section 2: 4 fundamental freedoms
Freedom of:
-conscience and religion
-thought, opinion, belief, and expression
-peaceful assembly
-association
Section 10: rights upon arrest
1. To be informed prompty of the reasons therefore.
2. to talk to a lawyer quickly and before talking to anyone else.
3. to have your 'day in court'.
Section 11: rights upon being charged
1. To be informed of the charge.
2. To be tried within a reasonable time.
3. To be presumed innocent until proven guilty
4. not to be denied reasonable bail.
Habeus Corpus
The legal right of a person who is imprisoned without explanation to appear in court within a reasonable time.
feudalism
A political, social, and economic system that existed in Europe between the 9th and 15th centuries that was based on the relationship of the lord and vassel. The King gave Lords power over a certain state to make/ enforce laws
Deterrence
The principle of discouraging or preventing an offender from committing an offence in the future (specific deterrence); or of discouraging or preventing all members of society from committing a similar crime (general deterrence).
Rehabilitation
The restoration of a person to good physical, mental, and moral health through treatment and training
Aggravating circumstances
Circumstances of the crime that increase the responsibility of the offender.
Recklessness
A state or instance of acting carelessly or without regard for the consequences of one's actions.
Intent
The true purpose of one's actions; also the state of a person's mind who knows and desires the consequences of his or her actions. (mens rea)
Congressional
The awareness or understanding of certain facts, which provides the necessary mens rea for an offence.
Due diligence
A defence that the accused took reasonable care not to commit the act or that the accused honestly believed his or her actions were innocent.
Culpable vs non-culpable homicide (KNOW THIS)
culpable = blameable. (murder, manslaughter, infanticide etc) non culpable = no blame. (accident, self defence)
Summary conviction offences
Minor criminal offences which are tried immediately without a preliminary hearing or a jury.
Criminal Law
The body of public law that declares acts to be crimes and prescribes punishments for those crimes.
Accessory after the fact
Someone who, after a crime is committed and knowing it was, helps the criminal escape
The Judge
Referred to as 'the Bench' or 'The Court'. They have full control of the courtroom during preliminary hearings and trials. They always decide the sentence if the accused if found guilty.
The Crown Prosecutor
They represent society in the courtroom. They have the 'burden of proof'. They must prove beyond a reasonable doubt that the accused committed the crime. They must present ALL evidence, even if it will weaken their case. Depending of the amount of evidence, they will decide if the case should go to court.
Defence counsel
Represent the defendant. They do not have to prove anything, just create doubt about the prosecutor's case. They must always represent their client to the best of their ability, even if their client is guilty.
The Court Clerk
Reads out the charge against the accused, swears in witnesses, tags evidence, handles most of the paperwork.
The Sheriff
Make sure the accused appears in court, find prospective jurors, assist the judge, serves summonses, carries out court orders (seizing assets).
Empanelling
The process of selecting the 12 jurors. 75-100 people are picked by a selection committee and summoned. If they do not appear they can be criminally charged. Names are picked randomly but can be exempted if they have a personal relationship with anyone in the case.
Contempt of court
An act that is meant to embarrass, hinder, or obstruct a court in its administration of justice, or lessen its dignity.
Privileged communications
Information shared in confidence cannot be used as evidence in court. (eg. spouses, patients and doctors, clients and lawyers)
Hearsay evidence
Hearsay is not admissible in court. any account of a crime must be given from a direct eye-witness. Hearsay is admissible if the witness is quoting someone who is dying.
Opinion evidence
An expert on a specific subject outside the court's knowledge is called in to give their expert opinion.
Character evidence
The defence can use character evidence to show the accused's credibility. If they do it, the prosecutor is then allowed to use previous convictions as evidence.
Photographs
They may or maynot be used as evidence. It's the judge's decision. The photographer will usually take the stand to prove it was not photoshopped.
Electronic devices/Video surveillance
They are admissible evidence if all procedures are followed. It is treated as a last resort.
Self-defence
A usable defence but you must only use force that is necessary and reasonable to defend yourself.
Legal duty
Allows people to commit acts that would otherwise be offences. (eg. police officers search someone's house with a warrant.)
Honest mistake
The offender truthfully did not know he or she had committed a crime. Usually happens with shoplifters.
Intoxication
Being drunk impairs one's judgement. They may assault someone without intending to hurt them.
Entrapment
A police officer who encourages someone to break the law so they can catch them. It is not recognized as a defence.
Human rights
Rights that protect one from discrimination by other individuals and in certain areas on one's life.
prejudice
Having a preconceived opinion of a person based on that person's belonging to a certain group.
Riot
An unlawful assembly in which at least 2 people disturb the peace violently, with physical harm to others, with damage to property.
Hung jury
The jury cannot reach a unanimous verdict. The jury is then dismissed and a new jury is selected.
Absolute or Conditional discharge
There is no conviction recorded against the offender. Usually a sentence for first time offenders only.
Suspended sentence and probation
If the offender meets certain conditions (behaves) they will not have to serve their sentence.
