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Canadian Criminal Justice System Flashcards

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  1. Which document is the primary source of constitutional rights for individuals accused of crimes in Canada?

    Answer: The Canadian Charter of Rights and Freedoms

    The Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982) guarantees fundamental legal rights to all persons in Canada, including those accused of crimes.

  2. What is the standard of proof required for a criminal conviction in Canada?

    Answer: Beyond a reasonable doubt

    In Canadian criminal law, the Crown must prove the accused's guilt beyond a reasonable doubt, which is the highest standard of proof in the legal system.

  3. Under the Youth Criminal Justice Act, what is the minimum age of criminal responsibility in Canada?

    Answer: 12 years old

    The Youth Criminal Justice Act sets the minimum age of criminal responsibility at 12 years old; children under 12 cannot be charged with a criminal offence.

  4. Which level of court in Canada has unlimited jurisdiction to hear the most serious criminal cases, including murder?

    Answer: Superior Court

    Superior Courts (e.g., the Supreme Court of British Columbia) have inherent and unlimited jurisdiction and handle the most serious criminal matters, including murder trials.

  5. What term describes the legal principle that an accused person is presumed innocent until proven guilty?

    Answer: Presumption of innocence

    The presumption of innocence is a fundamental principle enshrined in s. 11(d) of the Charter, placing the burden of proof on the Crown.

  6. What is the role of a Crown Counsel in the Canadian criminal justice system?

    Answer: To prosecute criminal cases on behalf of the state

    Crown Counsel (also called Crown Attorney or Crown Prosecutor) represents the government and is responsible for prosecuting criminal cases in court.

  7. Which section of the Criminal Code of Canada defines the process for an accused's first court appearance?

    Answer: A bail hearing under s. 515

    A bail hearing (show cause hearing) under s. 515 of the Criminal Code is typically the first court appearance where a justice determines whether the accused should be released or detained.

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