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What is the primary purpose of the 'halfway house' approach in regulatory offences?
What is the primary purpose of the 'halfway house' approach in regulatory offences?
In absolute liability offences, the Crown must prove the existence of mens rea.
In absolute liability offences, the Crown must prove the existence of mens rea.
False
List the three categories of criminal offences recognized in Canadian law.
List the three categories of criminal offences recognized in Canadian law.
Full mens rea offences, strict liability offences, absolute liability offences.
The 'halfway house' approach shifts the burden of proof to the accused after the Crown proves the __________.
The 'halfway house' approach shifts the burden of proof to the accused after the Crown proves the __________.
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Match the following categories of offences with their descriptions:
Match the following categories of offences with their descriptions:
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Which of the following factors does NOT need to be examined to designate a regulatory offence as strict or absolute liability?
Which of the following factors does NOT need to be examined to designate a regulatory offence as strict or absolute liability?
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The Supreme Court of Canada ruled in the Sault Ste Marie case that the 'halfway house' approach should be applied to all regulatory offences.
The Supreme Court of Canada ruled in the Sault Ste Marie case that the 'halfway house' approach should be applied to all regulatory offences.
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In the Wholesale Travel Group Inc. case, what did the Court rule about the onus on the accused proving 'due diligence'?
In the Wholesale Travel Group Inc. case, what did the Court rule about the onus on the accused proving 'due diligence'?
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What is the minimum period a dangerous offender must serve before being eligible for parole?
What is the minimum period a dangerous offender must serve before being eligible for parole?
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Persons convicted of first-degree murder in Canada are eligible for parole after serving 10 years.
Persons convicted of first-degree murder in Canada are eligible for parole after serving 10 years.
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What percentage of any fine imposed on an offender is designated as a victim surcharge?
What percentage of any fine imposed on an offender is designated as a victim surcharge?
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An offender convicted of second-degree murder must serve between __________ and __________ years before being eligible for parole.
An offender convicted of second-degree murder must serve between __________ and __________ years before being eligible for parole.
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Match the type of murder with its respective parole eligibility period:
Match the type of murder with its respective parole eligibility period:
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What happens if an offender is unable to pay the victim surcharge?
What happens if an offender is unable to pay the victim surcharge?
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Restitution is a form of punishment for offenders requiring them to pay the victim for losses incurred due to the crime.
Restitution is a form of punishment for offenders requiring them to pay the victim for losses incurred due to the crime.
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What is the primary purpose of collecting a victim surcharge?
What is the primary purpose of collecting a victim surcharge?
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What must the Crown prove to convict someone under section 23(1) of the Criminal Code?
What must the Crown prove to convict someone under section 23(1) of the Criminal Code?
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An accused person can be convicted of manslaughter while the principal offender is convicted of murder.
An accused person can be convicted of manslaughter while the principal offender is convicted of murder.
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What does section 22 of the Criminal Code specify about counseling another person?
What does section 22 of the Criminal Code specify about counseling another person?
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An accused can escape liability under section 21(2) by asserting that the part who committed the offence went beyond the scope of the __________.
An accused can escape liability under section 21(2) by asserting that the part who committed the offence went beyond the scope of the __________.
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Match the following definitions to their respective terms:
Match the following definitions to their respective terms:
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What does it mean to 'counsel' someone in the context of the Criminal Code?
What does it mean to 'counsel' someone in the context of the Criminal Code?
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Actual intention is the only mens rea that can be applied to the offence of counseling.
Actual intention is the only mens rea that can be applied to the offence of counseling.
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What is required to absolve an accused of criminal responsibility under section 21(2)?
What is required to absolve an accused of criminal responsibility under section 21(2)?
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What must the prosecution prove in a strict liability offense regarding careless driving?
What must the prosecution prove in a strict liability offense regarding careless driving?
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A person charged with an absolute liability offense can prove they acted with due diligence to avoid punishment.
A person charged with an absolute liability offense can prove they acted with due diligence to avoid punishment.
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What is the main difference between strict liability and absolute liability offences?
What is the main difference between strict liability and absolute liability offences?
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The judicial process in criminal cases presumes a person is __________ until proven guilty.
The judicial process in criminal cases presumes a person is __________ until proven guilty.
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Which of the following best describes absolute liability offences?
Which of the following best describes absolute liability offences?
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Jail time is typically a possible punishment for conviction of strict liability offences.
Jail time is typically a possible punishment for conviction of strict liability offences.
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Once a strict liability offense is established, the onus shifts to the __________ person to prove due diligence.
Once a strict liability offense is established, the onus shifts to the __________ person to prove due diligence.
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Match the following legal terms with their definitions:
Match the following legal terms with their definitions:
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What must be shown for an accused person to claim the defence of provocation?
What must be shown for an accused person to claim the defence of provocation?
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A victim's actions that were legally permissible can be considered provocation.
A victim's actions that were legally permissible can be considered provocation.
