The Police
What is one of a police officers core services?
Crime prevention, law enforcement, assistance to victims of crime, maintenance of public order, emergency response, investigation of crime?
What is the dictionary definition of negligence?
Failure to take proper care
How long is the time limit to lay charges in summary cases?
6 months
What is the date of the enternce of the Canadian Charter of Rights and Freedoms into the Canadian Constitution?
April 17, 1982
What is the name of this definition; when the burden of proof is placed on the accused to justify why they should be granted bail.
Reverse Onus
What is a tort?
A wrongdoing caused by someone else that results in injury; physical or mental
What are the two basic elements required for a person to be guilty of a crime?
1. Actus Reus
2. Mens Rea
What is the definition of mobility rights?
The right to enter and leave Canada; right to move between provinces and territories
What are the three basic options on how the police have to arrest someone?
1. Issue an appearance notice
2. Arrest the suspect
3. Obtain an arrest
What are the three characteristics of negligence?
1. The action is not intentional
2. The action is also not planned
3. Some type of injury is created
What are the maximum penalties for summary, indictable, and hybrid offences?
Summary: $2000 fine and/or 6 months in prison
Indictable: Life in prison
Hybrid: 2-10 years in prison
What are the three fundamental freedoms?
1. Freedom of Conscience and Religion
2. Freedom of Thought, Belief, Opinion, and Expression
3. Freedom of Peaceful Assembly and Association
What is an appearance notice?
A legal document stating the criminal charge and court date.
What are the four defenses for trespass?
1. Consent
2. Self defense, defense of others, and/or property
3. Legal authority
4. Necessity
What are the four dimensions of a crime?
1. The act must be considered immoral by most Canadians
2. The act must cause harm to the individuals and society
3. Harm caused by the act must be serious in nature
4. The person must be punished by the criminal justice system
What are the four simple steps to analyzing a potential Charter case?
1. Does the Charter apply to the case?
2. Has a right or freedom in the Charter been infringed upon?
3. Does Section 1 (the reasonable limits clause) justify the infringement?
4. If not, is there a remedy provided by the Charter?
What section of the Charter of Rights and Freedoms states that everyone has the right "not to be arbitrarily detained or imprisoned"?
Section 9
What five things does a negligence case depend on?
1. Facts
2. Issue
3. Law and legal principals
4. Application & analysis
5. Conclusion
Outside of civil law, what are the five main types of courts in Canada?
1. Provincial Court
2. Provincial Superior Court
3. Provincial Court of Appeal
4. Federal Court
5. Supreme Court of Canada
What are the sections of the Charter that protect a person's legal right?
Section 7-14