Law exam review

1. Influence of these societies on Canada and what are they known for

Code of Hammurabi
· First code of law, “an eye for an eye” view, favoured the wealthy
· Hammurabi was king of Babylon
· First-time laws were written down
· Code ensued there was a system to solve problems
Roman law
- Codification
- Romans studied these laws and were first to become lawyers
Greek
· Create a perfect society, trial by jury, against corrupt leaders
Common-Law
· Based on the judge's trial decisions, precedent and reported case law serves as a major part
of present law in Canada
Church
· Oldest law of 10 commandments
· Trial by fire

1. What are the duties of a judge?

Duties
· To control, the courtroom during a preliminary hearing and trial
· Judges can exclude the public/accused if necessary
· No, the judge cannot decide for the law

1. What are the branches of law?

Private- People vs people
Public- Government vs people or people vs government
Civil law- System of law about private relations between members of a community other than
military, criminal or religious affairs (Private law)
Constitutional- Charter violation
Substantive- Laws that outline how you should behave
Criminal- Laws prohibiting behaviour (assault)
Tort- Deals with wrongdoings against another (Seeing)
International- Laws that apply to various countries
Domestic- Laws of a country
 Procedural- Laws that outline how a law is enforced
Administrative- Laws that deal with government agencies (immigration)
Contract- Rules for entering a contract
Family- Laws about family (divorce, custody)
Wills/estate- Rules about inheritance
Property- Rules about the property (Fencing)
Employment- Labour laws (work hours)

1. Criminal code- A book with all laws passed by the government. Includes men's rea & actus
reus of the crime, and the consequences when found guilty
2. Democratic- very citizen of Canada has the right to vote in an election of members of the
house of commons or legislative assembly and to be qualified for the membership
Mobility- Every citizen of Canada had the right to enter, remain or leave Canada
Legal- Everyone has the right to be secure against unreasonable search/seizure, everyone has the
right to not be arbitrarily detained or imprisoned. Everyone has the right on arrest and the right to
be informed of resources and to retain counsel
Fundamental- Everyone has the right to freedom of conscience/religion, thought, belief, opinion,
expression and peaceful assembly and association
Reasonable Limit Clause - Canadians have all the rights in the Charter, however these rights can
be taken away with reason
Notwithstanding- Any government can pass a law, notwithstanding the charter (section 33)

6. What are the three levels of courts in Canada?

Supreme court-
Superior court-combination of provincial, federal, superior, family civil (trial)
Provincial Court of Appeal - the province controls it (ie. health care)
The provincial court of appeal- Province controls (health care)

7. Miranda rights- Right to remain silent (police must tell you this when arrested), This is known
as “cautioned” in Canada

8. In Canada, how many phone calls are you entitled to?

In Canada you can make as many calls it takes to reach you're a lawyer

9. What is a legal aid and who can apply?

· The Legal Aid Program promotes fair legal proceedings and helps to ensure access to justice
for economically disadvantaged persons accused of serious and/or complex criminal offences
and facing the likelihood of incarceration, and for youths charged under the Youth Criminal
Justice Act
 · To qualify for a Legal Aid Certificate, you must have a legal problem that LAO covers, and
your annual gross family income and family size
10.hat is a young offender?
A young offender is someone under the age of 18 who commits a crime

11. What is parole, probation?

Probation- Sentence that allows the offender provisional freedom, rather than imprisonment;
requires good behaviour and other conditions that the judge imposes for the first-time offenders
Parole- Early release from prison, however, restrictions are and conditions are placed on the
offender

12. When can an officer arrest someone without a warrant?

An officer can arrest someone without a warrant when
Search and seizure without a warrant (know 4)
1. If a person gives consent to search his/her or place (officer can seize any objects found in
the search). A person has the right to change their mind anytime
2. If a person is under arrest at any place within his reach at the time of the arrest
3. If the officer has a reasonable belief that there is something illegal on the person, place or
vehicle
4. Delay in getting a warrant would result in danger to human life
5. Delay would destroy evidence
6. Any person found in a place specified in a search warrant
7. To investigate a 9-1-1 call

13. Preliminary trial

· More informed
· Serious cases there may be a trial before the trial
· Used if there is enough evidence to proceed to a full trial

14. Net family property

· All property is added, then any outstanding payments are deducted. All leftovers the net
family property

