Introduction to Law and the Criminal Code - Chapter 1

This set of vocabulary flashcards covers the foundational concepts of the Canadian legal system, categories of law, constitutional authorities, and court structures as described in the Chapter 1 lecture notes.

Law

A set of rules which regulates the conduct of society and is enforced by the government.

Common Law

A system of law that is unwritten, originating from the custom and tradition of society and found in the decisions of judges.

Case Law (Jurisprudence)

The body of law based on past case-specific decisions of judges which create precedents for future trials.

Precedent

A judicial decision that has a persuasive or binding effect on future trials in similar cases to ensure consistency.

Trial by Jury

A common law principle stating that a free person has the right to be judged by his/her peers.

Presumption of Innocence

A principle where all accused persons are considered innocent until the contrary is proved.

Reasonable Doubt

The standard of proof in criminal matters; a case must be proved to this level or the accused must be found not guilty.

Burden of Proof

The requirement that the prosecution must prove the guilt of the accused; summarized as "He who accuses must prove."

Accused’s Right of Silence

A safeguard against self-incrimination where the accused cannot be forced to give evidence at his trial.

Public Law

A branch of law regulating the relationship between citizens and their government, including criminal, constitutional, and regulatory law.

Private Law

Law regulating the relationship between individuals or groups, covering disputes in property, contract, and tort law.

Balance of Probabilities

The standard of proof required for civil actions in private law.

British North America Act (BNA Act)

Enacted by the British Parliament, it became Canadian law on July $1$, $1867$, and forms the basis of Canada’s constitution.

Canadian Charter of Rights and Freedoms

Added to the constitution in $1982$, it protects individual and collective rights and binds all levels of government.

Parliamentary Supremacy

The principle that Parliament, acting within its jurisdiction and constitutional limits, may enact or repeal any law it chooses.

Section $91(27)$ of the Constitution

Grants the federal government exclusive authority over criminal law and procedure.

Section $92(14)$ of the Constitution

Grants provincial governments exclusive jurisdiction over the administration of justice and the creation of provincial courts.

Statute Law

Written law enacted by governments through legislation at federal, provincial, and municipal levels.

Stare Decisis

A legal principle meaning "to stand by decided matters," where decisions of higher appellate courts are binding on lower courts.

Federal Cabinet

Composed of the Prime Minister and Cabinet Ministers who answer to the House of Commons.

Federal Parliament

The legislative body composed of the House of Commons and the Senate.

Annotated Criminal Code

A publication like Martin’s Annual Criminal Code that includes the Code wording along with cross-references, synopses, and relevant case law.

Interpretation Act

An independent Federal statute used to interpret Federal legislation when specific definitions are not provided within the primary act.

Style of Cause

The name of a case in a legal citation, such as "R. v. Fearon."

Neutral Legal Citation

An identification for a written decision issued by a court, comprising the year, court level, and decision number (e.g., $2014$ SCC $77$).

Supreme Court of Canada (SCC)

The highest level of court in Canada, consisting of nine justices, whose decisions are binding on all other Canadian courts.

Indictable Offences

The most serious category of criminal offences, liable to severe punishment and having no statute of limitations.

Summary Conviction Offences

Less serious offences typically liable to a fine not exceeding $5,000.00$ and/or imprisonment up to two years less a day.

Limitation Period

The timeframe of $12$ months within which a charge must be laid for summary conviction offences.

Dual Procedure Offences

Also known as "hybrid" offences, where the Crown can choose to proceed by way of indictment or summary conviction.