Terms
A federal statute that contains all criminal offences and associated punishments in Canadian law.
What is the Criminal Code of Canada
The Charter right that Keegstra argued had been infringed
What is s.2(b)?
The 2 parties involved in the case
Who is the Crown and William Stinchcombe, the accused?
To examine someone’s property or belongings when one is suspected of committing a crime
What is search and seizure?
This section of the charter protects an individuals right to life, liberty, and security of a person.
What is Section 7?
The lawyer who is representing the government and prosecuting the accused.
What is the Crown?
This is the section of the Criminal Code that was argued to contradict a Charter right.
What is s. 319(2)?
The right to make “full answer and defence” is protected under this section of the Canadian Charter of Rights and Freedoms.
What is Section 7?
The section which Patrick claimed had been violated as he has the right to be protected from unreasonable search and seizure.
What is Section 8?
Courts use this test to determine whether a Charter violation is justified under section 1.
What is the Oakes test?
Courts function under this legal principle, which places the burden of proof as being “beyond a reasonable doubt”
What is innocent until proven guilty
This is a form of speech that has been recognized to harm minority groups as well as perpetuate false information.
What is hate propaganda?
This is the Crown’s obligation if it receives information during trial that helps the accused.
What is the duty to disclose the information to the defence?
Patrick claimed that a specific document is required before searching his private property.
What is a search warrant?
This section of the charter protects fundamental freedoms.
What is section 2
This philosophy is considered a sub-category of legal positivism and tries to explain the law through the real actions of lawmakers.
What is legal realism?
This is the initial court that Keegstra appealed to before his trial.
What is the Court of Queen’s Bench?
A basic legal principle that is essential to fairness in the justice system and reflects how the law ought to treat individuals when the state interferes with their rights
What is a principle of fundamental justice?
The court dismissed Patrick’s claims because the garbage was in the driveway visible to passerbys.
What is a reasonable expectation of privacy?
In this case, the accused made an argument that their section 8 rights had been violated as the police had obtained DNA evidence without consent. This included: hair samples, a saliva sample, and a dental impression.
What is R v. Polashek
A hearing held prior to a trial to determine whether the Crown has enough evidence to proceed to trial.
What is the preliminary hearing
Keegstra must prove that there is truth in his statements in order to use this section as a defence.
What is s.319(3)(a)?
In Stinchcombe, the accused was initially charged with breach of trust, theft, and fraud involving property given to him in this legal capacity.
What is in trust?
Patrick has been searched because of conducting drugs in a lab, Patrick tried to discard this evidence through garbage bags.
What is abandonment?
The SCC ruled that a detainee’s request to speak to a lawyer is insufficient to trigger this right by itself. Instead, there must be significant changes to the circumstances of the questioning.
What is reactivating the right to counsel?