LSO Barrister Criminal Procedure 2 — Questions and Answers
Question 1: Under section 11(b) of the Charter, what is an accused's right regarding the timing of their trial?
- To be tried within 6 months
- To be tried within a reasonable time (Correct answer)
- To be tried within 12 months
- To be tried before a jury
Correct answer: To be tried within a reasonable time
Section 11(b) guarantees the right to be tried within a reasonable time, and the Jordan framework sets presumptive ceilings for delay.
Question 2: What is the standard of proof required for a criminal conviction in Canada?
- Balance of probabilities
- Clear and convincing evidence
- Proof beyond a reasonable doubt (Correct answer)
- Prima facie evidence
Correct answer: Proof beyond a reasonable doubt
The Crown must prove every element of the offence beyond a reasonable doubt, which is a higher standard than the civil balance of probabilities.
Question 3: In Ontario criminal proceedings, a 'Rowbotham application' is made when:
- An accused seeks to self-represent
- An accused seeks state-funded counsel because they cannot afford a lawyer and the case is too complex to self-represent (Correct answer)
- An accused seeks to change counsel
- An accused applies for Legal Aid
Correct answer: An accused seeks state-funded counsel because they cannot afford a lawyer and the case is too complex to self-represent
A Rowbotham application asks the court to order state-funded counsel where Legal Aid has been refused and the accused faces imprisonment in a complex case.
Question 4: Under the Criminal Code, what is a 'recognizance' in the bail context?
- A warrant for arrest
- A promise by the accused to appear with or without a surety (Correct answer)
- A form of imprisonment
- A peace bond
Correct answer: A promise by the accused to appear with or without a surety
A recognizance is a written undertaking by the accused (and surety if required) to appear in court and comply with conditions, on pain of forfeiture.
Question 5: Under section 276 of the Criminal Code (the 'rape shield' provision), evidence of a complainant's prior sexual activity is:
- Always admissible
- Inadmissible unless the judge rules it relevant after a voir dire (Correct answer)
- Admissible only with the complainant's consent
- Admissible if raised by the defence at preliminary inquiry
Correct answer: Inadmissible unless the judge rules it relevant after a voir dire
Section 276 prohibits using sexual history evidence to infer consent or lack of credibility; admissibility requires a voir dire and judicial ruling on relevance.
Question 6: What Charter provision protects an accused against being tried twice for the same offence?
- Section 7
- Section 11(b)
- Section 11(h) (Correct answer)
- Section 15
Correct answer: Section 11(h)
Section 11(h) of the Charter protects against double jeopardy, guaranteeing that a person finally acquitted or convicted cannot be tried again for the same offence.
LSO Barrister Criminal Procedure 2
Under section 11(b) of the Charter, what is an accused's right regarding the timing of their trial?