Criminal Procedure Flashcards

In Ontario, what is the role of the Crown Attorney in criminal proceedings?

Answer: To represent the public interest and prosecute cases fairly and impartially

The Crown's duty is to act as a minister of justice, seeking convictions only where evidence warrants, and disclosing all relevant material to the defence.

Under the Stinchcombe disclosure obligations, the Crown must disclose to the defence:

Answer: All relevant information in its possession, whether inculpatory or exculpatory

R. v. Stinchcombe (1991) established that the Crown must disclose all relevant information in its possession, including information that may assist the defence.

Under section 718 of the Criminal Code, which of the following is NOT a stated purpose of sentencing?

Answer: Retribution against the victim

Retribution against the victim is not a sentencing objective; the purposes include denunciation, deterrence, separation, rehabilitation, reparation, and promoting responsibility.

What is a 'Gladue' consideration in Ontario sentencing?

Answer: Special factors courts must consider when sentencing Aboriginal offenders

Following R. v. Gladue (1999), courts must consider the unique systemic or background factors affecting Aboriginal offenders and Indigenous sentencing alternatives.

Under what circumstances can a peace bond under section 810 of the Criminal Code be issued?

Answer: Where a person fears on reasonable grounds that another will cause personal injury

A section 810 peace bond requires the applicant to show reasonable grounds to fear that the respondent will cause personal injury or damage property.

Under the Youth Criminal Justice Act, what is the general age range of a 'young person' subject to the Act?

Answer: 12 to 17 years

The YCJA defines a 'young person' as anyone between 12 and 17 years of age (inclusive) at the time of the alleged offence.