Youth Justice and Criminal Law in Canada
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Questions and Answers

What is the age range of youth governed by the Youth Criminal Justice Act (YCJA) in Canada?

12-17

Which of the following are key players in the Canadian criminal justice system? (Select all that apply)

  • Victim/Witnesses (correct)
  • Defence Counsel (correct)
  • Judge/Jury (correct)
  • Police
  • Crown Prosecutor (correct)

    • The Criminal Code of Canada was enacted in 1992.

    False (B)

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

    <p>The physical act of committing a crime.</p> Signup and view all the answers

    What are the two main forms of shared real estate ownership?

    <p>Joint tenancy and tenancy in common.</p> Signup and view all the answers

    Which of the following is NOT a ground for divorce in Canada?

    <p>Lack of communication (C)</p> Signup and view all the answers

    A sole proprietorship offers limited liability protection.

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

    What type of legal document governs price-fixing, fraud, and false advertising?

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

    Which of the following is an example of a mitigating circumstance in a criminal case?

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

    Trademark law protects inventions.

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

    What are the two main types of criminal offences in Canada?

    <p>Summary and indictable offences.</p> Signup and view all the answers

    What is the standard of proof required in a criminal case?

    <p>Beyond a reasonable doubt.</p> Signup and view all the answers

    Gladue Courts are designed for offenders with mental health issues.

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

    What is the key difference between slander and libel?

    <p>Libel is written, while slander is spoken. (C)</p> Signup and view all the answers

    Trespass occurs when someone enters a property without permission.

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

    Identify the five elements of a valid contract.

    <p>Offer, acceptance, consideration, capacity, mutual agreement.</p> Signup and view all the answers

    A breach of contract occurs when a party fails to fulfill their contractual obligations.

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

    What are the responsibilities associated with common law marriage?

    <p>Support, property sharing, spousal rights (inheritance/tax).</p> Signup and view all the answers

    Flashcards

    Youth Criminal Justice Act (YCJA)

    Canadian law governing the treatment of youth aged 12-17. It emphasizes rehabilitation, reintegration, and special provisions.

    Rehabilitation and Reintegration

    YCJA goal: Preventing youth from reoffending through programs and support systems that help them reintegrate into society.

    Diversion (Youth Justice)

    Preferring extrajudicial measures (like community service) over court trials for youth.

    Criminal Code of Canada

    National law in Canada defining criminal offences and procedures.

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    Crown Prosecutor

    Represents the government in criminal trials by bringing charges.

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    Actus Reus

    The physical act of committing a crime (the guilty deed).

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    Mens Rea

    The mental state or intent behind a crime.

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    Concurrence (Crime)

    Actus reus and mens rea must both exist at the same time for a crime to happen

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    Causation (Crime)

    The act must directly cause the harm or damage for a crime to occur.

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    Arrest (Criminal Procedure)

    Police custody taken of an accused person.

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    Bail Hearing

    Court appearance to determine if accused can be released.

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    Trial (Criminal Procedure)

    Court process of presenting evidence and deciding on guilt.

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    Sentencing

    Imposition of punishment after a guilty verdict.

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    Accused/Defendant

    Person facing criminal charges.

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    Judicial Review

    Court examination of administrative decisions for legality and fairness.

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    Administrative Tribunals

    Bodies outside the regular courts specializing in specific areas like human rights or immigration

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    Fee Simple

    Complete ownership of property.

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    Joint Tenancy

    Shared ownership of property with survivorship rights.

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    Negligence (Tort)

    Failure to act or behave responsibly, resulting in harm to another person.

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    Elements of a Contract

    Offer, acceptance, consideration, capacity, and mutual agreement are needed for a valid contract

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    Breach of Contract

    Failure to fulfill obligations of a contract.

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    Summary Offence

    Less serious criminal offence (e.g., petty theft.)

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    Indictable Offence

    Serious criminal offence (e.g., murder).

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    Hybrid Offence

    Criminal offence that can be tried as a summary or indicate offence

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    NCR (Not Criminally Responsible)

    Legal status for individuals found not guilty due to mental health issues.