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What happens if the accused person initiates the altercation with the victim in a provocation case?
What happens if the accused person initiates the altercation with the victim in a provocation case?
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The Beard Rules govern the defence of __________.
The Beard Rules govern the defence of __________.
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Under the Beard Rules, when must an accused be acquitted based on intoxication?
Under the Beard Rules, when must an accused be acquitted based on intoxication?
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Intoxication can serve as a defence for crimes of basic intent.
Intoxication can serve as a defence for crimes of basic intent.
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What does NCRMD stand for in the context of legal defence?
What does NCRMD stand for in the context of legal defence?
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Match the conditions of intoxication to their outcomes:
Match the conditions of intoxication to their outcomes:
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What must the threat of duress involve according to the common-law defense?
What must the threat of duress involve according to the common-law defense?
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The Ruzic case established that duress can be claimed even if the threat is not immediate.
The Ruzic case established that duress can be claimed even if the threat is not immediate.
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What test is used to determine whether an accused had a safe avenue of escape?
What test is used to determine whether an accused had a safe avenue of escape?
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The Supreme Court ruled that section 17 only applies to those accused persons who are charged with having __________ committed the offence.
The Supreme Court ruled that section 17 only applies to those accused persons who are charged with having __________ committed the offence.
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Match the case with its ruling regarding duress:
Match the case with its ruling regarding duress:
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What is a key requirement for claiming duress?
What is a key requirement for claiming duress?
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An individual who is a member of a conspiracy may invoke the defense of duress.
An individual who is a member of a conspiracy may invoke the defense of duress.
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What is the primary limitation on the defense of duress according to section 17?
What is the primary limitation on the defense of duress according to section 17?
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Study Notes
Regulatory Offences in Canada
- Regulatory offences are governed by federal, provincial, or territorial legislation, differing from "true crimes" in the Criminal Code.
- They deal with the enforcement of regulatory schemes overseeing legitimate activities like trade, commerce, advertising, and driving.
- Regulatory offences often result in financial penalties for failing to meet a standard of reasonable care rather than implying moral culpability.
Historical Context of Regulatory Offences
- Courts formerly applied absolute liability, requiring only proof of the actus reus, without considering culpability.
- Nowadays, courts allow defendants to plead due diligence, moving toward a "halfway house" approach that requires proving lack of negligence.
- This change aims to distinguish between moral culpability (true crimes) and negligence concerning regulatory offences.
Categories of Criminal Offences
- Mens Rea Offences: The Crown must prove full intent for these offences.
- Strict Liability Offences: The Crown doesn't need to prove intent though the accused can still raise a defence of due diligence.
- Absolute Liability Offences: The Crown need not prove intent and the accused cannot use due diligence as a defence.
Factors for Regulatory Liability Assessment
- The overall structure of the legislation.
- Nature/subject of the regulatory offence.
- Penalty severity.
- Precise wording of the legislation
Courts' Decisions
- In Wholesale Travel Group Inc. (1989), the court ruled that requiring due diligence did not invalidate the law.
- Similar rulings avoid classifying regulatory offences as absolute liability cases, usually to preserve the constitutionality of the law in question.
- The Court clarified that the imposition of absolute liability with the possibility of imprisonment would invalidate the law under the Charter, but it leaves open the question of whether this applies in general to default fines.
The Judicial Process
- The process starts with the police filing a complaint or investigating.
- The suspect is either released or detained (with specific rules related to minors), given either an appearance notice or documents concerning the next appearance.
- The court will decide on bail conditions if the suspect is arrested.
The Role of the Prosecuting Attorney
- The prosecutor is part of the process and evaluates the police investigation reports.
- They decide if charges are warranted and what the investigation should focus on..
- They consider the evidence and public interest in determining what course of action to take (file charges, or not).
Plea Bargains and Settlements
- Plea bargains (or negotiated settlements) enable flexibility in cases where the accused assesses the evidence and may choose a settlement with the prosecutor or by negotiation.
- The settlement is always presented to and approved by a judge
Preliminary Inquiry and Trial
- A preliminary inquiry may be ordered for complex crimes (like murder) to determine if sufficient evidence exists to proceed to trial.
- Trials are open to the public, and two parties are involved; the prosecution and defence.
- The prosecution must convince a judge that the accused is guilty "beyond a reasonable doubt."
- The accused may plead guilty to all, or some of the charges, or may be acquitted.
Sentencing
- Sentences are decided by a judge and depend on factors like the seriousness of the crime, criminal record, proportionality, and rehabilitation.
- A judge may impose a fine/combination of fines, or jail/conditional sentencing, or an absolute discharge with or without conditions.
Appeals
- Any party can appeal the judgment.
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Description
This quiz explores the nuances of regulatory offences in Canada, highlighting their differences from true crimes. It covers the historical context, legal definitions, and categories of such offences, along with their implications in terms of liability and penalties. Test your understanding of these important legal concepts.
