Judiciary + Courts

What types of offences must be heard in s.96 Superior Courts?

Indictable offences under s.469 of the Criminal Code (e.g., murder, treason, piracy).

What court hears most criminal cases in Canada?

s.92 Provincial Courts (e.g., Ontario – 99% of criminal docket).

What Charter section protects the right to bail?

Section 11(e) – 'not to be denied bail without just cause.'

What are the three grounds for pre-trial detention?

Primary (court attendance), Secondary (public safety), Tertiary (confidence in justice system).

What is the Ladder Principle?

Under s.515 Criminal Code, release should involve the least onerous conditions necessary.

What is a surety in bail?

A person who promises to supervise the accused.

What was the issue in R v. Zora (2020 SCC 14)?

Breach of bail for failing to answer the door—highlighted how minor actions can criminalize the accused.

What does 'reverse onus' mean in a bail context?

The accused must prove why they should be released (e.g., in IPV cases).

How does pre-trial detention affect outcomes?

Accused are more likely to be convicted, receive harsher sentences, and face non-criminal consequences (e.g., job loss).

What happens at arraignment?

The accused enters a plea of guilty or not guilty.

What case addressed demographic representation in juries?

R v. Kokopenance (2015) – Under-inclusion does not violate Charter if process is fair.

What are peremptory challenges and what happened to them?

Jury challenges without cause; abolished by Bill C-75 (2019), upheld in R v. Chouhan.

What are the four key roles of the judiciary in criminal law?

Federalism (scope of criminal law), Charter interpretation, Statutory interpretation, Development of common law defenses.

What does statutory interpretation often favor?

Reading legislation in favor of the accused.

What case upheld the federal ban on tobacco ads as valid criminal law?

RJR-MacDonald (1995).

What case allowed criminal law regulation of health care (safe injection site)?

Canada (AG) v. PHS Community Services Society (2011).

What test is used to justify rights limitations under the Charter?

The Oakes test (Section 1).

What section of the Charter prohibits cruel and unusual punishment?

Section 12.

What kind of sentences violate s.12?

Life without parole, Torture, Some mandatory minimums, Corporal punishment.

What kind of sentences do not usually violate s.12?

Fines, Detention, Some mandatory minimums, Fixed terms of imprisonment.

What was the significance of R v. Lavallee (1990)?

Recognized battered woman syndrome as part of self-defense.

What does s.24(2) of the Charter allow for?

Exclusion of evidence obtained through a Charter breach if it brings the administration of justice into disrepute.

What is a key criticism of the exclusionary rule?

It can result in guilty individuals being acquitted due to police error.

What rights did Grant argue were violated?

s.8 (search & seizure), s.9 (arbitrary detention), s.10(b) (right to counsel).

What did the SCC define as 'detention' in R v. Grant?

Significant physical or psychological restraint where a reasonable person feels they cannot leave.

What are the three parts of the Grant Test for excluding evidence (s.24(2))?

1. Seriousness of state misconduct

2. Impact on the accused’s rights

3. Society’s interest in truth-finding

What has been the impact of the Grant decision?

High exclusion rates at trial courts (~70%), lower exclusion rates on appeal, Ontario courts exclude evidence more frequently than other provinces.