Criminal Procedure Flashcards

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

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.

What is the standard of proof required for a criminal conviction in Canada?

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.

In Ontario criminal proceedings, a 'Rowbotham application' is made when:

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.

Under the Criminal Code, what is a 'recognizance' in the bail context?

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.

Under section 276 of the Criminal Code (the 'rape shield' provision), evidence of a complainant's prior sexual activity is:

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.

What Charter provision protects an accused against being tried twice for the same offence?

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.