Canadian Constitution and Charter
What year was the Constitution Act, which includes the Charter of Rights and Freedoms, enacted?
1982
What is the name of Canada’s primary federal criminal statute?
The Criminal Code of Canada
When you’re arrested, police must tell you two key things right away. One is the reason for your arrest. What is the other?
Your right to speak to a lawyer
What is the highest court in Canada?
The Supreme Court of Canada
What does “plaintiff” mean?
The person who brings a civil lawsuit
Which Prime Minister is most associated with patriating the Constitution?
Pierre Elliott Trudeau
What is the mental element of a criminal offense called?
Mens Rea
What must police generally obtain before searching your home, unless there are urgent circumstances?
Search Warrant
Who presents the case against an accused person in criminal court?
Crown Prosecutor
What is a “tort”?
A civil wrong that causes harm and may lead to compensation
Section 1 of the Charter allows rights to be limited if justified. What is this clause called?
The Reasonable Limits Clause
Murder in the heat of passion caused by sudden provocation reduces the charge to what?
Manslaughter
If police stop you without a good legal reason, what right protects you from being held against your will?
The right not to be detained arbitrarily.
What do we call a court decision that must be followed in future similar cases?
Precedent
What does “burden of proof” mean?
The obligation to prove one’s case
What section of the Charter protects freedom of expression?
Section 2(b)
In Canada, which level of government has the power to create criminal law?
Federal government
If the government limits one of your freedoms (like expression or religion), what must they show for that limit to be considered valid?
That the limit is reasonable and justified in a free and democratic society.
What is the name of the court where most criminal trials begin?
Provincial/Territorial Court
What term refers to written laws passed by legislatures?
Statutes
What clause allows governments to override certain Charter rights for up to 5 years?
The Notwithstanding Clause (Section 33)
What is the legal term for when the accused had no realistic choice but to commit a crime?
Duress
If evidence is obtained by police in a way that violates your rights, what might a judge decide to do with that evidence?
Exclude it (throw it out) so it can't be used in court.
What is the Latin term that means “to stand by decided matters,” referring to the rule of precedent?
Stare DecisisM
What is the term for a judge’s written explanation of a decision?
Reasons for Judgment (or “judicial reasons”)