Deck 2: Criminal Law and Criminal Justice in Canada

Question 1

If a sexual assault case proceeds by way of summary conviction, what is the maximum punishment upon conviction?

A)6 months incarceration
B)12 months incarceration
C)18 months incarceration
D)24 months incarceration

Answer 1

C

Question 2

Bellamy is driving home from school, when Anastasia, driving under the influence of alcohol, loses control of her truck and slams into Bellamy's car. What category of criminal law determines if Anastasia's conduct is punishable by the state?

A)substantive criminal law
B)procedural criminal law
C)criminal liability
D)the rule of law

Answer 2

C

Question 3

Which action is involved in a Level 3 sexual assault (s. 273 of the Criminal Code)?

A)endangering the life of the victim
B)the use of a weapon
C)the threat to use a weapon
D)a minor physical assault

Answer 3

A

Question 4

Prior to new legislation (Bill C-127) that was proclaimed on January 1, 1983, which of the following general conditions did NOT need to be established for a person to be found guilty of rape?

A)the complainant had to be female
B)the act of intercourse occurred without the consent of the woman
C)the complainant and accused were married to each other
D)sexual intercourse occurred

Question 5

The individuals who drafted the Canadian Charter of Rights and Freedoms chose to use which term?

A)due process
B)procedural criminal law
C)principles of fundamental justice
D)institutional foundations for a just society

Question 6

Which of the following was a new provision included in the sexual assault legislation (Bill C-127) introduced in January 1983?

A)a reclassification of the right to silence
B)the right of disclosure of all relevant records pertaining to the victim
C)spouses could be charged with sexual assault
D)increased protections for the accused during cross-examination, particularly about their prior sexual history

Question 7

Which of the following enacts the majority of Canada's criminal laws?

A)the police
B)the courts
C)Parliament
D)society

Question 8

When the police detain and/or arrest an accused offender, what type of law focuses on the importance of how the rights and duties of individuals can be enforced?

A)substantive criminal law
B)the rule of law
C)statute law
D)procedural criminal law

Question 9

When did common law stop allowing legal counsel for the accused in rape cases to QUESTION the complainant about her reputation and prior sexual activity in the hope of convincing the jury that she had consented to the sexual activity in QUESTION?

A)1953
B)1963
C)1973
D)1983

Question 10

In 2013, the Supreme Court held Alberta's Personal Information Protection Act (PIPA) to be unconstitutional, holding that a person's right to freedom of expression during a labour strike offsets the person's right to control their information in public. Which category of criminal law was at play here?

A)substantive criminal law
B)procedural criminal law
C)criminal liability
D)the rule of law

Question 11

Which category of criminal law highlights "the primacy of demonstrating legal guilt rather than factual guilt, and raises a number of obstacles to conviction in order to protect the rights of criminal suspects"?

A)substantive criminal law
B)procedural criminal law
C)criminal liability
D)the rule of law

Question 12

A'isha commits a crime by selling drugs to a group of youth behind the school gym. What is the body of legislative actions that determines A'isha's conduct is punishable by the state?

A)procedural criminal law
B)the Charter of Rights and Freedoms
C)substantive criminal law
D)the rule of law

Question 13

Which of the following does the process of criminalization NOT involve?

A)identifying problematic behaviour
B)defining certain behaviour as crimes through legislation
C)classifying objective harms (or actions in the case of inchoate and endangerment offenses) that are prima facie criminalizable
D)punishing those who are found guilty in a criminal court

Question 14

Following his sexual assault trial, what verdict did the judge render on ex-CBC broadcaster Jian Ghomeshi?

A)10 years imprisonment
B)14 years imprisonment
C)maximum term of life imprisonment
D)not guilty of all charges

Question 15

In which of the following processes is a person's behaviour identified as problematic, defined as criminal, regulated through law enforcement, and punished through the court if found guilty?

A)justification
B)illegalization
C)legalization
D)criminalization

Question 16

What is the maximum imprisonment for Level 2 sexual assault?

A)10 years
B)14 years
C)20 years
D)life

Question 17

When a criminal act is committed and the accused must be tried in a court of law, the accused is guaranteed a speedy trial under which of the following?

A)criminal law
B)principles of fundamental justice
C)substantive law
D)the rule of law

Question 18

Laws are created to protect society, and procedural safeguards are created to protect which of the following?

A)the police
B)the courts
C)the criminal
D)the government

Question 19

What type of law does "principles of fundamental justice" refer to?

