JIBC Canadian Criminal Justice System 4 — Questions and Answers
Question 1: What is the maximum sentence for a summary conviction offence in Canada following amendments to the Criminal Code?
- 6 months imprisonment
- 12 months imprisonment
- 2 years less a day imprisonment (Correct answer)
- 5 years imprisonment
Correct answer: 2 years less a day imprisonment
Following amendments enacted in 2019, the maximum penalty for most summary conviction offences was increased to two years less a day, replacing the prior six-month maximum.
Question 2: Which of the following is NOT one of the stated objectives of sentencing under s. 718 of the Criminal Code?
- Denunciation of unlawful conduct
- Rehabilitation of offenders
- Elimination of poverty as a root cause of crime (Correct answer)
- Protection of society
Correct answer: Elimination of poverty as a root cause of crime
Section 718 lists six sentencing objectives including denunciation, deterrence, separation, rehabilitation, reparation, and promoting responsibility; eliminating poverty is not among them.
Question 3: In Canada, which court has the final authority to interpret the Constitution and Canadian law?
- The Federal Court of Canada
- The Superior Court of each province
- The Supreme Court of Canada (Correct answer)
- The Court Martial Appeal Court
Correct answer: The Supreme Court of Canada
The Supreme Court of Canada is the highest court in the country and has final appellate jurisdiction over all Canadian law, including constitutional matters.
Question 4: What is a 'conditional sentence order' (CSO) in Canadian sentencing?
- A sentence served in a federal penitentiary with conditions attached
- A sentence of imprisonment served in the community under strict conditions (Correct answer)
- A suspended sentence with no jail time possible
- A fine paid in instalments as a condition of release
Correct answer: A sentence of imprisonment served in the community under strict conditions
A conditional sentence order (s. 742.1 Criminal Code) allows an offender sentenced to less than two years to serve that sentence in the community under strict conditions, rather than in a correctional facility.
Question 5: What principle requires that courts impose the least restrictive sanction necessary to achieve the sentencing objectives?
- The totality principle
- The proportionality principle
- The restraint principle (Correct answer)
- The parity principle
Correct answer: The restraint principle
The restraint principle (also called the principle of restraint or parsimony) directs courts to impose the least severe sentence capable of achieving the purposes of sentencing.
Question 6: Which Canadian legislation governs the rights, treatment, and release of offenders in federal correctional institutions?
- The Youth Criminal Justice Act
- The Prisons and Reformatories Act
- The Corrections and Conditional Release Act (Correct answer)
- The Safe Streets and Communities Act
Correct answer: The Corrections and Conditional Release Act
The Corrections and Conditional Release Act (CCRA) governs the Correctional Service of Canada, the Parole Board of Canada, and the conditional release of federal offenders.
Question 7: What right does s. 10(b) of the Charter guarantee to a person upon arrest or detention?
- The right to remain silent
- The right to retain and instruct counsel without delay (Correct answer)
- The right to a speedy trial
- The right to bail
Correct answer: The right to retain and instruct counsel without delay
Section 10(b) of the Charter guarantees that everyone has the right to retain and instruct counsel without delay and to be informed of that right upon arrest or detention.
JIBC Canadian Criminal Justice System 4
What is the maximum sentence for a summary conviction offence in Canada following amendments to the Criminal Code?