LSO Barrister Criminal Law Ontario

Question 1

Under section 11(b) of the Charter, what are the presumptive ceilings for unreasonable delay established in R v Jordan (2016)?

Accepted Answer

18 months for cases in provincial court and 30 months for cases in superior court (or after a preliminary inquiry)

Answer

12 months for all courts

Answer

24 months for all indictable offences

Answer

6 months for summary offences and 12 months for indictable offences

Question 2

In Ontario, what is the role of the 'Crown pre-trial conference' in criminal proceedings?

Accepted Answer

It is a meeting between the Crown and defence to discuss disclosure, potential resolution, estimated trial time, and Charter issues, aimed at narrowing issues and promoting efficient case management

Answer

It is a trial before the actual trial

Answer

It is a hearing to determine bail conditions

Answer

It is a sentencing hearing held before the verdict

Question 3

What is the 'Gladue report' and when must it be ordered in Ontario?

Accepted Answer

A detailed report prepared for sentencing that examines the unique systemic and background factors of an Aboriginal offender, including the impact of colonialism, residential schools, and intergenerational trauma

Answer

A medical report on the accused's mental health

Answer

A pre-trial investigation report prepared by the Crown

Answer

A victim impact statement

Question 4

What is the test for granting bail (judicial interim release) under the Criminal Code in Ontario?

Accepted Answer

The accused is generally entitled to bail unless the Crown shows on a balance of probabilities that detention is justified under the primary (flight risk), secondary (public safety), or tertiary (public confidence) grounds

Answer

The accused must prove they are not guilty to be released

Answer

All accused persons must remain in custody until trial

Answer

Bail is only available for summary conviction offences

Question 5

What is the significance of R v Grant (2009) for the admissibility of evidence obtained in breach of Charter rights?

Accepted Answer

It established a three-part test for exclusion under section 24(2): seriousness of the Charter-infringing conduct, impact on the Charter-protected interests of the accused, and society's interest in adjudication on the merits

Answer

It established that all illegally obtained evidence must be excluded

Answer

It held that evidence obtained in breach of the Charter is always admissible

Answer

It only applies to physical evidence, not statements

Question 6

Under Ontario law, what are the differences between a direct indictment and a preliminary inquiry?

Accepted Answer

A preliminary inquiry is a hearing before a justice to determine if there is sufficient evidence to commit the accused to trial, while a direct indictment allows the Attorney General to bypass the preliminary inquiry and send the case directly to trial in Superior Court

Answer

There is no difference between them

Answer

A direct indictment is only used for summary conviction offences

Answer

A preliminary inquiry is conducted by a jury