Basics of Criminal Law
This is the main source of criminal law in Canada.
What is the Criminal Code?
This document must be issued for serious offences when police believe the accused won’t appear voluntarily.
What is an arrest warrant?
The number of jurors in a criminal trial for serious offences in Canada.
What is 12?
Often considered the best defence, showing you were somewhere else during the crime.
What is an alibi?
This is the official term for being released on bail.
What is interim judicial release?
This Latin term means “guilty act” and refers to the actual action taken by the accused.
What is actus reus?
The document a person receives for less serious offences, naming the charge and court date.
What is an appearance notice?
This person reads charges, swears in witnesses, and handles court paperwork.
Who is the court clerk?
This defence can reduce murder to manslaughter if the accused was harassed or given reason to be distraught.
What is provocation?
When the accused agrees to plead guilty to a lesser offence to avoid trial, this is called.
What is a plea bargain?
This term describes someone who helps a criminal after the crime is committed.
What is an accessory after the fact?
When an officer detains someone briefly without formal arrest, based on reasonable suspicion, it’s called this.
What is investigative detention?
The burden of proof in a criminal trial always falls on this side.
Who/what is the Crown?
This defence is used when someone is forced to commit a crime due to threats, but is not the same as self-defence.
What is duress?
This document limits all Canadian criminal laws and ensures protection of individual rights.
What is the Charter of Rights and Freedoms?
This Latin term refers to the mental intent behind the crime, and can also include wilful blindness and negligence in many cases.
What is mens rea?
This Charter section protects Canadians from unreasonable search and seizure.
What is Section 8?
This type of evidence, like fingerprints at the crime scene, suggests guilt but doesn’t directly prove it.
What is circumstantial evidence?
This defence applies when someone does not intend to do the criminal act, and is neither wilfully blind nor negligent.
What is no mens rea?
These offences let the Crown choose whether to proceed summarily or by indictment.
What are hybrid offences?
Criminal laws are considered offences against this.
What is society?
Minors must be informed of these two people they can contact upon arrest.
Who are a parent/guardian and a lawyer?
This type of evidence is never admissible in Canadian court according to a 1978 ruling.
What is a polygraph (lie detector test)?
This defence can only be used if the accused truly could not form criminal intent due to involuntary actions.
What is automatism?
A person who breaks into a home intending to commit theft is demonstrating this type of intent.
What is specific intent?