JIBC Canadian Criminal Justice System 3 — Questions and Answers
Question 1: What are the two Latin terms that together form the essential elements of most criminal offences in Canada?
- Habeas corpus and mens rea
- Actus reus and mens rea (Correct answer)
- Res judicata and prima facie
- Stare decisis and actus reus
Correct answer: Actus reus and mens rea
Most criminal offences require both a guilty act (actus reus) and a guilty mind (mens rea) to establish criminal liability.
Question 2: Under the Canadian corrections system, who has authority over federal offenders serving sentences of two years or more?
- Provincial governments
- The Correctional Service of Canada (Correct answer)
- The National Parole Board exclusively
- Municipal police services
Correct answer: The Correctional Service of Canada
The Correctional Service of Canada (CSC), a federal agency, is responsible for managing offenders sentenced to two years or more in custody.
Question 3: What is a 'hybrid offence' in Canadian criminal law?
- An offence involving both adults and youth
- An offence that crosses provincial boundaries
- An offence the Crown can elect to prosecute by indictment or by summary conviction (Correct answer)
- An offence committed by both a principal and an accessory
Correct answer: An offence the Crown can elect to prosecute by indictment or by summary conviction
A hybrid (dual-procedure) offence is one where the Crown has discretion to proceed either by summary conviction (less serious) or by indictment (more serious), depending on the circumstances.
Question 4: Which Charter section protects individuals from unreasonable search and seizure in Canada?
- Section 7
- Section 8 (Correct answer)
- Section 9
- Section 10
Correct answer: Section 8
Section 8 of the Canadian Charter of Rights and Freedoms protects everyone from unreasonable search or seizure by the state.
Question 5: What does 'diversion' mean in the context of the Canadian criminal justice system?
- Transferring a case from provincial to federal court
- Redirecting an accused away from formal criminal court proceedings (Correct answer)
- Moving an offender between correctional facilities
- Appealing a conviction to a higher court
Correct answer: Redirecting an accused away from formal criminal court proceedings
Diversion programs redirect accused persons, particularly first-time or low-risk offenders, away from formal prosecution and toward alternative measures such as community service or counselling.
Question 6: What is the primary purpose of a preliminary inquiry in Canadian criminal proceedings?
- To determine the accused's sentence
- To allow the defence to enter a guilty plea
- To determine whether there is sufficient evidence to order the accused to stand trial (Correct answer)
- To set bail conditions for the accused
Correct answer: To determine whether there is sufficient evidence to order the accused to stand trial
A preliminary inquiry is a hearing before a justice of the peace or provincial court judge to determine whether the Crown has sufficient evidence to commit the accused to trial on an indictable offence.
Question 7: Which body is responsible for making decisions about parole for federal offenders in Canada?
- The Correctional Service of Canada
- The Parole Board of Canada (Correct answer)
- The Department of Justice Canada
- The Office of the Attorney General
Correct answer: The Parole Board of Canada
The Parole Board of Canada (PBC) is an independent administrative tribunal that makes decisions about the conditional release and pardon of federal offenders.
JIBC Canadian Criminal Justice System 3
What are the two Latin terms that together form the essential elements of most criminal offences in Canada?