LSO Barrister Criminal Procedure 1 — Questions and Answers
Question 1: Under the Canadian Charter of Rights and Freedoms, which section protects against unreasonable search and seizure?
- Section 7
- Section 8 (Correct answer)
- Section 9
- Section 10
Correct answer: Section 8
Section 8 of the Charter protects everyone from unreasonable search or seizure and is central to exclusion of evidence arguments.
Question 2: Under section 9 of the Charter, what right does an accused person have upon arrest?
- Right to remain silent
- Right not to be arbitrarily detained (Correct answer)
- Right to bail
- Right to a speedy trial
Correct answer: Right not to be arbitrarily detained
Section 9 guarantees the right not to be arbitrarily detained or imprisoned, requiring lawful authority for any detention.
Question 3: Under section 10(b) of the Charter, a detained person must be informed of their right to:
- A jury trial
- Retain and instruct counsel without delay (Correct answer)
- Remain silent for 24 hours
- Have a family member present
Correct answer: Retain and instruct counsel without delay
Section 10(b) requires that upon detention, a person be informed of and given the opportunity to exercise the right to retain and instruct counsel without delay.
Question 4: In Ontario, which court has jurisdiction to try indictable offences where the maximum penalty exceeds 14 years imprisonment?
- Ontario Court of Justice
- Superior Court of Justice (Correct answer)
- Court of Appeal for Ontario
- Divisional Court
Correct answer: Superior Court of Justice
The Superior Court of Justice has exclusive jurisdiction over the most serious indictable offences including murder, treason, and offences carrying maximum penalties exceeding 14 years.
Question 5: Under the Criminal Code of Canada, what is the maximum sentence for which an accused is entitled to a preliminary inquiry?
- 5 years
- 10 years
- 14 years (Correct answer)
- Life imprisonment
Correct answer: 14 years
After 2019 amendments to the Criminal Code, preliminary inquiries are only available for offences punishable by 14 years or more imprisonment.
Question 6: Under section 24(2) of the Charter, evidence obtained in violation of Charter rights shall be excluded when:
- Any Charter right was breached
- Admission would bring the administration of justice into disrepute (Correct answer)
- The breach was intentional
- The evidence is unreliable
Correct answer: Admission would bring the administration of justice into disrepute
Section 24(2) requires a court to exclude evidence if, having regard to all circumstances, its admission would bring the administration of justice into disrepute.
LSO Barrister Criminal Procedure 1
Under the Canadian Charter of Rights and Freedoms, which section protects against unreasonable search and seizure?