Introduction to Legal Law

A court process to screen out frivolous prosecutions and give the accused a chance to examine the Crown's case.

A trial where the judge decides both the facts and the law.

More serious offenses that can be tried before a judge alone or a judge and jury.

Minor, often nuisance, offenses with relatively light punishments.

Offenses where the prosecution chooses how to proceed, either as an indictable or summary conviction offense.

In a Charter case, the person making the claim against the government, often challenging a law's constitutionality.

Individuals or groups allowed to participate in a Charter case, even though they're not directly involved in the original dispute.

The burden of proof lies on the government to demonstrate that a law is justified, even if it restricts a Charter right.

A legal principle requiring a person to show they are directly affected by a law before challenging it in court.

The primary test used to determine if a government law violates the Charter. A law must be demonstrably justified, even if it limits a Charter right.

The Charter's provision that allows individuals to seek legal remedies when their rights are infringed upon. Allows someone to go to court to challenge an unfair law.

A legal remedy that removes the force of a law, making it invalidated or unenforceable.

The principle that the Charter is the supreme law of Canada, meaning any law that conflicts with it is invalid.

Police can detain someone for a short time if they have a reasonable suspicion that the person is connected to a crime. This suspicion must be based on specific facts and circumstances, not just a hunch.

A reasonable suspicion that a person is connected to a crime, based on facts and circumstances.

The detention must be short and only as necessary to investigate. It cannot become a full arrest.

The standard for reasonable suspicion is not high, based on how courts have interpreted it.

There's a risk that police officers might use their own biases to justify a suspicion, especially if they have racist views.

A defense argument that an accused person was unaware of the illegality of their actions. This is generally not accepted as a valid defense, as it encourages ignorance in areas where knowledge is socially desirable.

Intoxication alone is not a valid defense for committing a crime. It cannot be used as an excuse to say "I was drunk, therefore I should be excused."

Intoxication may be relevant as a defense if it can be proven that it affected the accused's ability to form the necessary mental state (mens rea) for the crime. This could include an inability to foresee consequences or understand the circumstances of the crime.

A defense strategy that argues intoxication affected the accused's ability to form the specific intent required for certain crimes. This defense is not typically applicable for general intent crimes.

Crimes requiring a more complex thought process, such as planning and premeditation. For example, murder, robbery, or theft require a specific intent.

Crimes that only require a general awareness of wrongdoing. They don't require a specific intent or premeditation. For example, assault or sexual assault.

The act of committing a crime. This is the physical or tangible part of a crime.

The mental state or intent required for a crime. This is the mental element of a crime.

The right to have a lawyer present during questioning and legal proceedings.

The police must inform a detainee of their right to legal representation, the availability of free legal aid, and how to access duty counsel.

The police must ensure detainees can contact a lawyer without unnecessary delay, including providing phone access and private consultation.

The police must advise the detainee that they have the right to retain and instruct counsel 'without delay,' allowing for brief operational delays.

The police must provide information about financial assistance for legal representation to those who qualify.

The police must provide access to duty counsel, often through a specific phone number.

Police must facilitate a reasonable opportunity for the detainee to contact their chosen lawyer, including phone use and private consultations.

The police must refrain from questioning a detainee once they have expressed a desire to talk to a lawyer or until a lawyer is present.

A treaty whose provisions have been implemented into Canadian law.

A treaty whose provisions have not been implemented into Canadian law.

Courts can use treaties, even untransformed ones, to interpret domestic law, seeking an interpretation that aligns with the treaty's spirit. This helps ensure compatibility between domestic and international obligations.

In Canadian law, international law does not automatically become part of domestic law. It needs to be converted into legislation through a process called "transformation."

International law directly integrates into a country's legal system. Treaties are automatically binding upon ratification without needing additional domestic legislation.

The "best interests of the child" principle from the Convention on the Rights of the Child, while not directly incorporated into Canadian law, can influence judicial decisions.

International law, even if not formally incorporated, can still influence judicial decisions by showing the values and principles relevant to the case.

International law can be used to interpret domestic law even if it hasn't directly become part of Canadian law. This emphasizes the importance of aligning Canadian policy with international norms and obligations.