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    Study Notes

    Youth Justice

    • The Youth Criminal Justice Act (YCJA) governs youth aged 12-17 in Canada
    • Focuses on rehabilitation and reintegration to prevent re-offending
    • Includes special provisions, such as unique sentencing rules, and privacy rights
    • Diversions are preferred over court trials for extrajudicial measures

    Criminal Code of Canada & Court Process

    • The Criminal Code of Canada was enacted in 1892 and applies nationally
    • Key players include the Crown Prosecutor (representing the government)
    • Defense Counsel (representing the accused)
    • A Judge or Jury, responsible for the verdict and sentence
    • Key stages: Arrest, bail hearing, trial, and sentencing

    Criminal Law Parties

    • The accused/defendant is the individual charged with a crime
    • The Crown Prosecutor brings the charges on behalf of the government
    • The judge/jury makes decisions regarding guilt and sentencing
    • Victims/witnesses provide testimony or evidence

    Sources of Criminal Law

    • Criminal law is rooted in legislation, case precedents/ judicial rulings, and the Constitution (Charter of Rights and Freedoms)

    Elements of a Criminal Offence

    • Actus Reus: The physical act of the crime
    • Mens Rea: The mental state or intent
    • Concurrence: Actus Reus and Mens Rea must overlap in time
    • Causation: the act must cause the crime

    Consumer Protection Legislation

    • Competition Act: Governs price-fixing, fraud, and false advertising
    • PIPEDA: Regulates personal data handling
    • Provincial Acts (e.g., Ontario Consumer Protection Act) vary

    Challenging Tribunal Decisions

    • Appeals can be made to higher courts
    • Judicial Review: Courts assess legality and fairness of tribunal decisions

    Administrative Tribunals

    • Examples exist at both provincial and federal levels
    • Examples including the Ontario Human Rights tribunal, Landlord & Tenant Boards, Immigration and Refugee Board, and the Canadian Human Rights Tribunal

    Real Estate Transactions

    • Common real estate transactions include Sale, Lease, and Mortgage
    • Ownership forms: Fee Simple (full ownership)
    • Joint Tenancy (shared ownership with survivorship rights)
    • Tenancy in Common (shared ownership without survivorship rights)

    Marriage & Divorce

    • Legal marriage entails consent, capacity, age, and absence of close relation
    • Grounds for divorce include separation for a year, adultery, or cruelty

    Business Structures

    • Sole Proprietorship: Full control but unlimited liability
    • Partnership: Shared responsibilities but joint liability
    • Corporation: Limited liability and perpetual existence, but complex setup and double taxation

    Torts

    • Negligence: Failure to act reasonably
    • Assault/Battery: Threats or physical harm

    Contracts

    • Contract elements include offer, acceptance, consideration, capacity, and mutual agreement
    • Breach of contract is the failure to meet contractual obligations

    Criminal Offences

    • Offences can be categorized as summary (minor), indictable (serious), or hybrid (can be either)

    NCR and Gladue Courts

    • NCR stands for "Not Criminally Responsible" (mental health issues)
    • Gladue Courts specialize in Indigenous offenders, focusing on restorative justice

    Intellectual Property

    • Copyright protects original works (e.g., music, writing)
    • Trademark protects brand names and logos
    • Patent protects inventions

    Mitigating vs. Aggravating Circumstances

    • Mitigating circumstances reduce the severity of an offence (e.g., first offence)
    • Aggravating circumstances increase the severity (e.g., premeditation)

    Standard of Proof

    • Criminal Law: Beyond a reasonable doubt
    • Civil Law: Balance of probabilities.

    Common Law Marriage

    • Responsibilities of common law marriage include support, property sharing, and spousal rights (inheritance/tax)

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    Description

    Explore the fundamentals of Youth Justice in Canada, focusing on the Youth Criminal Justice Act (YCJA) and its emphasis on rehabilitation. The quiz also covers the Criminal Code of Canada, key participants in the legal process, and the sources of criminal law. Test your knowledge on these crucial aspects of the Canadian legal system.

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