15. Mental disorder

· Insane automatism: falls under the defence of mental disorder
· Does not know right and wrong
· Can't appreciate the nature of one's actions and their consequences
· No jail times
 · If successful they will not be criminally responsible
· They can be put into a mental institution (same time as they would in jail)
· Crown may apply for an extension if they believe one remains a danger to society
· They are let out once they are better
Intoxication
· Similar to the insanity defence
· Involves the use of drugs/alcohol
· A defence that can be used in both specific and general intent cases
Specific Intent - Cases where the intent is required
· Courts in 1994 used to say that it could be used for both
· Courts admit it is unlikely to succeed in general intent cases because of minimal intent that
needs to be proven by the crown
Double Jeopardy
· Offences that are the same event, not the same type of crimes
· Can't be convicted/punished for the same offence twice
Self-defence
· One must have assaulted without provocation
· Force used to stop the assault must not have interested to cause bodily harm
· Force must not be necessary
· If death occurs, the defender must have feared for death and must be reasonable
Automatism
· The mental disease did not cause automatism but was a temporary factor
· Action performed unconsciously or involuntary
· An act done by the muscles without any control by the mind
· Caused by a severe blow to the head, or severe psychological shock or sleepwalking
· Involuntary intoxicated
Mistake of law
· Ignorance of the law by a person who commits an offence and is not an excuse or committing
an offence
· Everyone is presumed to know the law
Problem with this
· The mistake of incorrect legal from government
· Advice must be reasonable and the issue must be complex
· Mistake of law
· You took something that's not yours
Duress
 · The rationale behind the Defense, that is to list the defendant. They have men's rea of the
crime
· When committing the crime, they are acting out of compulsion and are not exercising freedom
of choice
· defence of duress cannot be raised in murder
· the threat must be so great that the ordinary power of human resistance
Entrapment
· Defence to criminal charges when it is established that the police originated the idea of the
crime and the accused to engage it
· example guy gets out of jail and a cop forces him to steal
· if a person is not connected to government agencies then it is not entrapment
Necessity
· The defence asserted by a criminal or civil defendant that he or she had no choice but to
break the law
· for example, broke the law for a greater good that he or she had no choice but to break the
law, for example, broke the law for a greater good
Provocation
· Conduct that would cause a reasonable to lose control. In this case, the provocation is said to
be an assault
· To test if the accuser act in the heat of the moment this is when any reasonable person
could have been pushed to snapping point by a victim acting

16. How are decisions made in criminal and civil cases?

Beyond a reasonable doubt- Prove you are not guilty (convincing)
Example: If DNA is found at a crime scene you must be convincing enough to prove you were not
there)

Balance of probabilities- Suing someone which is no reasonable doubt but referred to as the
balance of probabilities (who they believe is the one)

Criminal case- Doubt/prove one is guilty

Civil case- Who they believe (sue)

17. Peremptory challenges- Right of accused or crown to object/reject a jury without a reason

18. Know the dispositions

Restitution- Act of making good, restoring something stolen to the rightful owner
An incarceration-disposition judge will use as a last resort, used when all other options have failed
 Used if 1. The offender is a threat to society 2. The offender will most likely continue to commit
3. The only way to ensure the offender will not commit future crimes
Discharge- To be released from custody
Suspended Sentence- Delayed sentence, if the offender meets conditions judge never decides on
the penalty
Absolute discharge- Sentence in which, the offender is found guilty, no conviction is recorded and
the offender is free to go but must follow expectations
Conditional discharge- A sentence in which, the offender is guilty, no conviction is made. The offender
is free to go but must follow expectations
Fine- Used to prevent criminals from profiting from crimes
Community service- Sentence option, in which the judge demands the offender to do specific work
Peace bond- A court order requiring a person to keep the peace and behave well for a specific
period

19. What is the adversarial system?

Adversarial system- A trial procedure in which two opposite sides (adversaries) present their
version of facts

20. Know the 4 goals/principles of sentencing

Under criminal code purpose of sentencing is to promote respect for law and to maintain a
peaceful society
Retribution- (payback) should never be the goal of a deserved penalty or punishment for a wrong
or crime

Deterrence- Criminal code states that sentencing should deter an offender from committing crimes
in the future
· This is called specific deterrence
· All other members should also discuss from committing such crimes this is general deterrence
· This sets an example with the individual not to commit crimes
Rehabilitation
· Involves restoring a person to good mental health, through treatment and training and
addressing the root causes of criminal activity
· Today inmates are provided with job counselling and training so they can reintegrate back into
society when released
Segregation (public safety)
· One purpose of sentencing is to separate offenders from society
· This is done through incarceration
 · This is justified if it's believed there is a threat to society or if the individual will commit
future crimes

21. Define
Fundamental Justice- is the fairness underlying the administration of justice and its operation.
Arraignment- The first stage in a criminal trial, in which the court clerk reads the charge to the
accused and a plea is entered
Statute- Laws or acts passed by a government body, such as parliament or provincial legislative
Bill- A proposed law (a draft form of an act at a time)
Unanimous decision-it means that everyone is in total agreement
Restitution- Act of making good, restoring
Rule of law- Fundamental principle that society is governed by the law that applies equally to all
persons and that can neither an individual nor the government is above the law
Promise to appear- tells you when to come to court and what you've been charged with. If you're
given a promise to appear, the police will not hold you in custody for a bail hearing.
Subpoena- A court document ordering a person to appear in court for a specific purpose
Precedent- A legal decision that serves as an example (treating similar cases alike)
Habeas corpus- A document that requires a person to be brought to court to determine if he or
she is being legally detained. “You must have the body”
Slander/libel- Defamation through spoken words, sounds or actions
Plaintiff- In civil law, a party suing
Defendant- In criminal law, the person charged with an offence
Counterclaim- A defendant's alum in response to a plaintiff's related claim
Preliminary hearing- A hearing held to determine if there is sufficient evidence to justify a trial
Beneficiary- a person named in a will to receive all or part of an estate, or.
Interstate- refers to dying without a legal will
Summary- These offences encompass the most minor offences in the criminal code
Hybrid offences- Many offences can be prosecuted wither by summary conviction or indictable,
crown chooses or elects the mode of the procession. Such offences are referred to as hybrid or
crown option or dual procedure
Indictable- Severe or particularly serious, as in an indictable offence

