Judiciary + Courts
Jurisdiction of Courts
Q: What types of offences must be heard in s.96 Superior Courts?
A: Indictable offences under s.469 of the Criminal Code (e.g., murder, treason, piracy).
Q: What court hears most criminal cases in Canada?
A: s.92 Provincial Courts (e.g., Ontario – 99% of criminal docket).
🔓 Bail & Pre-Trial Detention
Q: What Charter section protects the right to bail?
A: Section 11(e) – “not to be denied bail without just cause.”
Q: What are the three grounds for pre-trial detention?
A: Primary (court attendance), Secondary (public safety), Tertiary (confidence in justice system).
Q: What is the Ladder Principle?
A: Under s.515 Criminal Code, release should involve the least onerous conditions necessary.
⚖ Bail in Practice
Q: What is a surety in bail?
A: A person who promises to supervise the accused.
Q: What was the issue in R v. Zora (2020 SCC 14)?
A: Breach of bail for failing to answer the door—highlighted how minor actions can criminalize the accused.
🧑⚖ Bail Procedure & Outcomes
Q: What does “reverse onus” mean in a bail context?
A: The accused must prove why they should be released (e.g., in IPV cases).
Q: How does pre-trial detention affect outcomes?
A: Accused are more likely to be convicted, receive harsher sentences, and face non-criminal consequences (e.g., job loss).
⚖ Trial Procedure & Juries
Q: What happens at arraignment?
A: The accused enters a plea of guilty or not guilty.
Q: What case addressed demographic representation in juries?
A: R v. Kokopenance (2015) – Under-inclusion does not violate Charter if process is fair.
Q: What are peremptory challenges and what happened to them?
A: Jury challenges without cause; abolished by Bill C-75 (2019), upheld in R v. Chouhan.
🧑⚖ Judicial Role in Criminal Law
Q: What are the four key roles of the judiciary in criminal law?
A:
Federalism (scope of criminal law)
Charter interpretation
Statutory interpretation
Development of common law defenses
Q: What does statutory interpretation often favor?
A: Reading legislation in favor of the accused.
🏛 Federalism & Judicial Power
Q: What case upheld the federal ban on tobacco ads as valid criminal law?
A: RJR-MacDonald (1995)
Q: What case allowed criminal law regulation of health care (safe injection site)?
A: Canada (AG) v. PHS Community Services Society (2011)
📜 Charter & Criminal Law
Q: What test is used to justify rights limitations under the Charter?
A: The Oakes test (Section 1).
Q: What section of the Charter prohibits cruel and unusual punishment?
A: Section 12
🧑⚖ Section 12 – Cruel and Unusual Punishment
Q: What kind of sentences violate s.12?
A:
Life without parole
Torture
Some mandatory minimums
Corporal punishment
Q: What kind of sentences do not usually violate s.12?
A:
Fines
Detention
Some mandatory minimums
Fixed terms of imprisonment
🛡 Common Law Defenses
Q: What was the significance of R v. Lavallee (1990)?
A: Recognized battered woman syndrome as part of self-defense.
🚨 Exclusion of Evidence (s.24(2))
Q: What does s.24(2) of the Charter allow for?
A: Exclusion of evidence obtained through a Charter breach if it brings the administration of justice into disrepute.
Q: What is a key criticism of the exclusionary rule?
A: It can result in guilty individuals being acquitted due to police error.
🔍 R v. Grant (2009 SCC)
Q: What rights did Grant argue were violated?
A:
s.8 (search & seizure)
s.9 (arbitrary detention)
s.10(b) (right to counsel)
Q: What did the SCC define as "detention" in R v. Grant?
A: Significant physical or psychological restraint where a reasonable person feels they cannot leave.
✅ Grant Test for Excluding Evidence (s.24(2))
Q: What are the three parts of the Grant Test?
A:
Seriousness of state misconduct
Impact on the accused’s rights
Society’s interest in truth-finding
📊 Post-Grant Impact
Q: What has been the impact of the Grant decision?
A:
High exclusion rates at trial courts (~70%)
Lower exclusion rates on appeal
Ontario courts exclude evidence more frequently than other provinces