Conditional sentence
The sentence is less than 2 years maximum where the offender is allowed to serve the time in the community. The offender must be on good behaviour and appear to court during that time.
Suspension of privilege
If an offender abuses a privilege, it is taken away from them. eg drivers/liquor licence.
Peace bond
A court order requiring a person to keep the peace and be on good behaviour for up to 12 months.
Community service orders
The judge sentences an offender to work a certain number of hours for a local organization on a government project.
Concurrent sentence
An offender is convicted of two or more crimes and serve both penalties at the same time.
Consecutive sentence
An offender is convicted of two or more crimes and serve both penalties one after the other.
Youth Criminal Justice Act
1. Promoting accountability, responsibility, and consequences for all youth crimes.
2. Supporting long-term solutions to youth crime and reinforcing social values such as respect, responsibility and accountability.
3. Respecting national and international human rights protections for children, while protecting public safety.
4. Streamlining and making youth justice more flexible so that cases take less time and so that provinces can develop their own unique measures.
Provincial supreme court
Usually represented by lawyers. Cases can be tried by a judge or a judge and jury. The jury only has 6 members and can decide by a majority vote.
Supreme court of Canada
The highest court in the country. Most precedent setting cases are resolved here.
Filling and serving a claim
The plaintiff fills out a form with her full name and address, the defendants full name and address, the amount of money being claimed, and a summary of the reasons for the claim. The claim must then be delivered directly to the defendant.
Defence reply
The defence must fill out a reply telling their side of the story. If they do not reply then the judge will rule default judgement and the plaintiff will win the case.
Payment into court
If the defendant knows the plaintiff has a strong case, they can simply pay the courts who will give the money to the plaintiff. There will be no trial.
Counter-claim
The defendant can file a law suit against the plaintiff, stating that it was the fault of the plaintiff.
Third party claim
A defendant may fill out a claim stating that a third party was responsible for damages.
Pre-trial conference
The last chance for the parties to resolve the dispute before the trial. Each party is allowed to hear the other's case
General damages
Damages that do not have a set $ amount. (loss of future income, pain and suffering)
Punitive damages
additional damages awarded to punish the defendant for bad, insensitive, or uncaring behaviour. It is meant to deter the defendant from reoffending.
Aggrivated damages
Also meant as a deterrent. The defendant's actions were incredibly violent, causing shock or suffering to the plaintiff.
Garnishment
The courts contact the defendant's employer and arrange a deduction be added to their pay cheque every month until the debt is paid off.
Seizing Assets
The sheriff or bailiff takes something of value from the defendant until they pay back their debt. If the defendant does not pay, the item goes for sale in a police auction.
Negotiation
Parties talk to each other without anyone else. This is the simplest, easiest and cheapest form of resolution. However, it only works if both parties cooperate with each other.
Mediation
A third party is chosen to provide a relaxed, informal and comfortable environment where the parties can discuss their conflict. Any decision the mediator makes is not binding!
Arbitration
It is more formal than mediation. Both parties must agree that whatever decision the arbitrator makes is binding. It is much like court but much simpler and cheaper. Judge Judy is an arbitrator.
Forseeability
the quality of being what a reasonable person should expect or anticipate as a result of certain actions.
Causation
Having one's actions cause or result in injury. There must be a direct connection between the defendant's act and the plaintiff's claim
Contributory negligence
A defence in a negligence case where both the plaintiff and defendant are proven to be responsible. The defendant then only has to pay part of the claim.
Voluntary assumption of risk
The defendant must prove that the plaintiff knew of the risk of his or her actions and made a choice to assume the risk.
Licensee
A person who enters the property with the implied permission of the occupier. No economic benefit is expected to result and therefore the occupier has a lower standard of care.
Trespasser
A person who enters the property without permission. Occupiers must give a certain standard of care even to trespassers.
Motor vehicle negligence
When the plaintiff proves the defendant hit them with their vehicle, the burden of proof shifts to the defendant to prove they were not being negligent.
Vicarious liability
Holding a blameless person responsible for the misconduct of another. (If a teenager takes parents car and crashes it, the parents are responsible).
Battery
The unlawful and intentional touching of a person without that person's consent. It does not have to result in injury.
False imprisonment
'wrongful confinement' usually occurs when a store security suspects someone of shoplifting.
Nuisance
An unreasonable use of land that interferes with the right of others to enjoy their property.
Defences for trespassing (on land or self)
consent, self-defence, defence of others or property, legal authority, necessity
Defamation
an unjustified or untrue attack on a person's reputation. It can be intentional or unintentional.
Libel
Defamation in a visual/audio form that is available to the general public. (newspaper, TV etc.)
Absolute privilege
Members of parliament and all participants in courts have absolute privilege. They cannot be sued for anything they say so they can say whatever they want as long as it is relevant to the proceedings.
Qualified privilege
An expressed opinion during the course of one's work that is made without malice.
Fair comment
Media critics have the right to free speech and can say whatever they want. This defence only works if the statements were made without malicious intent.