22. How does someone get declared a dangerous offender?

One who commits a serious personal injury offence may be declared a dangerous offender
They must
· Have a pattern of aggressive behaviour that is unlikely to change
· Indifferent consequences of his or her behaviour
· Committed a brutal offence
 · Has sexual impulses that can cause pain to others
23. What is the maximum amount that you can sue for in a small claims court?

In small claims court, you can sue for money or the return of personal property valued at $25,000

24. What is the difference between the human rights code and the Charter of Rights and
Freedoms?
The Canadian Charter of Rights and Freedoms applies only to government actions, such as laws and
policies, while human rights law applies to both private and public actions by any individual or
organization, business or government body,

25. What are the elements of Crime?

· Actus Reus: The guilty action, physical action, something to be considered a crime there must
have been a guilty (criminal action)
· Men’s Rea- Mental element, guilty mind, the crown must be proven either through
· Intent-You meant to commit the crime
· Recklessness- You did not intend to commit the crime however your actions were reckless to
the point that u was grossly negligent without concern of others
· Knowledge You didn't have direct intent but you had knowledge of certain facts that your
actions could result in a crime

26. What are the requirements for marriage?

Federal requirements:
1. Age- Boy must be 14 and girl must be 12
2. Relatives- Off Limits
3. Already married- Second marriage, Bigamy, remarry after a divorce
4. Declare spouse dead if missing over 3 years
5. Sexual activity- Can get annulled if one can't marry due to physical/mental illness
6. Voluntary consent- Marriage is voidable if the marriage was forced/under duress
Provincial requirement:
· Marriage license
· Marriage bans
· Age- 18 or older or 16 for parents’ consent
· Ceremony
· Gifts

27. What are the requirements for divorce and separation?

· You were legally married in Canada or any other country.
 · You intend to separate permanently from your spouse or have left your spouse already, and
you do not believe there is a possibility that you will get back together.
· You and/or your spouse have lived in Ontario for at least the 12 months preceding your
application.

28. What is the difference between common law and legal marriage? (in terms of rights)
Common Law: spouse has no similar rights to the matrimonial home; they may be able to make out
a trust claim against the home but they do not have a legal right to the possession of the home in the
same fashion as a married couple.

29. What special rights do youths have compared to an adult? (name 5)

-Receive max sentence of 10 years
-Right to the lawyer (paid for)
-Have a parent or another adult present during questioning
-Prevents abuse from police
-Youth may waive this right (in writing)
-Miranda rights or caution explained clearly
-If youth accepts responsibility, avoid courts and comply with police
Special protections:
-Teen’s name cannot be disclosed
-Teen’s punishment must be lighter than an adult’s
-Teen must be eligible for punishment other than being in custody
-The identity of the accused can be disclosed…
-14-17 y/o convicted of presumptive offences can be reported

Extra notes

· Study law to protect the rights, prevent government abuse of power and know what we can
and cannot do
Functions of law
· Establishes rules of conduct
· Government passes laws to ensure people behave properly and follow standards of society
· Rules of conduct are stated in criminal code
· Examples: Laws prohibiting murder/theft
· Protect society
 · Laws establish a prison system for those who break the rules
· Establishes police force
· Protects rights/freedom
· Charter limits the powers of the government while protecting the rights of individuals
· Fundamental freedom, democratic rights, legal rights
· Resolve disputes
· Laws establish a court system to help people resolve disputes so that society is not violent
and to protect the weak

