Fed Flashcards

(45 cards)

1
Q

Canadian Charter of Rights and Freedoms; Under Section 1 of the Charter, what is permitted in relation to rights and freedoms?

A

Section 1 allows rights and freedoms to be subject to reasonable limits that can be demonstrably justified in a free and democratic society.

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2
Q

Canadian Charter of Rights and Freedoms;Under Section 7 of the Charter what fundamental protections are guaranteed?;

A

Section 7 guarantees the right to life

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3
Q

Canadian Charter of Rights and Freedoms;Under Section 8 of the Charter what right is protected?;

A

Section 8 protects the right to be secure against unreasonable search and seizure.

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4
Q

Canadian Charter of Rights and Freedoms;Under Section 9 of the Charter what right is protected?;

A

Section 9 protects the right not to be arbitrarily detained or imprisoned.

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5
Q

Canadian Charter of Rights and Freedoms;Under Section 10(a) of the Charter what must be provided to a person upon arrest or detention?;

A

Under Section 10(a)

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6
Q

Canadian Charter of Rights and Freedoms;Under Section 10(b) of the Charter what right is guaranteed to a detained person?;

A

Under Section 10(b)

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7
Q

Canadian Charter of Rights and Freedoms;Under Section 12 of the Charter what protection is provided?;

A

Section 12 protects against cruel and unusual treatment or punishment.

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8
Q

Canadian Charter of Rights and Freedoms;Under Section 24(1) of the Charter what remedy is available for infringements?;

A

Section 24(1) permits anyone whose Charter rights have been infringed to apply to a court for an appropriate and just remedy.

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9
Q

Canadian Charter of Rights and Freedoms;Under Section 24(2) of the Charter what can a court do with evidence obtained in violation of the Charter?;

A

Section 24(2) allows a court to exclude evidence that was obtained in a manner that infringed the Charter if its admission would bring the administration of justice into disrepute.

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10
Q

Criminal Code of Canada;Under Section 25 of the Criminal Code when may a person acting under legal authority use force?;

A

Section 25 permits a person who is required or authorized by law to do anything to use as much force as is necessary for that purpose.

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11
Q

Criminal Code of Canada;What does Section 26 of the Criminal Code address regarding force?

A

;Section 26 addresses the defence of lawful arrest and the use of force in effecting a lawful arrest.

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12
Q

Criminal Code of Canada;Under Section 27 of the Criminal Code how is defence of a third person treated?;

A

Section 27 allows for the use of force to defend a third party on similar terms as self-defence where reasonable in the circumstances.

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13
Q

Criminal Code of Canada;Under Section 129 of the Criminal Code what is the offence of obstructing a peace officer?;

A

Section 129 makes it an offence to willfully obstruct or resist a peace officer in the execution of their duty.

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14
Q

Criminal Code of Canada;Under Section 117 of the Criminal Code what does bribery of a judicial officer involve?;

A

Section 117 involves offering

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15
Q

Criminal Code of Canada;What general elements must be proven for a Criminal Code offence?;

A

The general elements are the actus reus which is the physical act or omission

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16
Q

Criminal Code of Canada;Under Section 172 of the Criminal Code what does unlawful assembly and riot relate to?;

A

Section 172 covers offences related to unlawful assemblies and riots that disturb the public peace.

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17
Q

Criminal Code of Canada;Under Section 215 of the Criminal Code what duty does a person have towards dependants?;

A

Section 215 imposes a duty on persons to provide the necessaries of life to their dependants and makes failure to do so an offence under certain circumstances.

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18
Q

Criminal Code of Canada;Under Section 219 of the Criminal Code what does causing death by criminal negligence involve?;

A

Section 219 involves conduct where a person shows wanton or reckless disregard for the lives or safety of others and causes death as a result.

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19
Q

Criminal Code of Canada;Under Section 220 of the Criminal Code what does causing bodily harm by criminal negligence involve?

A

;Section 220 involves conduct showing wanton or reckless disregard for the safety of others that results in bodily harm.

20
Q

Criminal Code of Canada;Under Section 264 of the Criminal Code what constitutes criminal harassment?;

A

Section 264 defines criminal harassment as engaging in conduct such as repeatedly following

21
Q

Criminal Code of Canada;Under Section 270 of the Criminal Code what is the offence of assaulting a peace officer?;

A

Section 270 makes it an offence to assault

22
Q

Criminal Code of Canada;What do Sections 320 to 349 of the Criminal Code primarily address?

A

;Sections 320 to 349 primarily address sexual offences including sexual assault and related offences involving consent and protections for vulnerable persons.