A)civil law
B)substantive law
C)criminal law
D)procedural law

Question 20

What is reflected in the three levels of harm found in Bill C-127?

A)the type of perpetrator
B)the seriousness of the incident
C)the relationship between the perpetrator and complainant
D)the location of the incident

Question 21

The idea that there can be no crime unless a law forbids the act in QUESTION is embodied in which phrase?

A)nulla poena sine lege certa
B)nulla poena sine lege scripta
C)nulla poena sine praevia lege poenali
D)nullum crimen sine lege

Question 22

In which case did the defence unsuccessfully argue that relevant police occurrence records concerning the complainant should be made available in accordance with the rules concerning full disclosure?

A)R. v. Mills
B)R. v. O'Connor
C)R. v. Quesnelle
D)R. v. Darrach

Question 23

What was demonstrated in Gotell's study of 16 sexual assault cases where judges had been asked by the defence for records about the complainants?

A)that records are disclosed to the accused on the basis of discriminatory rationales
B)that judges varied in their emphases about the relevant factors found in the Criminal Code
C)that judges interpret the law consistently
D)that judges are most concerned about equality when they make their decisions

Question 24

Which of the following is NOT an example of how criminal law deals with intangibles?

A)anti-stalking laws
B)hate laws
C)perjury laws
D)physical injury laws

Question 25

Which level of sexual assault is a hybrid offence by which a Crown prosecutor has the power of discretion to proceed by way of indictment or summary conviction?

A)Level 1
B)Level 2
C)Level 3
D)Level 4

Question 26

Which term refers to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime?

A)corpus delecti
B)jura personarum
C)jura rerum
D)ad quod damnum

Question 27

Based on the Supreme Court of Canada ruling in O'Connor, what is the first element a judge has to consider when determining if a victim's counselling records can be accessed by the defence?

A)whether the counselling records are likely to be of sufficient relevance to the defence
B)whether access is necessary to achieve the goal of justice
C)whether the counselling records balance the interests of the defence with the impact such information might have upon the complainant's right to privacy, dignity, and security
D)whether access is necessary to resolve a substantive criminal law issue

Question 28

In which case did the Supreme Court of Canada rule that a woman's records had to be given to the judge if the defence could persuade the judge that the records may contain information useful to the defendant?

A)R. v. Daviault
B)R. v. Gayme
C)R. v. Darrach
D)R. v. O'Connor

Question 29

According to the text, what was the most controversial aspect of the sexual assault law introduced in 1983?

A)that the maximum punishment for Level 3 sexual assault was life imprisonment
B)the provisions restricting the ability of the accused to introduce evidence concerning the victim's past sexual conduct
C)that the victim could only be female
D)the marital relationship between the complainant and accused

Question 30

When did the Supreme Court unanimously uphold the 1992 law that restricted the freedom of defence lawyers to QUESTION sexual assault victims about their past sexual history?

A)1997
B)2000
C)2007
D)2017

Question 31

What two elements are required for an offender to be found guilty in a court of law?

A)act and offence
B)actus rea and mens reus
C)mens rea and offence
D)actus reus and mens rea

Question 32

What percentage of all sexual assault charges in 2016 were Level 1?

A)68 percent
B)78 percent
C)88 percent
D)98 percent

Question 33

In which case did the Supreme Court of Canada reject the defence of implied consent?

A)R. v. Mills
B)R. v. Seaboyer
C)R. v. O'Connor
D)R. v. Ewanchuk

Question 34

In which case did the defendant unsuccessfully argue that he had been denied a fair trial because he had been unable to raise specific aspects of his prior sexual relationship with the complainant, arguing that he had formed the "honest but mistaken belief" that the sexual incident was consensual?

A)R. v. Mills
B)R. v. O'Connor
C)R. v. Gayme
D)R. v. Darrach

Question 35

What is required for an act to be determined as legally criminal?

A)society determines the act to be criminal
B)the courts determine the act to be criminal
C)a law determines the act to be criminal
D)the police determine the act to be criminal

Question 36

Which concept is commonly seen in incidents resulting in severe injury or death?

A)actus rea
B)mens reus
C)mens rea
D)actus reus

Question 37

In which case did a judge rule that preventing the cross-examination of a complainant about her or his sexual history could omit pertinent evidence thus hindering the accused's ability to make full answer and defence?

A)R. v. Daviault
B)R. v. Gayme
C)R. v. Darrach
D)R. v. O'Connor

Question 38

In order to convict someone, which element must the state must usually prove?