Restitution- Act of making good, restoring something to the rightful owner

Retribution- Deserved penalty or punishment for a wrong crime
Justinian code- Collection of past laws, opinions from leading roman legal experts, new laws
enacted by Justinian (represent equality
Actus Reus: The guilty action, physical action, something to be considered a crime there must have
been a guilty (criminal action)
Men’s Rea- Mental element, guilty mind, the crown must be proven either through
Intent-You meant to commit the crime
Recklessness- You did not intend to commit the crime however your actions were reckless to the
point that u was grossly negligent without concern of others
Knowledge You didn't have direct intent but you had knowledge of certain facts that your actions
could result in a crime’
Strict liability offence- In strict liability offences the crown doesn't need to prove intent, allows
the defences of due intelligence (proper steps) and mistake of fact a valid defence
Due Diligence- is the investigation or exercise of care that a reasonable business or person
is expected to take before entering into any agreement or contract with another party, or an
act with a certain standard of care. It can be a legal obligation
Motive- A reason for doing something, especially one that is hidden or not obvious
Indictable Offence- Is more serious than a summary conviction offence, conviction of an
indictable offence exposes you to greater penalties, you get prosecuted by indictment you are
entitled to a trial by jury (5 years)
Abetting- Encourage or assist someone to do something wrong, in particular, commit a crime or
other offence
Knowledge- one of the degrees of men's rea that constitute part of a crime, knowing one's actions
Accessory of the fact- A person who knowingly aids someone who has committed a crime
 Criminal law- a system of law concerned with the punishment of those who commit crimes.
Attempt- Try to achieve or complete (something typically a difficult task or action)
Conspiracy- A secret plan by a group to do something unlawful or harmful
Summary conviction- These offences encompass the most minor offences in the criminal code
Hybrid offences- Many offences can be prosecuted wither by summary conviction or indictable,
crown chooses or elects the mode of a procession. Such offences are referred to as hybrid or
crown option or dual procedure
Recklessness- Lack of regard for the dangerous consequences of one's actions; rashness
Absolute liability- (you can't go to jail for this offence) Offences in which it's not opens to a
person to avoid liability on the ground that (she or he acted under a reasonable mistake of fact).
Aggravated assault- Wound, maims, disfigures or endangers the life of a person (Indictable
offences up to 14 years).
Arson- Disregard for human life or property
Theft- the action or crime of stealing.
Culpable homicide- Is a factor of manslaughter
Accused did not intent
Did not plan death
An individual should have known of their actions could have caused the death
Euthanasia- Euthanasia is generally defined as the act of killing an incurably ill person out of
concern and compassion for that person's suffering.
Robbery- Is theft involving violence, assault or threat of violence or use of a weapon.
Crown must prove that the victim has a reasonable belief of fear
Soliciting-the action or fact of accosting someone and offering one's or someone else's services as
a prostitute.
Misdemeanour- A minor wrongdoing
Mischief- Destroying or damaging property, make something dangerous, preventing someone from
using something that is theirs
Mischief over $5000- Up to 10 years
Mischief under $5000- the Summary offence of 2 years or less
Endangers life- Up to life
First-degree murder- Intentional killing of an individual
There must be intent (person intended to cause death) planning (Death was planned (thought about
killing before the event), not spare of the moment.
False Pretenses- behaviour intended to deceive others.
Procure- obtain (something), especially with care or effort.
 Abetting- Encourage or assist someone to do something wrong, in particular, commit a crime or
other offence
Counselling- Advice one
Infanticide- is the act of deliberately causing the death of a very young child (under 1 year old).
Abduction- Forcible removal of an unmarried person under the age of 16 from the care of the
parent or guardian. (Up to 5 years in jail)
Rule of precedent- Something that has been done that can severe late
Common law- Law derived from custom and judicial precedent, unwritten laws
Case law- Can retrieve these cases at law libraries by consulting reporters or through the internet
Crown attorney- Proceed summarily/ a less punishment
Maximum penalty- Summary fine of $2000 or 6 months
Presumption of innocence/Burden of proof- One is considered guilty until proven guilty Known as
the Latin term (burden of proof)
Magna Carta/Rule of Law
· Magna Carta- Document/charter that says we are all equal under the law
· Rule of law- Law that applies equally to all people and no one including the government's
above the law
Trial by combat- Judicial trial by battle, was a method back in the day where people fought in
combat
Trial by ordeal- Judicial practice in which the guilt or innocence of the accused is determined by
treatment such as proof of survival= innocent
Municipal laws- Bylaws

Rights
· Canada is a democratic country, meaning people can elect a government who represents people
in Canada law (Charter protects our law)
Canadian Charter
· Became a part of the constitution in 1992
· It is the highest form of law in Canada
· Amending formula= must have 50% of the population to agree

History of law
· Babylon, Greek, roman and church
Categories of law= In the notebook

Ultra vires- Out of your jurisdiction

Federal- Military, postal services, immigration, currency, Aviation

Provincial (municipal)- Traffic laws, health care, education, marriage ceremony, Alcohol
Case Citation: R. V. Burgos 2019
R= Regina (Queen) Rex (King) Government vs Burgos

Canadian Charter of Right and Freedom

Human Rights & Code

Became a part of the constitution in 1982

Each province has its own human rights code

The highest form of Canada

Ontario Human Rights Code protects people from other people, businesses or companies

Law above all laws (can be easily changed)

If there is evidence of a violation, the victim may be eligible for monetary compensation

Protects people in Canada from the government abuse of power and unjust laws
Canadian Charter
Right- Legal moral or social entitlement that a person can expect from a government

