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Questions and Answers
Which of the following acts is an example of federal legislation that falls under the category of criminal law?
Which of the following acts is an example of federal legislation that falls under the category of criminal law?
Which of the following is NOT a source of Canadian criminal law?
Which of the following is NOT a source of Canadian criminal law?
What is the primary basis for the provinces and territories having their own legislative jurisdiction in certain areas, including the ability to develop quasi-criminal offences?
What is the primary basis for the provinces and territories having their own legislative jurisdiction in certain areas, including the ability to develop quasi-criminal offences?
Which of the following statements regarding the role of judges in Canadian criminal law is accurate?
Which of the following statements regarding the role of judges in Canadian criminal law is accurate?
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Which of the following is a key distinction between criminal law and the quasi-criminal offences developed by provinces and territories?
Which of the following is a key distinction between criminal law and the quasi-criminal offences developed by provinces and territories?
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How did the Henry Morgantaler case relate to the Canadian Charter of Rights and Freedoms?
How did the Henry Morgantaler case relate to the Canadian Charter of Rights and Freedoms?
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What was the primary legal challenge Terrence Parker faced in his case related to medical cannabis?
What was the primary legal challenge Terrence Parker faced in his case related to medical cannabis?
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Which of the following is an example of common law in Canadian criminal law?
Which of the following is an example of common law in Canadian criminal law?
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What is the main reason why the Supreme Court denied Mr. Blackwood's appeal for polygamy?
What is the main reason why the Supreme Court denied Mr. Blackwood's appeal for polygamy?
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Which of the following is NOT considered a component of actus reus?
Which of the following is NOT considered a component of actus reus?
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In the case of the Sex-Trade Work (2013), what did the Supreme Court rule about the existing prostitution laws?
In the case of the Sex-Trade Work (2013), what did the Supreme Court rule about the existing prostitution laws?
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What is the defense of 'automatism' related to?
What is the defense of 'automatism' related to?
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Which of the following situations would NOT be considered a surrounding material circumstance in actus reus?
Which of the following situations would NOT be considered a surrounding material circumstance in actus reus?
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What was the main legal argument used by Mr. Blackwood in his polygamy case?
What was the main legal argument used by Mr. Blackwood in his polygamy case?
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Which of the following is NOT a key element that the prosecution must prove beyond a reasonable doubt in a criminal trial?
Which of the following is NOT a key element that the prosecution must prove beyond a reasonable doubt in a criminal trial?
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The Supreme Court's decision in the Medical Assistance in Death (2016) case was largely based on which Charter section?
The Supreme Court's decision in the Medical Assistance in Death (2016) case was largely based on which Charter section?
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What is the key principle behind objective mens rea?
What is the key principle behind objective mens rea?
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Which of the following defenses would be most likely to succeed in a case involving a minor drug offense?
Which of the following defenses would be most likely to succeed in a case involving a minor drug offense?
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What is the main difference between voluntary and involuntary intoxication as a defense?
What is the main difference between voluntary and involuntary intoxication as a defense?
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Which of the following is NOT a valid defense to a criminal charge?
Which of the following is NOT a valid defense to a criminal charge?
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What is the primary focus of the NCR-MD defense?
What is the primary focus of the NCR-MD defense?
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Under the NCR-MD defense, what are the potential outcomes for an accused person?
Under the NCR-MD defense, what are the potential outcomes for an accused person?
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Which scenario BEST describes the situation where the defense of duress might be applied?
Which scenario BEST describes the situation where the defense of duress might be applied?
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What is meant by the term 'psychosis' in the context of the NCR-MD defense?
What is meant by the term 'psychosis' in the context of the NCR-MD defense?
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In the Kenneth Parks case, what defense did Parks use to defend against murder charges?
In the Kenneth Parks case, what defense did Parks use to defend against murder charges?
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What is a key requirement for the actus reus of failing to provide the necessaries of life?
What is a key requirement for the actus reus of failing to provide the necessaries of life?
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According to the provided text, what type of mens rea is required for serious crimes?
According to the provided text, what type of mens rea is required for serious crimes?
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What is the legal term used for the act of being in control of a vehicle while impaired, even if you are not actively driving?
What is the legal term used for the act of being in control of a vehicle while impaired, even if you are not actively driving?
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Which of the following scenarios would NOT be an example of a legal duty to act?
Which of the following scenarios would NOT be an example of a legal duty to act?
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What is the maximum sentence for dangerous operation of a motor vehicle causing bodily harm?
What is the maximum sentence for dangerous operation of a motor vehicle causing bodily harm?
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What are the two main components of actus reus?
What are the two main components of actus reus?
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Flashcards
Cannabis Ruling
Cannabis Ruling
Supreme Court ruled in favor of cannabis use due to its necessity for the plaintiff's health.
Polygamy Law
Polygamy Law
Supreme Court denied appeal claiming polygamy violates democratic principles and subordinates women.
Sex-Trade Work Ruling
Sex-Trade Work Ruling
Supreme Court invalidated prostitution laws that endangered sex workers based on Section 7 of the Charter.
