Conduct in Sports

Behavior in sports that is reckless and goes beyond the accepted physicality of the sport, potentially leading to legal consequences.

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R v Bertuzzi and R v McSorley

Cases that highlight the intersection of sports and criminal law, where violence goes beyond acceptable risk.

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Criminal Law Sanctions

Punishments for criminal offenses, including imprisonment, fines, or community service.

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Inherent Risk in Sports

The inherent risks of a sport that are considered acceptable, but should not involve intentional harm.

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Excessive Risk in Sports

The level of risk that is excessive and goes beyond the expected and acceptable levels in a sport.

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Penalties

The consequences of breaking the law, such as imprisonment or fines.

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Canadian Constitution

The document that establishes the core laws and principles of governing Canada.

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Civil Law

Another term for private law, which deals with disputes between individuals or organizations.

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Family Law

The branch of law that governs relationships between family members, like divorce, child custody, and support.

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Contract Law

The branch of law that governs agreements between individuals or businesses and enforces the terms of those agreements.

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Tort Law

The branch of law that deals with wrongs that cause harm to individuals, like personal injury, defamation, or negligence.

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Property Law

The branch of law that deals with ownership rights, the transfer of property, and disputes over property, like real estate and intellectual property.

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Labour Law

The branch of law that regulates the relationship between employers, employees, and unions, including issues like collective bargaining and workplace safety.

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Magna Carta

The document credited with establishing the rule of law, which limited the powers of the monarchy and guaranteed certain rights to individuals.

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Supremacy of Law

The principle stating that everyone, including government officials, is subject to the law.

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Equality Before the Law

The principle that ensures all individuals are treated equally under the law, without discrimination.

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Study Notes

Unit One: Intro to and History of Law

  • Controversial Legal Issues: Examples include abortion, euthanasia, and gun control, often debated due to balancing individual freedoms with societal well-being.
  • High-Profile Cases: R v. Bertuzzi (hockey assault) and R v. McSorley (illegal hit in hockey) are notable examples.
  • Laws in Daily Life: Laws regulate various aspects like traffic, consumer protection, and criminal activities.

Unit One: Rules vs. Laws

  • Rule: A guideline or restriction in a specific context (e.g., sports).
  • Law: A formal rule by government or legal authority (e.g., law against theft).
  • Acceptable Risk (Sports): The inherent risk accepted by players in contact sports (like injury during play).

Unit One: Cases to Explain

  • R v Bertuzzi: A hockey player's assault case.
  • R v McSorley: An illegal hockey hit case.

Unit One: Concepts of Justice

  • Justice: Fairness and equality in legal proceedings.
  • Justice System: The legal structure ensuring fair laws and trials.

Unit One: Divisions of Law

  • Public Law Types: Constitutional, administrative, and criminal.
  • Criminal Law: Deals with crimes and punishments (e.g., theft, murder, assault).
  • Criminal Code: Outlines criminal offenses and punishments.
  • Criminal Code Role: Defines a crime and consequences.
  • Private Law (Civil Law): Deals with disputes between individuals.

Unit One: Important Concepts

  • Burden of Proof (Criminal Law): Prosecution must demonstrate guilt "beyond a reasonable doubt."
  • Burden of Proof (Civil Law): Plaintiff must prove their case "on the balance of probabilities."

Unit Two: Rights and Freedoms

  • Key Charter Sections: Section 7 (life, liberty, security), and Section 2 (fundamental freedoms) are crucial.
  • Key Cases: R v. Oakes (Charter limitations), R v. Jordan (timely trials), R v. Godbout (police searches).
  • Key Terms: Expectation of privacy, anti-Semitism, Islamophobia, extremism (related to hate speech and freedom of expression).

Unit Three: Criminal Law & Tort Law

  • Actus Reus: The physical act of committing a crime.
  • Mens Rea: The mental intention behind a crime.
  • Negligence: Failure to take reasonable care to avoid harm.
  • Homicide: Unlawful killing (various degrees, including 1st-degree murder, 2nd-degree murder, manslaughter).

Unit Three: Cases

  • Tim Bosma: Murder case in a carjacking.
  • R v Parks: Sleepwalking defense and automatism in a murder case.

Unit Three: Canadian Charter of Rights and Freedoms

  • Section 1: Reasonable restrictions on rights in a free and democratic society.

Unit Three: Key Sections of Canadian Charter of Rights and Freedoms

  • Section 2: Fundamental freedoms (think, belief, opinion, expression; peaceful assembly; association, conscience, and religion).
  • Section 7: Right to life, liberty, security of person (except within fundamental justice parameters).
  • Section 8: Protection against unreasonable searches and seizures.
  • Section 9: Protection against arbitrary detention or imprisonment.
  • Section 10: Rights upon arrest or detention (information, legal counsel, prompt hearing).
  • Section 11(d): Presumption of innocence in criminal cases.
  • Section 24(2): Exclusion of evidence obtained through Charter violations (if admission harms the justice system).