Freedom- Right to conduct one's affairs without government interference

Section 1: Reasonable limits clause

· Everyone has rights stated in the charter however these are not absolute
· Courts of Canada decide what's reasonable
· Limits are decided through the proportionality test
· The social issue, the desired goal, government action interfere, affects less
than the goal
Section 2: Fundamental freedoms
· Freedom of conscience/ religion
· Everyone is free to believe or not believe in whatever religion they wish
· Government can't pass laws that interfere with you practicing your religion
· Freedom of thought, belief, opinion and expression
· Everyone is entitled to think what they want to
· Free speech
· Everyone is entitled to communicate in whatever they want
· Freedom of association
· Everyone has the right to associate with whoever they want
· The government can prevent you from joining a group
· Limitation- Terrorists & criminal groups
· Freedom of vote
· Every citizen has the right to vote or run for office
· The government passed a law that prohibits anyone under the age of 18
Section 6: Mobility rights
· Every citizen has the right to enter, remain in and leave Canada
· Every citizen has the right to move and take up residence in any province
· Limitation: Province can prevent people from taking up residence as long as it is
not discriminatory

Section 7: Legal rights

· Right to life- Everyone is entitled to a certain standard of living
· The standard that has to be acceptable in society
· The government purposely cannot pass laws to make you suffer and/or live a
life some may find unacceptable
 · Example: Having dementia
· Right to liberty- Everyone is entitled to be free from government interference
as much as possible
· The government has to stay out of your private business/activity as long as it
doesn't affect society
· Example: Being drunk, being high or engaging in homosexual activity
· Right to security- Everyone is entitled to feel safe
· Example: The old abortion law violates this because before 1969 abortions
were illegal in Canada. Unless a committee of doctors certified the pregnancy
can be fatal or endanger the child or mother. This violates the right to
liberty because it affects the monster and baby.

Section 8: Protection against unreasonable seizure or search

· Right to privacy law
· Police cannot search or seize (take away) your possessions without unreasonable
clauses
· A feeling is not sufficient, violation of privacy does not have to be a physical
violation
· Search/seizure under a warrant
1. The judge has to agree that something can be found on the person, place or
thing
2. Application of a warrant must be written or sworn under oath
3. Officer must declare if a warrant for the same place/person has been applied
before
4. The informer doesn't have to be disclosed
5. (know) -A warrant can be carried out by day unless reasonable grounds for a
night (5 am-9 pm)
6. Warrant to search a home is called a Feeney warrant
7. Warrants can be given over the phone and later in person
8. Warrants may be limited to search areas mentioned
9. Search and seizure without a warrant (know 4)
10. If a person gives consent to search his/her or place (officer can seize any
objects found in the search). A person has the right to change their mind
anytime
11. If a person is under arrest at any place within his reach at the time of the
arrest
 12. If the officer has a reasonable belief that there is something illegal on the
person, place or vehicle
13. Delay in getting a warrant would result in danger to human life
14. Delay would destroy evidence
15. Any person found in a place specified in a search warrant
16. To investigate a 9-1-1 call

Section 9: Right not to be arbitrarily detained or imprisoned

· The police can't arrest you without a reason
· If detained
-Individual only have to provide the police with their name/address
-Whenever the police question someone they are to stop asking questions and read
them their rights as soon as they suspect them of a crime
- The police must award you the same rights as if you were arrested

Section 10: Right on arrest or detention

· To be informed promptly of the reason
· Police must tell you the reason for your arrest
· Must be done in a reasonable time
· To retain and instruct counsel without delay and to be informed of that right
· Hire/speak to a lawyer
· Everyone has the right to speak to a lawyer
· There is no right to see one or have a lawyer present during questioning
· You must see also be told that if you can't afford a lawyer or don't have one
to get legal advice then the police will provide you with one
· This is known as duty counsel
· These are independent lawyers paid by the government to help you with simple
legal matters
· The police must also tell you that you have the right to remain silent
· These are known as your Miranda rights in Canada
· To have a validity of the detention determined by way of habeas corpus and to
be released if the detention is unlawful
· Habeas Corpus is “Give us the body”
· The police and crown must inform you of your charges and evidence that they
have against the accused
· For a lawful arrest, the police must bring you to court to have your charges
reaps
 · This is done asap, usually the next business day
Section 11: Charged with an offence had the right

· To be tied within a reasonable time

· Right to a speedy time
· Unreasonable delay begins at the time the charge is laid
· Trials normally have to begin within 2 years
· As delays become longer they become more difficult to excuse
· Very lengthy delays are excessive and cannot be excused
· Complex cases may justify longer delays
· To be informed without unreasonable delay of the specific offence
· A person must be informed of any changes quickly
· This is because they have to deal with their career and family life in light of
charges
· Not to be compelled to be a witness in proceedings against that person in
respect of the offence
· This provides a right against self-incrimination (right to be silent)
· This right extends to situations where police employ under “unfair tricks” such
as sending an undercover police officer to pose as a sympathetic cellmate
-To be presumed innocent until proven guilty according to the law in a fair and
public hearing by an independent and impartial tribunal
· The onus is on the crown to prove you are guilty
· The accused does not have to present a defence
· It must be done in front of an independent court
· Makes reverse onus unconstitutional
· Not to be denied reasonable bail without just cause
· Bail: Release from prison while awaiting or during a trial
· A person cannot be denied bail unless
· For the protection or safety of the public
· The likelihood that the accused will commit a criminal offence
· The accused will interfere with the administration of justice
· There is a flight risk

