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Questions and Answers
What is the age range of youth governed by the Youth Criminal Justice Act (YCJA) in Canada?
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)
Which of the following are key players in the Canadian criminal justice system? (Select all that apply)
The Criminal Code of Canada was enacted in 1992.
The Criminal Code of Canada was enacted in 1992.
False
What does "actus reus" refer to in criminal law?
What does "actus reus" refer to in criminal law?
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What are the two main forms of shared real estate ownership?
What are the two main forms of shared real estate ownership?
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Which of the following is NOT a ground for divorce in Canada?
Which of the following is NOT a ground for divorce in Canada?
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A sole proprietorship offers limited liability protection.
A sole proprietorship offers limited liability protection.
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What type of legal document governs price-fixing, fraud, and false advertising?
What type of legal document governs price-fixing, fraud, and false advertising?
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Which of the following is an example of a mitigating circumstance in a criminal case?
Which of the following is an example of a mitigating circumstance in a criminal case?
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Trademark law protects inventions.
Trademark law protects inventions.
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What are the two main types of criminal offences in Canada?
What are the two main types of criminal offences in Canada?
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What is the standard of proof required in a criminal case?
What is the standard of proof required in a criminal case?
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Gladue Courts are designed for offenders with mental health issues.
Gladue Courts are designed for offenders with mental health issues.
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What is the key difference between slander and libel?
What is the key difference between slander and libel?
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Trespass occurs when someone enters a property without permission.
Trespass occurs when someone enters a property without permission.
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Identify the five elements of a valid contract.
Identify the five elements of a valid contract.
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A breach of contract occurs when a party fails to fulfill their contractual obligations.
A breach of contract occurs when a party fails to fulfill their contractual obligations.
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What are the responsibilities associated with common law marriage?
What are the responsibilities associated with common law marriage?
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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.