Medical Assistance in Death
Medical Assistance in Death
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Actus Reus
Actus Reus
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Mens Rea
Mens Rea
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Components of Actus Reus
Components of Actus Reus
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Voluntariness in Actus Reus
Voluntariness in Actus Reus
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Automatism
Automatism
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Burden of Proof
Burden of Proof
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Omission
Omission
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Duty to Rescue
Duty to Rescue
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Consequences of Acts
Consequences of Acts
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Subjective Mens Rea
Subjective Mens Rea
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Perjury
Perjury
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Federal Legislation
Federal Legislation
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Criminal Code
Criminal Code
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Quasi-Criminal Offences
Quasi-Criminal Offences
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Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
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Judicial Interpretation
Judicial Interpretation
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Common-Law Defences
Common-Law Defences
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Environmental Protection Act
Environmental Protection Act
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Therapeutic Abortion Committee
Therapeutic Abortion Committee
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Mistake of Fact
Mistake of Fact
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Duress
Duress
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Intoxication
Intoxication
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Not Criminally Responsible (NCR)
Not Criminally Responsible (NCR)
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Psychosis
Psychosis
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Criminal Defenses
Criminal Defenses
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Government Responsibility
Government Responsibility
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Study Notes
Sources of Canadian Criminal Law
- Criminal law is derived from federal legislation and judicial decisions.
- Federal jurisdiction applies to crimes deemed threats to public safety.
- Examples include violations of the Canadian Environmental Protection Act (CEPA) and Hydro-Quebec regulations.
- Federal statutes are key sources, including:
- The Criminal Code
- The Controlled Substances and Drug Act
- The Youth Criminal Justice Act
- The Customs and Excise Act
- Provincial/territorial jurisdictions have exclusive legislative authority for some areas.
- Provinces/territories create laws for regulatory and quasi-criminal offences.
- These are offenses often resulting in fines.
- Examples include the Dog Owners Liability Act (2005) in Ontario and the banning of pit bull breeds.
Federal Regulatory Legislation
- Federal regulations cover various areas.
- Food & Drugs Act
- Competition Act
- Fisheries Act
- Tobacco Act
- Species at Risk Act
- Safe Food for Canadians Act
Judicial Decisions
- Judges interpret legislation and develop common law.
- Judges create justifiable defences.
- Judges can no longer develop new common law crimes.
Canadian Charter of Rights and Freedoms
- Implemented in 1982 via the Constitution Act.
- This protects individuals from government overreach.
- Judges can invalidate legislation violating Charter rights.
- This involves an individual's Charter rights.
Henry Morgantaler Case
- The 1969 decriminalization of abortion needed committee approval.
- Women needing abortions provided documentation that requirements were met.
- Demonstrating clinical abortions without committee approval.
Terrence Parker - Medical Cannabis (2002)
- Parker had epilepsy.
- He used cannabis to treat seizures legally.
- He took his case to the Supreme Court and won.
Polygamy Law (2011)
- Mr. Blackwood, a Fundamentalist Mormon, was charged with polygamy.
- His argument centered on religious freedom.
- The courts upheld the polygamy law as applicable in a free and democratic society.
Sex-Trade Work (2013)
- Cases highlighted the increased risk faced by sex trade workers.
- This relates to laws concerning sex trade work.
Prostitution Laws - Supreme Court (2002)
- Laws on prostitution were deemed invalid based on Section 7 of the Charter.
- Sections include keeping a bawdy house, living off the avails, soliciting on the street.
- Parliament was tasked with enacting new laws within a year of the court's decision
Medical Assistance in Death (2016)
- Case involved challenges to sections 7, 12, and 15 of the Charter.
- The legality of physician-assisted death was established based on the right to life, liberty, and security.
- Sue Rodriguez illustrated the situation well in this case.
Actus Reus & Mens Rea
- To convict, proving intent and the act are needed.
Actus Reus–Voluntariness
- The accused's actions must be voluntary.
- Automatism may be a valid defence.
Kenneth Parks (1987)
- Sleepwalking accused argued automatism.
- Murder charges were reduced.
Act of Omission & Failure to Provide Necessaries
- Omission-based criminal charges require a pre-existing duty.
- Examples include parent/child or other legal relations.
David & Collet Stephen (2016)
- Found guilty of neglecting their child.
- The neglect of child's life was their violation.
- They used natural means for treatment before the child died.
Actus Reus–Consequences
- Careless driving, as well as some other regulated behaviour, applies in similar cases.
Perjury
- The accused's truthfulness under oath is in question.
Mens Rea
- The mental element, relevant for serious crimes, proves the accused's intention.
- Crimes require subjective or objective intent
- Subjective = proving accused intended to commit crime
- Objective = demonstrating reasonable person would have taken action to prevent harm
Defence to a Criminal Charge
- Defences can mitigate criminal charges.
- Examples include mistakes of fact and duress
Mistake of Fact
- Honest mistakes can be valid defenses.
- Ignorance of the law is generally not considered a mistake of fact.
- Government takes responsibility for informing the public of new laws
Duress
- Committing crime under force by others is a defence.
Intoxication
- Voluntary intoxication is rarely a valid defence.
- Involuntary intoxication (e.g. forced intoxication) may be a valid defence.
Not Criminally Responsible on Account of Mental Disorder (NCR-MD)
- Individuals can be deemed not criminally responsible for an offence
- Mental disorder is shown to have effected their ability to appreciate their actions.
- Possible results for someone found NCR include absolute or conditional discharge, or psychiatric facility custody.
Psychosis
- A symptom of mental disorder involving loss of contact with reality.
- Affects a small portion of the population.
- Disorders like schizophrenia and bipolar disorder are examples.
Delusions
- Persecutory and grandiose beliefs are among the types of delusions.
Hallucinations
- Any of the senses can be affected, with auditory hallucinations the most common.
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Description
Explore the fundamental aspects of Canadian criminal law, including its federal and provincial sources. This quiz covers key statutes such as the Criminal Code and various regulations that impact public safety. Test your knowledge on how these laws shape the legal landscape in Canada.