· Except in case of an offence under military law tried before the military
tribunal has the benefit of trial by jury where max punishment is 5 years or
more severe punishment
 · Everyone faces the punishment of 5 years or more have the option of
· Trial by judge alone
· Trial by judge and jury
· *EXCEPTIONS*- Unless you are a part of the military

· Not found guilty on any account unless at the time of the act it was
constituted as an offence under Canadian or international law
- Can be found guilty of a crime unless it's illegal at the time
· If you have been charged with an offence and then that an action is no longer
illegal before you are convicted (all charges will be dropped)
· If one is free from an offence they are not to be tried for it again and if
found guilty and punished for offences not to be tried or punished again
-Charter states that you cannot be charged for the same offence twice
-You can't be convicted for the same offence twice
-You can't be punished for the same offence twice
*Same offence= same event not the same type of crime*
This is also known as a double jeopardy law

Section 12: Protects an individual's freedom from cruel/ unusual punishment

· Cruel/unusual punishment defined as excessive as to outrage standards of
decency or grossly Sid appropriate to what is appropriate
· Prison sentences cannot be grossly disproportionate
· Torture is cruel under this section
· Supreme court declined capital punishment(death)
Section 15
· Right to equality (Every individual is equal and has all rights to equal protection
and benefit without discrimination
· Affirmative Action Program- Does not preclude any law or activity that
amelioration of conditions of disadvantaged individuals or groups including
those without discrimination
· Laws trying to help underprivileged is excluded
Section 33: Notwithstanding clauses
· Any government can pass a law notwithstanding the charter if they invoke
section 33 of the charter
· Can only be done for laws that violate section 2 or section 7- 15
· Any government doing so must reapply the use of section 33 every 5 years
Bail
· To be granted bail you must have a surety
· A surety is someone who will bail you out
· They will sign a financial promise (court may collect if the accused does not show up in court
· In Canada, they require you to live with their surety
· The surety has to make sure you follow your bail conditions
Elements of crime
· For something to be considered a crime there must be Actus reus or Men’s rea
Summary
- Minor criminal offences
-Trialled without preliminary hearing

Indictable
· Serious criminal offences
· Which have corresponding severe, penalties and proceed out of a formal court

General Intent Crimes

· The prosecution must prove that the accused meant to act prohibited by law
· Whether accused intended the result of the act is irrelevant
· General intent crimes do not require proof that a person intended the harm or result that
occurred
· Rather, the state only needs to prove that the act was committed and was not an accident
· Examples: Assault, sexual assault, manslaughter
Specific Intent Crimes
· Refers to mental state, legally called men’s rea. An individual has when committing the crime
· Individual did a certain act with a specific intent= crimes typically require that the defendant
intentionally committed the act
· Mental state cannot be interfered from merely doing the act
· Example: 1st-degree murder, robbery, embezzlement
Recidivism
· The tendency of offenders to reoffend.
· Prison and justice system focus on rehabilitation
· People cannot act in the spur of the moment
· Many factors to why someone commit these crimes

Historical context
· Childhood= Incomplete adult
· High mortality rate= No bond
 · Parents relied on children
Criticism of JDA
· Treated the same under delinquent
· Took away people's right & liability
Changed landscape
· Charter of rights
· The government took a new approach
Young offenders
· (1948-2003)
· 7-12= Not adult, 18=adult
· Shorter sentence
· 4 principles
Juvenile Delinquency act
· Delinquent (child from 7-16 or 18) that he violated the criminal code or another federal
statute
· YCJA holds youth accountable

Summary offences
· Encompass the most minor offences in the criminal code
· Unless the penalty is specified summary can fine up to $5000
· Statute of limitation is 6 months to charge someone
Indictable offences
· More serious than a summary conviction offence
· Conviction of an indictable offence exposes you to greater penalties
· You are entitled to a trial by jury (5 years)
Hybrid offences
· Offences that can be prosecuted as summary or indictable conviction
· Crown chooses/elects the made of prosecution
· These are considered indictable until crown makes a difference
· Fingerprinting occurs before the crown elect’s mode of prosecution
· You will be fingerprinted for prosecution
· Theft over 5000 is indictable
· Theft under 5000 is summary
Criminal code
· Code is a book containing all laws by government
· Outlines Men’s rea and Actus reus
 · Also includes all consequences of crimes
Mischief
· Destroying or damaging property
· Endangers one's life
· Over $5000= Up to 10 years
· Under $5000= Summary (2 years less a day)
· 2 years less a day- Go to a provincial facility
· 2 years or more- Federal Pentane
Causing a disturbance
· Disturbing peace
· Fight under consent= Can be charged
Robbery
· Theft with violence, threat or assault with violence
· Crown must prove that the victim had a reasonable belief of fear
· Up to life in prison
· Crown must prove intent
· Up to 6 months or $5000 fine
· Dwelling house= Life
False fire alarm
· Indictable offence- Up to 2 years in jail or summary offence