Unit Three: Key Cases about the Charter

  • R v. Oakes (1986): Defines the reasonable limits test for Charter rights.
  • R v. Jordan (2016): Establishes time limits for trials (18/30 months).
  • R v. Godbout (1997): Clarifies search and seizure procedures.
  • R v Keegstra (1990): Rules hate speech is not protected under free expression.

Unit Three: R v Oakes (1986)

  • Government's Justification: The government must prove a pressing and substantial reason for limiting rights.
  • Proportionality Test: The limits should be proportional, minimally infringing, and outweighing benefits over harm.

Unit Three: Restorative Justice

  • Focus: Repairing harm through inclusive processes involving victims, offenders, and community.
  • Principles: Accountability, healing, reparation, inclusion, community focus, respect and dignity.
  • Benefits: Reduced recidivism, emotional healing for victims, rebuilding trust, cost-effectiveness.
  • Detriments: Not suitable for all crimes, potential pressure on victims, inconsistent outcomes, risk of re-traumatization, lack of resources.

Unit Three: Justice System

  • Justice System Components: Law enforcement, courts, corrections, legal professionals.
  • Purpose: Uphold laws, ensure justice, protect individual rights, maintain social order.
  • Plaintiff: Person commencing a civil lawsuit.
  • Retribution: Punishment proportional to the crime.
  • Restitution: Compensation by the offender.
  • Precedent Case/Common Law: Legal principle from prior case that guides future rulings.
  • Habeas Corpus: Legal right for imprisoned individuals to be brought before a court to determine detention legality.
  • Justice, Morals, and Values: Guiding principles in law and society.
  • Crown Attorney: Government prosecutor in criminal cases.
  • Bill: Proposed law presented for legislative consideration.
  • Veto: Authority to reject a legislative bill.
  • Customary Law: Legal norms based on tradition and custom.
  • Statutes: Written laws passed by a legislature.

Unit Three: Case Summaries (R v specific case)

  • R v Bertuzzi (2004): Assault case that distinguished between acceptable and unacceptable contact in sports.
  • R v McSorley (2000): Assault case highlighting intentional violence exceeding acceptable sporting conduct.
  • Tim Bosma: Murder case with an online transaction aspect and detailed investigation.
  • R v Parks (1992): Sleepwalking defense in a murder case.
  • R v Minassian (2020): Mass killing case focusing on mental illness, incel ideology, and intent.
  • Zameer Case: Murder and domestic violence case that explored self-defense and battering syndrome.
  • R v Morris (2007): Impaired driving case emphasizing accountability for the consequences of actions.

Unit Three: Criminal Law Details

  • Key Elements of Crimes: Actus reus (physical act), mens rea (mental intent), automatism (involuntary action), wilful blindness (conscious ignorance), recklessness (conscious disregard for risk).
  • Types of Homicide: First-degree murder (premeditated), second-degree murder (intentional but not planned), manslaughter (unintentional). Further distinctions between assault levels (simple, causing bodily harm, aggravated)
  • Specific Criminal Law Contexts: Criminal harassment, stalking, intimate image violations, hate crimes, crime scene perimeter/center, chain of custody.
  • Evidence Types: Class characteristics (general features), individual characteristics (unique features), DNA evidence, genetic genealogy, Chain of Custody.
  • Significant Wrongful Convictions: Cases of David Milgaard, Guy Paul Morin, and Steven Truscott (highlighting systemic issues).

Unit Three: Public Law Types and Their Focus

  • Constitutional Law: Governance structure, individual rights, separation of powers (federal/provincial).
  • Criminal Law: Societal harm, violations of public order, and punishments.
  • Administrative Law: Government agencies, regulations, rights in interactions with agencies.
  • Burden of proof: Prosecution must prove guilt "beyond a reasonable doubt" in criminal cases. Civil cases utilize the "balance of probabilities" standard.
  • Differences between Rules and Laws: Rules apply within a specific context and have generally less severe consequences than laws.
  • Key Legal Concepts: acceptable risk in law, expectation of privacy, reverse onus, anti-Semitism, Islamophobia, extremism, discrimination, stereotyping.
  • Capital Punishment (Death Penalty): Debate about human rights, wrongful convictions, deterrence, and societal justice.
  • Abortion Laws: Conflict between women's reproductive rights and fetal personhood.
  • Gun Control: Debates regarding self-defense rights, gun violence prevention, and public safety.
  • Drug Legalization: Treatment of drug use as a criminal vs. public health issue.
  • Rights of Refugees/Immigrants: Balancing national interest with humanitarian concerns.
  • Privacy vs. National Security: Balancing surveillance with individuals’ rights and freedoms.

Additional Notes (general information)

  • R in a Case Citation: Represents "Regina" (Queen) or "Rex" (King), standing for the Crown/government in criminal cases.
  • Civil vs. Criminal Law Citations: Structures vary depending on the parties involved and the nature of the case. Criminal involves the Crown/government; Civil private parties.

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Test your knowledge of key distinctions in the legal system, such as the differences between rules and laws. This quiz covers essential topics including Criminal Law, the Canadian Charter of Rights and Freedoms, and important Supreme Court cases in Canada.

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