criminal law and summary convictions
ULTIPLE CHOICES [25 MARKS] – 25 questions
1. Bail – what is the release and what conditions might apply, what individuals support release and why and the bail process – when must the bail process begin after arrest , how much time after arrest.
2. Categorization of criminal offences and the processes to trial – what are first hearings, CPTs, JPTs , elections on the hybrid offences and elections on level of court for indictable and crown elected indictable offences, and preliminary inquiry or hearing?
3. The Accused rights re right to silence , right to counsel , right not to incriminate himself or be forced to give a statement.
4. Elements of a criminal offence – what is mens rea (guity mind) and actus reus (physical act)? The physical act imports consciousness in the activity and the congruence of the mental element eg intent, recklessness, gross negligence etc. Additional elements like consequential elements or facts surrounding the event ie results of the acts, and of course causation between the acts and the consequences. Note the nature of General Intent which is more than the wilful commission or omission of an act.
5. Disclosure – what is required by the crown to comply with its duties. And what can the defence legitimately expect from crown.
6. Criminal court processes are criminal procedure not Alternative dispute resolution ie ADR even if mandated by the court.
7. Plea bargain – if the court does not agree with what the parties put forward, neither side is obligated to follow the court’s recommendation in the alternative to the joint position presented to court by the parties. Pleas can be struck and a NG entered.
8. The role of the parties like the crown in dealing with charges after the police arrest and lay information alleging the offences. What is a plea bargain ? crown offering to advocate a lower sentence to resolve the case and not go to trial.
9. Court’s Powers – decisions on bail and trials – the standard of proof in a criminal trial borne by the crown – beyond a reasonable doubt.
10. Disclosure package – does not require what is already in the public realm and not generated by the investigation eg court decisions etc
11. Pleas : The accused statement of not guilty or guilty in answer to the charges at an arraignment is called a “Plea”. Guilty Pleas have to be voluntary, informed and unequivocal – that means the accused cannot enter a guilty plea under threats or duress , he has to understand the consequences of the guilty plea eg giving up his right to trial , immigration consequences , and unequivocal means he cannot maintain innocence or raise a defence eg self defence or duress etc, in which case the plea is struck and a not guilty plea is entered and the matter moves to trial.
SHORT ANSWER QUESTIONS [15 MARKS] 8 questions
Be prepared to describe in short sentences (not essays) in your answers to questions like :
What is a valid guilty plea?
A valid guilty plea is one that is made voluntarily, informed, and unequivocal by an accused person who understands the consequences of their plea. The plea is legally valid only if the facts support the charge and the accused is aware they are admitting the essential elements of the offense and that the court is not bound by any agreement with the prosecutor.
What is the purpose of a bail hearing ?
The purpose of a bail hearing is to determine if an accused person should be released from custody while awaiting trial. A judge or justice of the peace decides whether to release the individual, often with conditions, by assessing the risk they pose to public safety and the likelihood of them failing to appear in court. This hearing is not about guilt or innocence, but about managing the accused's status during the pre-trial period.
What are the types of elections and who is responsible for which?
In Canada, there are three primary types of elections, held at the federal, provincial/territorial, and municipal levels
Federal elections are held to elect Members of Parliament (MPs) to the House of Commons. Issues covered: National issues that fall under federal jurisdiction, such as national defence, immigration, and foreign policy.
Responsible body: Elections Canada, an independent and non-partisan agency, is responsible for managing federal elections and referendums.
Relevant legislation: The electoral process is governed primarily by the Canada Elections Act.
Provincial and territorial elections are held to elect representatives to provincial or territorial legislative assemblies.
Issues covered: Issues that fall under provincial or territorial jurisdiction, including education, healthcare, the environment, and highways.
Responsible bodies: Each province and territory has its own independent electoral body. For example, Elections Ontario manages provincial elections in Ontario.
Relevant legislation: Elections are administered according to specific provincial or territorial laws.
Municipal elections are held to elect local government officials.
Who is elected: Voters elect a mayor and councillors (also known as aldermen).
Issues covered: Local matters such as city planning, infrastructure, community services, and public transit.
Responsible bodies: Elections are typically run by the municipality itself, with a municipal clerk often in charge.
Relevant legislation: Rules are established by provincial legislation, such as Ontario's Municipal Elections Act, 1996.