Assault
Level 1 (hybrid)
· Indictable= up to 5 years
Level 2 (Assault with weapon)
· Indictable= Up to 10 years
· Causes bodily harm
Level 3 (aggravated assault)
· Wound, maims, defy figures
· Indictable= Up to 14 years

Sexual assault
· Does not need sexual intercourse
· No previous history of one's sexual activity is needed unless it is required as evidence
 · Age of legal consent= 16 Sex between peers under 16 is legal as long as they are older than
5 years
· 12 or older can have sex, under 12 is prohibited
· Illegal is another person is in a position of trust Ex: Teacher
· The mistake of age is the only defence
Abortion
· Currently, abortions are allowed
· Majority performed 12 weeks in, will not after 20-21 weeks
· A health issue for mother or child is only valid
Abduction
· The forcible removal of an unmarried person under the age of 16, from the care of a parent
or anyone who has lawful authority
· Up to 5-year s
· Up to 10-year if the person kidnapped is under 14
Kidnapping
· You mean/know that you are being kidnapped
· Holding someone against their will
· Arson: Disregard for human life

Murder:

First-degree murder
· Intentional killing of an individual
· Intent: Intended to cause death
· Planning: Death was planned
Punishment
· Life in prison
· Must serve 25 years before parole
· The judge may change this

Second-degree murder
· Intentional killing
· Intent: Person intended to cause death but didn't plan to murder
Punishment
· Life in prison
· Judge can choose
· 10 years served before parole

Manslaughter
 · Culpable homicide
· Accused did not intend
· Did not plan death
· An individual should have known that actions could have caused the death
Punishment
· Maximum life in prison

Courtroom organization
Defence- Represents the accused
Crown- Represents the government society
· Provincial has no juries
· Judges, control courtroom during the preliminary hearing, they can exclude public if
considered necessary to maintain order or protect the public moral, judges decide if
evidence can be presented, they decide the verdict in a non-jury trial, all must be a lawyer
first
· Justice of peace, Issues documents, preside over the court when charges are read, sometimes
conduct trials for offences against municipal by-laws and highway traffic
· You can be a lawyer
· Court prosecutor, a lawyer hired by the attorney general or procure, advises police on what
charges say, can withdraw charges quickly without police consent, the crown prosecutor can
be charged for their actions
· Defence counsel represents the accused, presents facts (evidence), they can't ask questions
that they will know to be answered falsely
· Court clerk- Reads evidence and charges
Goals/ principles of sentencing
· Sentencing is used to promote respect for law and protect society
Retribution- (payback) should never be the goal of a deserved penalty or punishment for a wrong
or crime

Deterrence- Criminal code states that sentencing should deter an offender from committing crimes
in the future
· This is called specific deterrence
· All other members should also discuss from committing such crimes this is general deterrence
· This sets an example with the individual not to commit crimes
Rehabilitation
· Involves restoring a person to good mental health, through treatment and training and
addressing the root causes of criminal activity
 · Today inmates are provided with job counselling and training so they can reintegrate back into
society when released
Segregation (public safety)
· One purpose of sentencing is to separate offenders from society
· This is done through incarceration
· This is justified if it's believed there is a threat to society or if an individual will commit
future crimes
Denunciation- Part of denoting unlawful conduct is condemning the crime from a social viewpoint,
the judge should consider offenders charter and criminal behaviour

Marriage Notes
Separation Agreement
· Those who decide to separate will enter a separation agreement
· The domestic contract sets out terms and conditions of the separation
· Deals with payments, custody, visitation rights and divisions of property (a parent cannot
keep a parent away from another)

Divorce
· Petitioner: Person seeking a divorce
· Respondent: Spouse being sued for divorce
Marriage breakdown
· Only grounds for divorce is marriage breakdown
· Established if spouses live apart for one year
· May live apart but still in the same house
· Exception: Adultery or abuse
· No-fault divorce: Does not matter who caused the divorce
Dividing the assets
· Net family property- Add all assets, subtract debt and payments whatever is left is net
family property
· If assets cannot be divided one must pay the other cash
· They can keep anything that was theirs at the time of marriage
· Inheritance/gifts received are not included

Matrimonial Home
· Considered a part of the family property regardless of how it was acquired
· Both are equal owners
· Home can’t be sold or leased without other knowing
Common law separator
 · Two people who live together in a marriage relationship
· They can be the same sex or opposite sex
· No legal formalities required
Advantages to marriage
· Finically, cheaper to live together, more likely to work harder, linked happiness, socially
friends and family are more likely to help, legally married parents have full legal rights,
medical consent
Stepchildren
· Strains relationship because of more money needs, relationship conflict from another partner,
Marriage contracts
· One partner is bringing asses and one wants them to be protected
· Children from a previous marriage
· Property
· Assets
Common law
· 7 factors to consider common law marriage
· Shelter, sexual, services, social, societal, economic support, children
Nuclear family: Spouses and their dependent children
Extended family- Several generations living together in one household
Lone-parent family- One parent with dependent children
Blended family- Divorced parents with children from a previous relationship
Same-sex family- Two individuals of the same sex who marry
Interracial family- Parents of different racial or ethnic backgrounds with children
Common-law relationship- Two unmarried people who live together, share a home
Annulment- States that a marriage never existed
Custody- Protective care of someone
Adultery- Voluntary sexual intercourse between a married person and one who is not married
Separation vs divorce - Legal separation is a court order that mandates the rights and duties of a
couple while they are still married, but still living apart, in divorce spouses are not married
Cannon law- Basis for catholic churches
2 primary influences

