LSO Barrister Criminal Procedure 2

Question 1

Under section 11(b) of the Charter, what is an accused's right regarding the timing of their trial?

Accepted Answer

To be tried within a reasonable time

Answer

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?

Accepted Answer

Proof beyond a reasonable doubt

Answer

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:

Accepted Answer

An accused seeks state-funded counsel because they cannot afford a lawyer and the case is too complex to self-represent

Answer

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?

Accepted Answer

A promise by the accused to appear with or without a surety

Answer

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:

Accepted Answer

Inadmissible unless the judge rules it relevant after a voir dire

Answer

Section 276 prohibits using sexual history evidence to infer consent or lack of credibility; admissibility requires a voir dire and judicial ruling on relevance.

Ontario Bar Barrister Practice Test

Ontario Bar Barrister Practice Test

LSO Barrister Criminal Procedure 2