LSO Barrister Criminal Law Ontario 2

Question 1

What is a 'conditional sentence' (house arrest) under the Criminal Code, and what are the restrictions on its availability?

Accepted Answer

A conditional sentence allows an offender to serve their sentence in the community under strict conditions, but it is not available for offences punishable by a mandatory minimum, certain serious offences, or sentences exceeding 2 years less a day

Answer

It is available for all criminal offences

Answer

It is the same as probation

Answer

It requires the offender to live in a halfway house

Question 2

What is the role of the 'Ontario Review Board' in cases involving persons found Not Criminally Responsible (NCR)?

Accepted Answer

It holds annual hearings to review the disposition of NCR-accused persons, determining whether they should be detained in a hospital, conditionally discharged, or absolutely discharged

Answer

It conducts criminal trials for NCR-accused persons

Answer

It is a parole board for provincially sentenced offenders

Answer

It decides whether to lay criminal charges

Question 3

What are the key differences between the Youth Criminal Justice Act (YCJA) and the adult Criminal Code provisions?

Accepted Answer

The YCJA emphasizes rehabilitation, provides enhanced procedural protections, restricts pre-trial detention and incarceration, requires consideration of alternatives to custody, and provides publication bans on the identity of young persons

Answer

There are no differences — youth are treated the same as adults

Answer

The YCJA only applies to youth under 12

Answer

The YCJA allows for harsher penalties than the Criminal Code

Question 4

What is 'disclosure' in criminal proceedings and what are the Crown's obligations as established in R v Stinchcombe (1991)?

Accepted Answer

The Crown must disclose all relevant information in its possession or control to the defence, whether or not the Crown intends to rely on it, subject to privilege and public interest immunity

Answer

The Crown can choose what evidence to share with the defence

Answer

Disclosure only applies to physical evidence, not witness statements

Answer

The defence must request specific documents before the Crown has any obligation

Question 5

In Ontario, what is the impact of 'mandatory minimum sentences' and what constitutional challenges have they faced?

Accepted Answer

Mandatory minimum sentences have been challenged under section 12 of the Charter (cruel and unusual punishment) and several have been struck down when they result in grossly disproportionate sentences in reasonably foreseeable cases

Answer

Mandatory minimums have never been challenged

Answer

Mandatory minimums apply only to provincial offences

Answer

All mandatory minimum sentences have been upheld as constitutional

Question 6

What is a 'peace bond' under section 810 of the Criminal Code and how does it differ from criminal charges?

Accepted Answer

It is a preventive court order requiring a person to keep the peace and be of good behaviour for up to 12 months, imposed when there are reasonable grounds to fear injury or damage, without requiring a finding of guilt

Answer

It is a type of criminal conviction

Answer

It is the same as a restraining order under family law

Answer

It can only be imposed after a criminal conviction