LSO Barrister Criminal Procedure

Question 1

Under the Canadian Charter of Rights and Freedoms, which section protects against unreasonable search and seizure?

Accepted Answer

Section 8

Answer

Section 7

Answer

Section 9

Answer

Section 10

Question 2

Under section 9 of the Charter, what right does an accused person have upon arrest?

Accepted Answer

Right not to be arbitrarily detained

Answer

Right to remain silent

Answer

Right to bail

Answer

Right to a speedy trial

Question 3

Under section 10(b) of the Charter, a detained person must be informed of their right to:

Accepted Answer

Retain and instruct counsel without delay

Answer

A jury trial

Answer

Remain silent for 24 hours

Answer

Have a family member present

Question 4

In Ontario, which court has jurisdiction to try indictable offences where the maximum penalty exceeds 14 years imprisonment?

Accepted Answer

Superior Court of Justice

Answer

Ontario Court of Justice

Answer

Court of Appeal for Ontario

Answer

Divisional Court

Question 5

Under the Criminal Code of Canada, what is the maximum sentence for which an accused is entitled to a preliminary inquiry?

Accepted Answer

14 years

Answer

5 years

Answer

10 years

Answer

Life imprisonment

Question 6

Under section 24(2) of the Charter, evidence obtained in violation of Charter rights shall be excluded when:

Accepted Answer

Admission would bring the administration of justice into disrepute

Answer

Any Charter right was breached

Answer

The breach was intentional

Answer

The evidence is unreliable