Jewish law
· Emphasizes on family
· States responsibility to keep family healthy

Sentencing in Canada
Discharge- After accused is found guilty by plea or conviction a discharge may be granted
 This can be used for crimes that do not have minimum sentences and carry a punishment of fewer
than 14 years

Fine- Used to prevent criminals from profiting from crimes, imposed if incarceration is too harsh,
can only be given instead of prison sentence for crimes less than 5 years, if offences carry a minimum
sentence over 5 years it can be given along with the fine but can't be unreasonable if fine is unpaid
sentence will be imprisonment

Restitution order- Requires the offender to pay an amount directly to the victims of the offence,
used to cover victims’ monetary losses caused by bodily or psychological harm, it is not used often

Compensation- Refers to money a victim may receive from a provincial or territorial victim
compensation program, money is placed in a special fund in the territory. The fund is called a victim
assistance fund. Used to provide services and assistance to victims of crime in general.

Common conditions- Keep the peace and good behaviour

General deterrence equals all other members of society should be discouraged from committing
similar crimes

Specific deterrence equals criminal code states the sentencing should deter offenders from
committing crimes in the future

Rehabilitation equals restoring a person to good mental/moral health, therefore, treatment and
training and addressing the root causes of criminal activity

Rehabilitation equals restoring a person to good mental/oral health, therefore, treatment and
training and addressing the root causes of criminal activity

Retribution- payback which should never be the goal of the sentence

restitution- the act of making good, restoring a sentencing object
absolute discharge- sentence in which the offender is found guilty, no conviction is recorded and
the offender is free to go

conditional discharge- a sentence in which the offender is guilty, no conviction is made. The
offender is free to go but must follow expectations
community service order- sentence option in which a judge demands offender to do specific work
conditional sentence it- penalty sentence For at least less than two years that is served in the
community only if a vendor meets expectations
the concurrent sentence is the penalty sentence for crimes in which penalties for two years or
more offences is served
6 years, 2 years theft= 6 years
 A suspended sentence is a delayed or held off the sentence, the offender meets certain
conditions, the judge never does decide on a penalty like conditional discharge but it’s recording

Consecutive sentence- penalty sentence or for two or more offences served after one another
5 years assault, 2 years theft= 8 years

probation is a sentence that allows the offender supervised freedom rather than imprisonment,
requires good behaviour in other conditions the judge imposes, comment for the first-time offenders

Peace bond- a court order requiring a person to keep peace and behave well for a specific period
suspended sentence equals the latest sentence if the fender meets conditions. The judge never decides
on the penalty

Intermediate sentence- a penalty ordering improvement for a non-fix. The period used for
dangerous offenders
Crown wardship is a court order permanently granting legal custody and guardianship of a child
protection agent
joint custody is the care and control of a child ordered by the court to both parents, joint
physical custody or joint legal custody is called a joint parent
mobility right is the freedom to move, enter and remain in
Interim Custody- in family law, the care and control of a child ordered by the court to
temporarily to one parent supervision order is an “order requiring that a professional oversee bracket
supervise a child meeting protection, but the child stays at home
specified access is the right of an artist will be a parent to certain prearranged visit with the
child, and to inquire about the child’s health whopper and education
society wardship is a court order temporarily granting legal custody and guardianship of a child to
a child protection agency
Custody is the care and control of the child ordered by the court, has in divorce proceeding
supervised access is the rate of a noncustodial parent to visit a child at a specific time under the
supervision of someone access is the right of a noncustodial parent to visit with the child and inquire
about the child health Robert and education

Starting a trial process

Laying of information
· The accusation against a person sworn before a judge of the peace
Statute of limitations
· Summary conviction information must be paid within 6 months.
· There is no limitation period if the offence is indictable
Information
 · A person who lays information
· Usually done by a police officer, but can also be done by public
1. Arrest- Will be released for minor crimes
2. Police station- Will be held if found threat to society
3. Bail hearing- First appearance in court, establishes if you will be released while awaiting
trial
4. Arraignment- You will appear in court to have charges read, enter a plea of guilty or not
guilty
5. Preliminary trial- Serious cases may be a trial before trial, more informal, used if there is
enough evidence to proceed to a full trial
6. Trail- Begins within 2 years

Parole- statutory release=mandatory release, parole eligibility is set out by the court, the purpose
is to help people reintegrate into society