Canadian Criminal Justice System Flashcards

In British Columbia, which court has the jurisdiction to hear trials for the most serious indictable offences, such as murder, and is the only court where jury trials are conducted?

Answer: Supreme Court of British Columbia

The Supreme Court of British Columbia is the province's superior trial court with inherent jurisdiction over all indictable offences. It is the only court in B.C. where jury trials for criminal cases are held, and it must hear the most serious offences like murder.

A 16-year-old is charged with a non-violent property crime. It is their first interaction with the law. According to the principles of the Youth Criminal Justice Act (YCJA), which of the following is the most likely and preferred initial approach?

Answer: Extrajudicial measures, such as a warning or referral to a community program

The Youth Criminal Justice Act (YCJA) emphasizes rehabilitation and reintegration, promoting measures outside the formal court system (extrajudicial measures) for less serious, non-violent, first-time offences. The goal is to hold the youth accountable in a timely and effective manner without resorting to the formal judicial process, which is reserved for more serious crimes.

What is the primary role of Crown Counsel in the Canadian criminal justice system?

Answer: To act as a 'minister of justice' and present all credible evidence fairly

The Supreme Court of Canada has affirmed that the primary role of Crown Counsel is not to win or lose a case, but to act as a quasi-judicial 'minister of justice'. Their duty is to present all credible and relevant evidence to the court in a fair and dispassionate manner to ensure justice is done.

A judge is preparing to sentence an offender who has identified as Indigenous. Which of the following is a mandatory consideration for the judge, based on the principles established in R. v. Gladue?

Answer: The unique systemic and background factors affecting Indigenous peoples and all available sanctions other than imprisonment

The Supreme Court's decision in R. v. Gladue requires judges to consider the unique systemic or background factors that may have played a part in bringing an Indigenous offender before the court (Gladue factors). Judges must also consider all available sanctions other than imprisonment that are reasonable in the circumstances, with a focus on restorative justice options. This does not automatically mean a lesser sentence.

An accused person is charged with an offence and is awaiting trial. A judge must decide whether to grant them bail. Which of the following is NOT a primary ground for detaining an accused person in custody?

Answer: To punish the accused for the alleged offence before a trial has concluded

Detaining an accused person prior to trial is not meant to be punitive. The primary grounds for denying bail are to ensure the accused attends court, to protect the public, and to maintain confidence in the justice system. Punishing an individual before they are found guilty would violate the fundamental principle of the presumption of innocence.

Which principle of sentencing, codified in the Criminal Code of Canada, dictates that a sentence must be comparable to sentences imposed on similar offenders for similar offences committed in similar circumstances?

Answer: Parity

The principle of parity (s. 718.2(b) of the Criminal Code) requires that sentences be similar for similar offenders committing similar crimes in similar situations. This ensures consistency and fairness in the sentencing process across the country.