Question 1

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

Accepted Answer

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?

Accepted Answer

C

Question 3

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

Accepted Answer

Level 3 sexual assault involves actions that endanger the life of the victim, making it the most severe form of sexual assault under the Criminal Code.

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?

Accepted Answer

Prior to the enactment of Bill C-127, the law did not recognize marital rape, meaning that a husband could not be charged with raping his wife. This changed with the new legislation, which recognized that rape could occur within marriage.

Question 5

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

Accepted Answer

The drafters of the Canadian Charter of Rights and Freedoms chose to use the term "principles of fundamental justice" rather than "due process," which is more commonly found in American legal documents. This choice reflects a broader and potentially more flexible approach to legal rights and procedural fairness in Canada.

Question 6

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

Accepted Answer

Bill C-127, introduced in January 1983, included a provision that allowed for spouses to be charged with sexual assault, recognizing marital rape as a crime.

Question 7

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

Accepted Answer

Parliament is responsible for enacting the majority of Canada's criminal laws, as it is the federal legislative body that creates and amends laws within the country.

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?

Accepted Answer

Procedural criminal law focuses on the processes by which the rights and duties of individuals are enforced, including how the police detain and arrest accused offenders, ensuring legal standards and constitutional protections are followed.

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?

Accepted Answer

In 1983, legal reforms, such as the introduction of "rape shield" laws, were enacted in many jurisdictions to prevent the defense from questioning the complainant about her sexual history, aiming to protect the victim's privacy and prevent prejudice.

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?

Accepted Answer

Substantive criminal law defines rights and responsibilities in civil law, including the instance of balancing rights such as freedom of expression against privacy rights, as seen in the Supreme Court's decision regarding Alberta's Personal Information Protection Act (PIPA).

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"?

Accepted Answer

Procedural criminal law focuses on the processes that govern how crimes are investigated, prosecuted, and adjudicated. It emphasizes protecting the rights of suspects and defendants, ensuring that legal guilt is established through a fair and transparent process, rather than solely focusing on factual guilt. This includes rights such as the presumption of innocence, the right to a fair trial, and protections against unlawful searches and seizures.

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?

Accepted Answer

Substantive criminal law defines what constitutes criminal behavior and specifies the punishments for such offenses. In A'isha's case, it is the body of law that determines the selling of drugs as a punishable crime.

Question 13

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

Accepted Answer

Classifying objective harms (or actions in the case of inchoate and endangerment offenses) that are prima facie criminalizable is not part of the process of criminalization.

Question 14

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

Accepted Answer

Jian Ghomeshi was found not guilty of all charges in his sexual assault trial.

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?

Accepted Answer

Criminalization is the process through which behaviors are identified as problematic, defined as criminal, regulated by law enforcement, and subject to punishment by the courts if the individual is found guilty.

Question 16

What is the maximum imprisonment for Level 2 sexual assault?

Accepted Answer

The maximum imprisonment for Level 2 sexual assault is 14 years. This level of sexual assault involves sexual assault with a weapon, threats to a third party, or causing bodily harm.

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?

Accepted Answer

The principles of fundamental justice guarantee the right to a speedy trial to ensure fairness and prevent undue suffering from prolonged legal uncertainty. This is a fundamental right in many legal systems to ensure justice is both served and seen to be served without unnecessary delay.

Question 18

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

Accepted Answer

Procedural safeguards are designed to protect the rights of the individual, in this case, the criminal, ensuring they receive a fair trial and that their rights are not violated during the legal process.

Question 19

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

Accepted Answer

Procedural law establishes the rules and procedures that govern the administration of justice, including the principles of fundamental justice.

Question 20

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

Accepted Answer

The three levels of harm in Bill C-127 reflect the seriousness of the incident, categorizing offenses based on their severity.

Quiz 2: Criminal Law and Criminal Justice in Canada