23
Q

Criminal Code of Canada;What types of offences are covered in Sections 430 to 467 of the Criminal Code?;

A

Sections 430 to 467 cover property-related offences such as robbery theft

24
Q

Criminal Code of Canada;What does the concept of ‘aggravated’ versus ‘basic’ offences signify in the Criminal Code?

A

;An aggravated offence refers to a more serious form of the offence that causes greater harm or involves more culpable conduct and it carries higher penalties than the basic form.

25
Criminal Code of Canada;Under the Criminal Code what is an attempt to commit an offence?;
An attempt involves an intent to commit an offence and an act or omission that goes beyond mere preparation but falls short of completing the offence.
26
Criminal Code of Canada;How does the Criminal Code treat parties to an offence (e.g.
aider
27
Criminal Code of Canada;Under Criminal Code procedures what is the purpose of a disclosure by the Crown?;
Crown disclosure ensures that the defence receives relevant information and evidence to make the trial fair
28
Criminal Code of Canada;What is the significance of judicial interim release (bail) under the Criminal Code?;
Judicial interim release balances the presumption of innocence with public safety and ensures the accused appears for trial subject to conditions that protect the public.
29
Controlled Drugs and Substances Act;Under Section 4 of the CDSA what general approach does the Act take to controlled substances?;
Section 4 establishes the framework of prohibitions and controls governing the possession
30
Controlled Drugs and Substances Act;Under Section 5 of the CDSA how does the Act classify substances?;
Section 5 enables classification of substances into schedules which determine the level of control and applicable offences for those substances.
31
Controlled Drugs and Substances Act;Under Section 7 of the CDSA what activities are prohibited?;
Section 7 prohibits activities such as producing
32
Controlled Drugs and Substances Act;Under Section 8 of the CDSA what law enforcement powers are provided?;
Section 8 provides powers for enforcement operations
33
Controlled Drugs and Substances Act;Under Section 11 of the CDSA what does the Act permit regarding search and seizure?;
Section 11 grants authorities the power to search premises and seize controlled substances and related property in accordance with law
34
Controlled Drugs and Substances Act;Under Section 55 of the CDSA what does the Act authorize?;
Section 55 authorizes the making of regulations to support the administration and enforcement of the CDSA.
35
Controlled Drugs and Substances Act;How does the CDSA distinguish between simple possession and possession for the purpose of trafficking?;
The CDSA distinguishes these by considering indicators such as quantity packaging
36
Controlled Drugs and Substances Act;What remedies or consequences does the CDSA include for forfeiture?;
The CDSA and related statutes allow for forfeiture and disposal of property used in the commission of drug offences subject to legal processes.
37
Controlled Drugs and Substances Act;When is a warrant generally required under the CDSA for search and seizure?;
A warrant is generally required when entering a dwelling-house or where privacy expectations are high unless exigent circumstances justify warrantless entry.
38
Federal Cannabis Act;Under Section 8 of the Federal Cannabis Act what general governance does the Act provide?;
Section 8 and related provisions set out the framework for the production
39
Federal Cannabis Act;What are the typical federal possession limits under the Federal Cannabis Act for individuals?;
Under the Federal Cannabis Act an adult may possess up to a specified amount of dried cannabis or its equivalent in public
40
Federal Cannabis Act;How does the Federal Cannabis Act address cultivation of cannabis for personal use?;
The Federal Cannabis Act permits a limited number of cannabis plants for personal cultivation by adults subject to restrictions and provincial rules that may further limit cultivation.
41
Federal Cannabis Act;What does the Federal Cannabis Act say about selling cannabis without authorization?;
The Federal Cannabis Act prohibits selling cannabis without authorization from the appropriate licensing authority and establishes offences for unauthorized sale or distribution.
42
Federal Cannabis Act;How do federal cannabis rules interact with provincial regulations?;
Federal rules set minimum standards and offences while provinces may enact additional rules and restrictions regarding age limits
43
Federal Acts - Enforcement & Charter Interaction;How must police ensure searches and seizures under federal statutes comply with the Charter?;
Police must ensure that searches and seizures conducted under federal statutes are authorized by law and carried out in a reasonable manner consistent with Section 8 of the Charter to avoid Charter breaches.
44
Federal Acts - Arrest & Detention;What Charter considerations must be observed when arresting a person under a federal statute?;
When arresting a person under a federal statute police must respect Sections 9 and 10 of the Charter by avoiding arbitrary detention and by informing the person of the reasons and their right to counsel without delay.
45
Federal Acts - Evidence Admissibility;How does a Charter breach impact admissibility of evidence seized under federal statutes?;
A Charter breach can lead to the exclusion of evidence under Section 24(2) if admitting the evidence would bring the administration of justice into disrepute weighing seriousness of the breach and the societal interest in adjudication of the case.