Criminal Procedure Flashcards

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

Answer: Section 8

Section 8 of the Charter protects everyone from unreasonable search or seizure and is central to exclusion of evidence arguments.

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

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.

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

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.

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

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.

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

Answer: 14 years

After 2019 amendments to the Criminal Code, preliminary inquiries are only available for offences punishable by 14 years or more imprisonment.

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

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.