Canadian Steps
A hearing to decide if the accused should be released while awaiting trial.
What is a Bail Hearing?
The initial process by which the Prosecutor decides if a situation meets the threshold for investigation.
What is a Preliminary Examination?
The Charter section violated if police unnecessarily delay an arrestee's phone call to their lawyer
What is Section 10(b)?
The rule preventing an officer from repeating an absent witness's statement in court.
What is the Hearsay Rule?
The primary source of law the ICC uses to define crimes like genocide and war crimes.
What is the Rome Statute?
The stage where the accused formally selects whether they will be tried by a judge alone or a judge and jury.
What is Election of Mode of Trial?
The stage where the Pre-Trial Chamber determines if there is enough evidence to send a case to trial.
What is the Confirmation of Charges Hearing?
The main goal of having a Bail Hearing (Judicial Interim Release).
What is to ensure the accused attends trial and protect public safety?
The Charter section that governs the admissibility of evidence obtained in violation of Charter rights.
What is Section 24(2)?
The principle that requires a state to surrender an accused person to the ICC.
What is Surrender (or Extradition)?
The step in Superior Court matters that screens the Crown's evidence to ensure there is enough to proceed to trial.
What is a Preliminary Inquiry?
The location where ICC trials are held (city and country).
What is The Hague, Netherlands?
The principle stating that confessions must be free from threats or inducements to be admissible.
What is the Voluntariness Rule?
The burden of proof the Crown must meet in a Canadian criminal trial.
What is Beyond a Reasonable Doubt?
A key difference between the Canadian jury system and the ICC trial chamber judges.
What is the lack of a jury (ICC uses judges)?
The official document filed by the police or Crown that formally outlines the criminal charges.
What is the Laying of Information?
The parties, outside of the ICC Prosecutor, who can refer a situation to the court for investigation.
What are a State Party or the UN Security Council?
The legal reason for excluding evidence, even if it proves guilt, if its admission would "bring the administration of justice into disrepute."
What is the Exclusionary Rule (under s. 24(2) of the Charter)?
The legal concept violated when police search a private residence without specific permission or exigent circumstances.
What is the right against Unreasonable Search and Seizure (Section 8)?
The principle that the ICC will only step in if a national court system is unwilling or genuinely unable to investigate/prosecute a crime.
What is the Principle of Complementarity?
The three main criteria a justice must assess when determining release at a bail hearing.
What are: Primary (ensure attendance), Secondary (public safety), and Tertiary (maintain confidence in the administration of justice)?
The name of the specific judges/chamber responsible for confirming the charges before a case goes to trial.
What is the Pre-Trial Chamber?
Name the Charter section that guarantees the right to life, liberty, and security of the person
What is Section 7?
The legal term for the mental element, or guilty mind, required to prove most criminal offences.
What is Mens Rea?
Give an example of how the principle of Sovereignty might legally conflict with the ICC's goal of achieving justice.
For example: A non-State Party nation refusing to cooperate or asserting immunity of its head of state (e.g., Sudan's refusal to surrender Al-Bashir).