JIBC Canadian Criminal Justice System 5 — Questions and Answers
Question 1: What is 'restorative justice' in the context of the Canadian criminal justice system?
- A process that focuses solely on punishing the offender
- An approach that involves victims, offenders, and the community in repairing harm (Correct answer)
- A mandatory minimum sentencing framework
- A federal program for restoring offenders' voting rights
Correct answer: An approach that involves victims, offenders, and the community in repairing harm
Restorative justice is an approach that brings together victims, offenders, and community members to address the harm caused by crime and reach agreements on how to repair it.
Question 2: Under the Canadian criminal process, what happens at an 'arraignment'?
- The accused is arrested and fingerprinted
- The accused is formally read the charges and enters a plea (Correct answer)
- Bail conditions are set by a justice of the peace
- The Crown discloses its evidence to the defence
Correct answer: The accused is formally read the charges and enters a plea
At arraignment, the accused is formally brought before the court, the charge(s) are read aloud, and the accused is asked to enter a plea of guilty or not guilty.
Question 3: Which doctrine allows a court to exclude evidence obtained in violation of the Charter under s. 24(2)?
- The exclusionary rule
- The fruit of the poisonous tree doctrine
- The abuse of process doctrine
- The Charter remedy provision (Correct answer)
Correct answer: The Charter remedy provision
Section 24(2) of the Charter provides the remedy of excluding evidence obtained through Charter violations if admitting it would bring the administration of justice into disrepute.
Question 4: What is 'absolute liability' in Canadian criminal law?
- Liability requiring proof of both actus reus and mens rea
- Liability where the Crown must prove the accused intended the harm
- Liability that attaches upon proof of the prohibited act alone, regardless of fault (Correct answer)
- Liability shared equally between multiple accused persons
Correct answer: Liability that attaches upon proof of the prohibited act alone, regardless of fault
Absolute liability offences impose criminal or regulatory liability solely on proof of the prohibited act, with no requirement to prove intent, knowledge, or negligence.
Question 5: In Canada, which term describes the hearing where a judge decides whether an accused charged with a serious offence will be tried by judge alone or judge and jury?
- Arraignment
- Mode of trial election (Correct answer)
- Voir dire
- Preliminary inquiry
Correct answer: Mode of trial election
The mode of trial election is the process under the Criminal Code where an accused charged with a serious indictable offence chooses between trial by judge alone or trial by judge and jury.
Question 6: What is a 'recognizance' in the Canadian bail system?
- A written police warning issued instead of arrest
- A written promise by the accused to appear in court, sometimes with financial conditions (Correct answer)
- A court order detaining the accused until trial
- A victim impact statement read at sentencing
Correct answer: A written promise by the accused to appear in court, sometimes with financial conditions
A recognizance is a legal commitment by the accused to appear in court and comply with specified conditions, and may require a deposit of money as a surety.
Question 7: Which federal statute governs how young persons aged 12 to 17 are dealt with in the Canadian criminal justice system?
- The Young Offenders Act
- The Youth Criminal Justice Act (Correct answer)
- The Juvenile Delinquents Act
- The Child, Youth and Family Enhancement Act
Correct answer: The Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA), in force since 2003, governs the criminal justice system for young persons aged 12 to 17 and emphasizes rehabilitation, reintegration, and meaningful consequences.
JIBC Canadian Criminal Justice System 5
What is 'restorative justice' in the context of the Canadian criminal justice system?