AHSS*1160 - crim quiz #1.pdf

provinces/territories with no municipal police services: 1. Newfoundland and Labrador 2. Nunavut 3. Northwest Territories 4. Yukon Federal government (RCMP) enforces laws created by Parliament RCMP organized under authority of the RCMP Act RCMP part of portfolio held by Ministry of Publ...

provinces/territories with no municipal police services: 1. Newfoundland and Labrador 2. Nunavut 3. Northwest Territories 4. Yukon Federal government (RCMP) enforces laws created by Parliament RCMP organized under authority of the RCMP Act RCMP part of portfolio held by Ministry of Public Services and Emergency Preparedness Lower courts - Called provincial courts - In Ontario called OCJ - Quebec → Court of Quebec Superior courts - Called Supreme Court or Court of Queen’s Bench - Ontario → Superior Court of Justice - Quebec → Superior Court Nunavut is unique → consists of a single level trial court Government Corrections Responsibilities: Provincial and territorial governments → individual serving under 2 years, non-custodial sentences (ex. probation) Federal government (Correctional Service of Canada) → adult sentenced to 2+ years 2 definitions of crime: 1. Violation of criminal law: Act violates existing legal code of the jurisdiction in which it occurs 2. Determination of guilt in a criminal court Duly appointed representative of the criminal court (ex. judge, jury) establishes quilt of offender, “black letter” approach Some criminal laws in canada are mala in se… immoral and inherently wrong by nature (ex. murder) Mala prohibita laws… describe behaviour that is prohibited by law (ex. Assisted suicide) Assisted suicide: 2016 Medical Assistance Dying Law passed Ethnographic research → asks ppl if they were ever involved in any criminal activity Section on assisted suicide in criminal code violates rights under s. 7, 12, and 15(1) of the Charter, they said it was present but violation was necessary in order to protect society’s weak, vulnerable, and disabled in the Rodriguez case Primary function of criminal justice → social control Adversarial system: (framework of our canadian justice system) Prosecutor, Judge, etc.. Substantive Justice → truthfulness of allegations… accuracy or correctness of the outcome of a case and appropriateness of judgment, order, or award Procedural justice → decisions made by courts and government Anti-Terrorism Act → federal government can ignore certain aspect of procedural justice when national security is at-risk Rule of law → all members of society must follow and obey the law, no exceptions Elements… Scope of law - no privileged exemptions to the law Charter of the law - law should be public, clear for most to understand, clear in requirements institution of the law - no certain rules that institutions of the law must produce in order for the law to be fair and just Components… access to justice, legitimacy of criminal institutions, Contextual discrimination → organizational policies within criminal justice agencies Sexual assaults: Level 1 - hybrid offence Level 2 - use of weapon, threats to use weapon, bodily harm Level 3 - severe harm, endangering life Excuse defences: Age, mental disorder, mistake of fact, mistake of law Automatism - unconscious or involuntary behaviour (dissociative amnesia) Justification defences: Duress, necessity, self-defence, provocation, entrapment Sources of criminal law: Constitution, statute law, case law, administrative procedures Right to… silence, disclosure of evidence, make full answer and defence