249954
Description
Flashcards by shonabethluke-xx, updated more than 1 year ago
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Created by shonabethluke-xx
over 10 years ago
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| Question | Answer |
| Federal Role In Government | Enact the Law The federal government actually makes the law and determines what is considered a crime |
| Police Role in Law | "The Gate Keepers" First point of entry into the criminal justice system Decide whether someone should be charged based on gathered evidence. |
| Crown Attorney | Prosecute Crime -put forward evidence to try and support a conviction |
| Court and Judges | vender a verdict interpret the legislation Can strike down unconstitutional legislation and decide a law is unjust decide appeals review decissions |
| common law tradition | Judges have the right to interpret, question and challenge the law |
| Provincial Court of Justice | provincial court lower level criminal cases entry point for all criminal charges vast majority of crimes solved in this court |
| Superior Court of Justice | only court with a JURY more serious than provincial courts can sit as an appeal for provincial courts |
| Court of Appeal | hears appeals in indictable matter (more serious) decisions must be followed in all lower courts |
| SCC (Supreme Court of Canada) | Decisions are binding on all judges in the country Choose the cases they hear NATIONAL IMPORTANCE |
| Minor Offence | (6 months of custody) Tried in provincial court ex. harassing phone calls, possession of a weapon |
| Indictable Offences | MOST SERIOUS murder, caused explosion, importing/exporting weapons |
| Test for infringing Rights | (1) pressing and substantial objective (2) rational connection (3) minimum impairment (4) proportionality between effects and objective |
| Criminal Law Deals With | Public Peace - Order - Security - Health - Morality |
| Frey v. Fedoruk | Peeping in windows - Fedoruk preformed citizen arrest - false imprisiment |
| False Imprisiment | An unauthorized or wrongful restraint of freedom - does not have to involve actual imprisonment |
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