Canadian Law

Front 1

The charter proctects and guarantees what?

Back 1

Protects canadian people, guarantees canadians rights & freedoms.

Front 2

Which section is the Limitations Claus found in the Charter? What is it?

Back 2

Section 1; all freedoms & rights guaranteed by the Charter do have limits, set by judges through court hearings

Front 3

What is Section 2 of the Charter?

Back 3

Guaranteed Freedoms. Freedom of religion, expression, the press, association

Front 4

What is section 7 of the Charter?

Back 4

Security Claus. Provides the right to life, liberty, and the security of the person.

Front 5

Which section is the Equality Claus in the Charter? What does it guarantee?

Back 5

Section 15. No Canadian can be discriminated against. Gov'ts may discriminate for the purpose of affirmitive action.

Front 6

Who was Mr. Dhillon?

Back 6

Sikh prison guard, who wishes to be an RCMP. Gets expelled b/c he refuses to wear the hat because of his turban.

Front 7

40-yr old woman who is diagnosed with ALS, wishes to die peacefully. Which case was this?

Back 7

The Rodriguez Case, this intervened with section 241 of the CCC.

Front 8

What is the Mater Case?

Back 8

Motorist in Alberta who refuses to wear a seatbelt because he does not believe in seat belts.

Front 9

What are the Fundamental Freedoms?

Back 9

a) freedom of conscience and religion
b) thought belief, opinion and expression
c) peaceful assembly
d) association

Front 10

What are democratic rights?

Back 10

Every Canadian citizen has the right to vote in an election of members of the HoC or of a legislative assembly and to be qualified for membership therein.

Front 11

What are the responsibilities of the Ontario Court of Justice?

Back 11

deals with anything from family to criminal cases

Front 12

What is the purpose of Public Law?

Back 12

a punishment

Front 13

What is the purpose of Private/Civil Law?

Back 13

a compensation

Front 14

Actus Reus + Mens Rea = _________?

Back 14

A crime

Front 15

Accessories After The Fact

Back 15

anyone who receives, comforts or assists after the crime is committed

Front 16

What offences were dropped from the CCC?

Back 16

homosexual acts, abortion, death sentences

Front 17

What offences were added to the CCC?

Back 17

10 yrs sentence to the YCJA

Front 18

What is a summary offence?

Back 18

less serious offences, punishment (ex. drug possession, j-walking, littering, loitering, truancy)

Front 19

Indictable Offence

Back 19

very serious offences, prison (ex. murder, rape, impaired riving, manslaughter)

Front 20

Hybrid Offences

Back 20

can be either summary or indictable, crowns decision

Front 21

CCC = section > _______ > desc. > max punisment

Back 21

number

Front 22

What section is murder located in the CCC?

Back 22

section 231/232

Front 23

1st Degree Murder

Back 23

planned and deliberate

Front 24

Manslaughter

Back 24

head of passion/rage occasioned by a sudden provocation to cause someone to lose control

Front 25

Punishment for 1st degree murder?

Back 25

imprisonment for life, eligible for parole after 25 years , criminal record for life

Front 26

2nd Degree Murder

Back 26

in between 1st degree and manslaughter, still intentional

Front 27

Does committing any type of murder go on your criminal record for life?

Back 27

Yes

Front 28

Types of Homicide

Back 28

Culpable and Non-Culpable

Front 29

Culpable Homicide

Back 29

Murder, Manslaughter, and Infantcide

Front 30

Non-Culpable Homicide

Back 30

accident or self-defense

Front 31

Infantcide

Back 31

killing of newborn by his/her mother

Front 32

Max. punishment for infantcide?

Back 32

5 years

Front 33

Section 222 of the CCC?

Back 33

Homicide, a person who causes the death of any person no matter what the reason

Front 34

Justifiable Homicide

Back 34

authorized or ordered by the law, valid reasoning for committing the homicide

Front 35

Excusable Homicide

Back 35

self-defense or others under ones protection, defence of property

Front 36

Unlawful Act

Back 36

actions which are dangerous, likely to harm a person & ultimately cause the death of a person

Front 37

Criminal Negligence (involuntary manslaughter)

Back 37

Death caused by reckless action; threats, fear of violence or deception. Frightening a child or the sick.

Front 38

Assault

Back 38

intentional or threatened application of force w/o consent

Front 39

Aggravated Assault

Back 39

wounds, maims, disfigures or endagers the life of the victim, the mens rea is the foresight of bodily harm

Front 40

Sexual Assault

Back 40

sexual touching w/o consent (ex. rape)

Front 41

Kidnapping

Back 41

the seizure and carrying away of a person agains person's will

Front 42

Abduction

Back 42

taking of an unmarried person under the age of 16 y/o, from the possession of their guardian, with the intention to deprive

Front 43

consent by the child is no defence to ___________

Back 43

abduction

Front 44

Theft

Back 44

intentionally depriving an owner of anything for an indefinite amount of time

Front 45

Colour of Right

Back 45

person who takes an item and believes they have the right to it, no intent to steal

Front 46

Robbery

Back 46

theft w/ violence or possibility of violence

Front 47

Which section of the CCC defines robbery?

Back 47

343

Front 48

violence in a robbery doesn't have to be _______________

Back 48

severe or cause an injury

Front 49

max. penalty for robbery?

Back 49

life imprisonment

Front 50

Indictable theft under $5000 has a max of _________

Back 50

2 yrs

Front 51

Summery theft under $5000 has a max of __________

Back 51

6 months