A)concurrence of corpus delecti and contra legem
B)concurrence of mens rea and actus reus
C)concurrence of animus nocendi and corpus juris
D)ad quod damnum and corpus juris civilis

Question 39

Which concept captures the idea that in almost every crime it is necessary for the prosecution to prove that some action of the defendant's resulted in the effect, which is a criminal act.

A)actus rea
B)mens reus
C)mens rea
D)actus reus

Question 40

Which concept promotes the idea that an act itself does NOT make a person guilty of a crime, unless their mind is also guilty?

A)actus rea
B)mens reus
C)mens rea
D)actus reus

Question 41

Which of the following is a specific intent offence?

A)arson
B)robbery
C)aggravated assault
D)receiving stolen property

Question 42

Adam committed a crime two days prior to his 18th birthday. One month later, he was charged in adult criminal court with committing the offence. What type of excuse defence will Adam be able to use?

A)age
B)mistake of fact
C)mistake of law
D)necessity

Question 43

Which term refers to unconscious or involuntary behaviour?

A)automatism
B)duress
C)necessity
D)mistake of fact

Question 44

Ezra's spouse Daniella was killed while sleeping in her home in St. John's. When charged with Daniella's murder, Ezra was able to use which of the following excuses due to his tendency to sleepwalk?

A)self-defence
B)automatism
C)duress
D)necessity

Question 45

What is missing when people commit a crime in self-defence or while under duress?

A)actus reus
B)mens rea
C)motive
D)intent

Question 46

Why do Barnhorst and Barnhorst (2004) contend that motive is relevant to the criminal justice system?

A)it provides a reason why the person committed the crime
B)it defines the intent of the crime
C)it stops the judge from sentencing differently
D)it stops the police from charging the offender

Question 47

When a person is found not criminally responsible due to a mental disorder, what is one of the dispositions available to the court or review board?

A)acquittal
B)guilty
C)conditional discharge
D)release

Question 48

Batuhan was suffering from a mental disorder when he committed an offence. What was missing from the act?

A)actus rea
B)mens reus
C)intent
D)concurrence

Question 49

Which of the following requires that intent both precede and be related to the specific prohibited action or inaction that was or was not taken?

A)causation
B)harm
C)concurrence
D)corpus delecti

Question 50

In which case did the Supreme Court rule that drug laws can cause grossly disproportionate harm by preventing medical personnel from giving injections in a manner that protects individuals from contracting potentially deadly diseases?

A)Canada v. Mossop
B)Canada v. Bedford
C)Canada v. PHS Community Services Society
D)Canada v. Hislop

Question 51

Which term refers to the prohibited act of a criminal offence?

A)mens rea
B)intent
C)actus reus
D)motive

Question 52

A person purchases a stereo from the trunk of another person's car. When charged with a criminal act, they could attempt to use which level of culpability?

A)purposeful
B)knowledge
C)recklessness
D)negligence

Question 53

You are listening to a public lecture on Supreme Court rulings. The speaker describes the criminal offence outlawing the ability for sex workers to have a steady place of business in a location such as a home, which was held to cause grossly disproportionate harms to the sex worker. Which case is the speaker likely citing?

A)Canada v. Mossop
B)Canada v. Bedford
C)Canada v. PHS Community Services Society
D)Canada v. Hislop

Question 54

Which type of criminal offence does not require the prosecution to prove through an independent investigation the state of the defendant's mind at the time of the offence?

A)specific intent
B)administrative
C)general intent
D)habeas corpus

Question 55

In which case did the Supreme Court of Canada hold that the laws surrounding prostitution cause grossly disproportionate harms to prostitutes?

A)Canada (Attorney General) v. Bedford
B)Canada (Attorney General) v. Hunter
C)Canada (Attorney General) v. Bloomfield
D)Canada (Attorney General) v. Pickford

Question 56

Which of the following requires that the prosecution prove beyond a reasonable doubt the intent specified in the statute's definition of the elements of a crime?

A)general intent
B)procedural criminal law
C)substantive criminal law
D)specific intent

Question 57

Which term refers to those crimes requiring that the conduct of the accused produce a specific result?

A)concurrence
B)harm
C)causation
D)mens rea

Question 58

What type of culpability is being displayed when an individual violates the law by not taking the appropriate care and attention?

