exam review

• Categories of Offences


  • Summary Conviction
  • Indictable
  • Hybrid
• Summary Conviction


  A less serious criminal offence, also known as misdemeanours (e.g. shoplifting, tresspassing, traffic offence)
• Indictable


  A more serious criminal offence with a severe punishment (e.g. murder – life imprisonment)
• Hybrid


  A criminal offence in which the Crown decides how to treat the charge (summary or indictable)
• Maximum penalties for offences

  • Summary: $2000 fine and/or 6 months in prison
  • Indictable: Life in prison
  • Hybrid: 2-10 years in prison
• Statute of Limitations


  A time limit to lay charges
• Summary Statute of Limitations

  Charges must be laid within 6 months of the alleged incident
• Indictable Statute of Limitations

  No time limit or statute of limitations; charges can be laid several years after the alleged incident
• Hybrid Statute of Limitations

  Depends on whether the case is tried as summary or indictable
• Appearance notice


  A legal document stating the criminal charge and court date; usually used for summary conviction offences
• Appearance notice procedure


  If a police officer believes the accused is not dangerous and will appear in court on a specific date, he or she will issue an appearance notice to the accused and swear an information in court
• Information


  A complaint that a crime has been committed; the starting document for a less serious offence
• Arrest procedure


  1. Identify himself/herself as a police officer

  2. Inform the accused of the charge(s)

  3. Cautions: right to counsel; right to remain silent

  4. Physically touch the accused to signify custody (usually means putting the suspect in handcuffs)

  5. If the accused resists arrest, the police may use "as much force as necessary"
• Obtaining an arrest warrant

  1. If police have trouble locating a suspect for arrest, they may get a court to issue a summons, which orders someone to appear in criminal court

  2. In situations where police believe a suspect may be dangerous or uncooperative, they may persuade a judge to issue a warrant for his or her arrest; a warrant names the accused, lists the offence(s), and orders the arrest
• Citizen's arrest


  Ordinary citizens are permitted by law to arrest others in certain situations
• Situations where citizens may arrest someone

  • They are defending themselves, their dwelling, and/or their property
  • They witness an indictable offence while it is in the process of being committed
  • They are assisting a police officer
• Detention


  • A person should not be randomly stopped, arrested, or detained unless there is a good reason for doing so
  • If a person is detained, the detention should either lead to an arrest within a short period of time, or the person should be allowed to leave
  • The police cannot force someone to be detained unless they officially arrest them
• Being arrested


  • If a person is arrested, his or her request to contact a lawyer must be honoured by police
  • Duty counsel may be provided to an accused person should they have difficulty meeting with their own lawyer
  • Police may also provide the accused with a list of local defence lawyers
  • The accused may refuse to answer questions or provide statements until they consult with a lawyer, but may answer basic questions: name, address, occupation, date of birth
• Rights when arrested or detained

  • To be informed of the reasons
  • To retain and instruct counsel
  • To have the validity of the detention determined by writ of habeas corpus
• Habeas corpus


  A Latin term which means "produce the body"; in current legal terms it means to present a case on why the accused is being denied his or her freedom
• Section 11 of the Charter, Rights at Trial


  Provides specific rights for any person charged with an offence
• Rights under Section 11 of the Charter


  • The right to be told what the specific offence is without an unreasonable delay
  • The right to be tried within a reasonable time
• Legal aid


  • If an accused person cannot afford their own lawyer, they may be eligible for legal aid, which is paid for by the government through taxes
  • Candidates include those on social assistance or welfare, or others who have very low income
  • To qualify for legal aid, an accused person must "prove" that they cannot afford a lawyer
• Accused


  Cannot be forced to testify, may discuss pros and cons of testifying with lawyer, cannot be denied reasonable bail without good reason, has the right to a trial by jury if the case involves serious criminal charges
• A common criticism of the justice system is that only the very rich and very poor have easy access to lawyers
• Bail


  $$$ or property that is guaranteed to the court if the accused fails to appear in court at a later date
• Surety


  A person who posts bail and accepts responsibility for an accused person
• Our criminal laws set limits on penalties, including maximum sentences and mandatory minimum punishments
• The Charter Since 1982


  Canadians could now challenge laws and government actions that violated Charter rights and freedoms, Section 24 details the enforcement of guaranteed rights and freedoms
• Reverse onus


  When the burden of proof is placed on the accused to justify why they should be granted bail
• Section 9 of the Charter


  Everyone has the right "not to be arbitrarily detained or imprisoned", detention should either lead to an arrest within a short period of time, or the person should be allowed to leave, police cannot force someone to be detained unless they officially arrest them
• Being Arrested


  Request to contact a lawyer must be honoured by police, duty counsel may be provided, police may provide a list of local defence lawyers, accused may refuse to answer questions or provide statements until they consult with a lawyer, but may answer basic questions
• Rights under Section 10 of the Charter

  • To be informed of the reasons
  • To retain and instruct counsel
  • To have the validity of the detention determined by writ of habeas corpus
• Disclosure


  1. Prior to trial, the Crown must disclose, or reveal, all of their evidence to the defence

  2. The accused must understand the evidence that may be used against him or her so he or she can build a defence and be granted a fair trial

  3. The only thing that the defence must present to the Crown is an alibi defence, if they intend to use one
• Habeas corpus


  A Latin term which means "produce the body"; in current legal terms it means to present a case on why the accused is being denied his or her freedom
• Legal Aid


  Paid for by the government through taxes, candidates include those on social assistance or welfare, or others who have very low income, accused person must "prove" that they cannot afford a lawyer
• A common criticism of the justice system is that only the very rich and very poor have easy access to lawyers
• Collection of evidence


  1. Before a trial occurs, the Crown and defence have the right to examine all evidence collected by the police

  2. Evidence includes anything that may be used against the accused in court, including weapons, clothing, blood, and fingerprints

  3. In recent years, DNA has revolutionized the use of forensic sciences in law enforcement

  4. Evidence is often found at the scene of the crime and during autopsies (determining a victim's cause of death)
• Release & Bail


  Bail: $$$ or property that is guaranteed to the court if the accused fails to appear in court at a later date, Surety: a person who posts bail and accepts responsibility for an accused person, Other than money, bail conditions often include curfews and travel restrictions, Reverse Onus: when the burden of proof is placed on the accused to justify why they should be granted bail
• Awaiting Trial


  1. Disclosure: Crown must disclose all evidence to the defence

  2. Collection of evidence: Crown and defence have the right to examine all evidence collected by the police

  3. Court appearances: accused may enter a plea of "guilty" or "not guilty", adjournment occurs when the Crown or defence asks for a delay or postponement in proceedings

  4. Preliminary hearing: used to determine whether there is enough evidence to proceed to trial

  5. Resolution discussions: occur between the Crown and defence before a trial begins in an attempt to resolve the case without going to trial