LSO Barrister Criminal Law Ontario 2 — Questions and Answers
Question 1: What is a 'conditional sentence' (house arrest) under the Criminal Code, and what are the restrictions on its availability?
- It is available for all criminal offences
- 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 (Correct answer)
- It is the same as probation
- It requires the offender to live in a halfway house
Correct 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
A conditional sentence (s.742.1) allows a jail sentence of less than 2 years to be served in the community under strict conditions (often including house arrest). Prerequisites: the sentence must be less than 2 years, the offence must not be punishable by a mandatory minimum, the offence must not be on the excluded list (terrorism, serious personal injury offences, etc.), and the court must be satisfied that serving the sentence in the community would not endanger public safety.
Question 2: What is the role of the 'Ontario Review Board' in cases involving persons found Not Criminally Responsible (NCR)?
- It conducts criminal trials for NCR-accused persons
- 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 (Correct answer)
- It is a parole board for provincially sentenced offenders
- It decides whether to lay criminal charges
Correct 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
The Ontario Review Board conducts annual reviews of all persons found NCR or unfit to stand trial. It must consider the safety of the public, the mental condition of the accused, their reintegration into society, and their other needs. Dispositions include: absolute discharge (if the person does not pose a significant threat), conditional discharge (community supervision with conditions), or detention in a hospital. The least restrictive disposition must be imposed.
Question 3: What are the key differences between the Youth Criminal Justice Act (YCJA) and the adult Criminal Code provisions?
- There are no differences — youth are treated the same as adults
- 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 (Correct answer)
- The YCJA only applies to youth under 12
- The YCJA allows for harsher penalties than the Criminal Code
Correct 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
The YCJA (applies to youth 12-17 at the time of offence) reflects distinct principles: rehabilitation and reintegration as primary goals, proportionality to the offence and the youth's degree of responsibility, procedural protections (right to counsel, parental notice), restrictions on custody (reserved for violent or repeat offenders), extrajudicial measures for minor offences, and publication bans. Youth sentences are generally shorter than adult sentences.
Question 4: What is 'disclosure' in criminal proceedings and what are the Crown's obligations as established in R v Stinchcombe (1991)?
- The Crown can choose what evidence to share with the defence
- 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 (Correct answer)
- Disclosure only applies to physical evidence, not witness statements
- The defence must request specific documents before the Crown has any obligation
Correct 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
R v Stinchcombe (1991) established the Crown's constitutional obligation to disclose all relevant information to the defence. The obligation is broad: it covers all material, including statements, documents, expert reports, and evidence favourable to the accused (exculpatory evidence). The only limits are relevance, privilege, and public interest immunity. The Crown cannot suppress evidence. Non-disclosure can result in a stay of proceedings.
Question 5: In Ontario, what is the impact of 'mandatory minimum sentences' and what constitutional challenges have they faced?
- Mandatory minimums have never been challenged
- 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 (Correct answer)
- Mandatory minimums apply only to provincial offences
- All mandatory minimum sentences have been upheld as constitutional
Correct 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
Several mandatory minimum sentences have been struck down under section 12 of the Charter. The SCC test (R v Nur, 2015) asks whether the minimum sentence would be grossly disproportionate in reasonably foreseeable cases — not just the case before the court. Struck-down minimums include some firearm offences (R v Nur) and sexual offences (R v Lloyd). The debate continues between Parliament's desire for denunciation and the judiciary's protection of proportionality.
Question 6: What is a 'peace bond' under section 810 of the Criminal Code and how does it differ from criminal charges?
- It is a type of criminal conviction
- 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 (Correct answer)
- It is the same as a restraining order under family law
- It can only be imposed after a criminal conviction
Correct 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
A section 810 peace bond is a preventive measure, not a criminal charge or conviction. Anyone who fears on reasonable grounds that another person will cause personal injury or damage to property can lay an information before a justice. If the justice is satisfied, a recognizance (peace bond) is entered with conditions for up to 12 months. Breach of a peace bond is a criminal offence. Specialized peace bonds exist for criminal organization offences (s.810.01), terrorism (s.810.011), and sexual offences (s.810.1).
LSO Barrister Criminal Law Ontario 2
What is a 'conditional sentence' (house arrest) under the Criminal Code, and what are the restrictions on its availability?