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CRIMFINALW5
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Questions in this quiz (11)
1According to R v Seaboyer, section 276 of the Code was found to violate section 7 and 11(d) because:
- AIt did not violate these sections
- BIt was held by the Court that it only violated section 11(d) and not section 7
- CIt allowed the complainant to disclose information about their sexual history
- DIt excluded relevant evidence which violated the accused's ability to make full answer and defence
2According to R v O Connor, once the two prong test is met, records will be:
- Aadmissible
- Bproduced for defence counsel
- Cboth
3According to R v O'Connor, disclosed records will be disclosed in their entirety
- ATrue
- BFalse
4According to R v O Connor, third party records can be disclosed
- AYes
- BNo
- CYes but they must meet two requirements first
5The two prong test in O'Connor states that 1) __________ party records 2) ____ be disclosed if: the 3) ________ establishes they are likely to be relevant without seeing them and, the judge reviews them and decides based on balancing 4) the right to ____________ and the right to 5) _________________
- A1) Third party 2) can 3) applicant 4) full answer and defence 5) privacy
- B1) Third party 2) cannot 3) judge 4) life, liberty and security 5) privacy
- C1) First party 2) can 3) applicant 4) full answer and defence 5) privacy
- D1) First party 2) cannot 3) judge 4) life, liberty and security 5) privacy
6The O'Connor regime for disclosing of third party records is used first and then if it does not apply, the provisions of 278 in the Code are used.
- ATrue
- BFalse
7If a records falls within the definition of section 278 of the Code the full section (278.1 - 278.9(7)) must be met
- ATrue
- BFalse
8Medical records have class privilege similar to solicitor-client privilege
- ATrue
- BFalse
9There is no difference between First Party records and Third party records because both are produced by police
- ATrue
- BFalse
10Why was section 278 found to be constitutional in R v Mills?
- AIt was only found constitutional in part because third party records are necessary in sexual assault cases
- BAllowed the judge enough discretion to balance the accused's right to life, liberty and security with the complainant's right to silence
- CIt was found unconstitutional
- DAllowed the judge enough discretion to balance the accused's right to full answer and defence with the complainant's right to privacy
11Why did the court uphold the section 276 provisions in R v Darrach?
- AThe accused could not prove the defence mistake of fact
- BThe majority of the court found this provision necessary to uphold Charter rights
- CRequiring the complainant to testify would be unnecessarily invasive and would discourage victims from reporting incidents
- DThe accused met the requirements of a sexual assault with the actus reus and the mens rea
Information
- Description
- Quiz on CRIMFINALW5, created by Jules Dapula on 07/04/2019.
- Author
- Jules Dapula
- Language
- English
- Views
- 5
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