A)knowledge
B)procedural justice
C)intent
D)recklessness

Question 59

For which of the following reasons did prostitutes believe the law was a violation of s. 7 of the Charter of Rights and Freedoms?

A)they were unable to earn a living
B)it forced them into situations that often resulted in severe violence
C)they wanted to be free to solicit in a location of their choice
D)responsibility should be equal between the solicitor and their client

Question 60

Which of the following is a general intent offence?

A)assault causing bodily harm
B)unlawful confinement
C)incest
D)assaulting a police officer

Question 61

Which justification defence, if accepted by the court, results in an acquittal?

A)mistake of law
B)mistake of fact
C)duress
D)provocation

Question 62

What is the main difference between summary and indictable offences?

A)summary offences fall under the jurisdiction of the civil courts
B)summary offences are more serious crimes than indictable offences
C)indictable offences involve sums of money over $4,000
D)indictable offences carry more serious consequences than summary offences

Question 63

What type of laws prohibit or mandate certain acts?

A)administrative laws
B)the rule of law
C)case laws
D)statute laws

Question 64

When living in Canada, you are responsible for knowing the current laws. As such, if you did commit a crime, why would you be held accountable?

A)everyone is accountable in Canada
B)ignorance of the law is not a defence
C)you are considered an accessory
D)you had previously committed the same crime

Question 65

Which of the following is NOT one of the four main sources of Contemporary Canadian law?

A)statute law
B)Indigenous law
C)the Constitution
D)administrative law

Question 66

In which of the following does a judge follow previous decisions (i.e., precedent) in similar cases?

A)case law
B)administrative law
C)stare decisis
D)corpus delecti

Question 67

When a criminal act is caused by forces of nature or human conduct other than the intentional threats of bodily harm, what legal defence can be used?

A)mistake of law
B)necessity
C)duress
D)mistake of fact

Question 68

What was the revision regarding self-defence in Bill C-26, The Citizen's Arrest and Self-defence Act?

A)self-defence can now be used only in violent crimes
B)self-defence can now be used for any offence
C)self-defence is not available when protecting your home or business
D)self-defence is unreasonable in any circumstance

Question 69

What do judges in Canada typically do when following precedents in deciding a case?

A)follow only what other judges in their courts decide
B)follow the decisions of higher and equal courts
C)follow only those decisions of higher courts
D)follow what the statute states

Question 70

What always overrules case law, except in conflicts over the Canadian Charter of Rights and Freedoms?

A)the scope of the law
B)administrative law
C)the Constitution
D)statute law

Question 71

What is the most important source of laws in Canada today?

A)the constitution
B)statute law
C)case law
D)the common law

Question 72

What was demonstrated by the Supreme Court of Canada's decision in the Robert Latimer case?

A)that a Charter of Rights and Freedoms violation was present, but the violation was necessary to protect society's weak, vulnerable, and disabled
B)that the judiciary are compassionate when it comes to cases involving euthanasia
C)that it is futile to sentence individuals to a term of imprisonment in cases involving euthanasia
D)that mercy killing is legally murder, whatever the motive

Question 73

When an agent of the state (e.g., a police officer) offers to an individual the opportunity to commit a crime, which of the following has occurred?

A)mistake of law
B)self-defence
C)entrapment
D)provocation

Question 74

Which type of offence is a violation of an administrative law?

A)regulatory
B)actus reus
C)procedures
D)criminal liability

Question 75

Which case was successfully used to acquit a woman who used force to protect herself from an aggressor, also known as "battered woman syndrome"?

A)R. v. Lavallee
B)R. v. Stevenson
C)R. v. Long
D)R. v. Sherren

Question 76

Robert Latimer was charged for killing his disabled daughter to end her suffering in 1993. At his trial, which justification defense was used by the defense?

A)duress
B)necessity
C)self-defense
D)provocation

Question 77

A police officer pulls you over and you are given a citation for violating the speed limit. What type of law did you break?

A)administrative regulations
B)the Constitution
C)case laws
D)statute laws

Question 78

What defence could be used by someone who commits an illegal act while believing that certain circumstances exist?

A)justification
B)duress
C)mistake of fact
D)mistake of law

Question 79

Which of the following contains the fundamental principles guiding the enactment of laws and the application of those laws by the courts in Canada?

A)statute law
B)case law
C)the Constitution
D)administrative law

Question 80

What is the legal defence that can be applied when there is a wrongful act or insult that deprives an ordinary person of the power of self-control?

A)provocation
B)entrapment
C)duress
D)necessity