Criminal Law Foundations
This Latin term refers to the guilty act or physical element of a crime.
What is actus reus?
This federal legislation governs Canada's youth criminal justice system.
What is the Youth Criminal Justice Act (YCJA)?
This person represents the accused and challenges the prosecution's evidence in a criminal trial.
Who is the defence counsel
This sentencing objective aims to help an offender change their behaviour and reduce the likelihood of reoffending.
What is rehabilitation?
This part of Canada's Constitution protects fundamental legal rights, including protections relating to search, seizure, and detention.
What is the Canadian Charter of Rights and Freedoms
This Latin term refers to the guilty mind or mental element of a crime.
What is mens rea?
Under the YCJA, the minimum age of criminal responsibility in Canada is this age.
What is 12 years old?
This participant presents the case against the accused on behalf of the state.
Who is the prosecutor
This sentencing objective aims to discourage the offender or other people from committing similar crimes.
What is deterrence?
This defence may apply when a person commits an involuntary act while unconscious or unaware of their actions, subject to the applicable legal requirements.
What is automatism?
This type of offence can be prosecuted either as a summary conviction offence or as an indictable offence.
What is a hybrid offence?
Name one objective of the YCJA that emphasizes helping young offenders address the causes of their behaviour and return successfully to the community
What is rehabilitation or reintegration?
This pre-trial process determines whether an accused person can be released while awaiting trial and may impose conditions
What is a bail hearing
This sentencing option requires an offender to perform unpaid work for the benefit of the community.
What is community service?
This Supreme Court of Canada case established an important precedent concerning the presumption of innocence and the burden of proof under section 1 of the Charter.
What is R. v. Oakes (1986)?
This type of offence is generally more serious and can carry more severe penalties than a summary conviction offence.
What is an indictable offence?
Under the YCJA, what is the purpose of allowing extrajudicial measures, such as warnings, cautions, or referrals to community programs, for appropriate youth offences?
To hold young people accountable without using formal court proceedings when appropriate, while encouraging rehabilitation and reintegration and providing a proportionate response to the offence.
This legal principle requires the prosecution to prove the accused's guilt beyond a reasonable doubt.
What is the presumption of innocence
This sentencing approach focuses on repairing harm, encouraging accountability, and involving affected parties where appropriate.
What is restorative justice?
News outlets repeatedly describe a person as guilty before a trial begins. Identify one criminal justice principle that this coverage may conflict with.
What is the presumption of innocence?
A person intentionally takes another person's bicycle without permission, intending to keep it. Identify the Criminal Code offence and explain how actus reus and mens rea may apply.
What is theft? The actus reus involves taking the bicycle, and the mens rea involves the intention to take it dishonestly or deprive the owner of it.
The YCJA generally protects the identity of young people accused of or found guilty of an offence to support their privacy and rehabilitation. What is this protection called?
What is publication protection
After a conviction, a person argues that the trial judge made a serious error of law. What legal process may allow a higher court to review the decision?
What is an appeal?
A young offender has committed an offence, accepts responsibility, and would benefit from structured support in the community. Identify two possible youth sentencing options and explain how they could support accountability and rehabilitation.
Possible answers include probation, attendance at a program, compensatory community service, restitution, or a sentencing circle where appropriate
A police officer searches a person's belongings without lawful authority. Identify the relevant Charter protection
Section 8 of the Charter, which protects against unreasonable search or seizure. A court may need to consider whether the search violated the accused's rights and whether the evidence should be excluded under section 24(2), depending on the circumstances.