Deck 8: Pretrial Criminal Procedure

Question 1

Lucia is attending a preliminary hearing on charges brought against her for a robbery in the Toronto area. The judge, however, does not feel the evidence is convincing enough so she stops the proceedings against Lucia. How will Lucia's case be found?

A)discharged at preliminary
B)distinguished at preliminary
C)settled at preliminary
D)excused at preliminary

Answer 1

A

Question 2

If an accused is charged with a s. 469 crime (e.g., murder), who decides whether or not to order the accused into a detention facility?

A)police officer
B)Superior Court justice
C)justice of the police
D)Provincial Court judge

Answer 2

B

Question 3

In which process is a suspect issued a citation to appear in court at a later date, thereby bypassing the cost of pretrial detention?

A)initial appearance
B)station house release
C)release on recognizance
D)surety

Answer 3

B

Question 4

In which model of legal aid do recipients receive a certificate and are allowed to select their own lawyer?

A)judicare
B)staff
C)public defender
D)mixed

Question 5

What model of legal aid has "unbundled" its services?

A)the judicare model
B)the self-help model
C)the public defender model
D)the staff system model

Question 6

When an accused is prosecuted, convicted, or sentenced, for justice to be achieved it must be delivered in accordance with rules and principles that express which of the following?

A)values of authority, acceptability, and objectivity
B)values of certainty, appropriateness, and neutrality
C)values of legality, legitimacy, and fairness
D)values of certitude, pertinence, and impartiality

Question 7

Which of the following is a benefit of the judicare model of legal aid?

A)better representation
B)the fact that the numerous lawyers involved are salaried
C)better service in rural areas
D)greater efficiency because it is centralized

Question 8

In what case did the Supreme Court of Canada rule that a detained person has a reasonable opportunity to exercise the right to obtain and instruct counsel?
D) (F.)

A)R. v.
B)R. v. L. (W.K.)
C)R. v. Brydges
D)R. v. Collins

Question 9

In what legal aid model are providers able to assist more people by giving legal advice and representation at various stages of the criminal process?

A)the legal care model
B)the self-help model
C)the public defender model
D)the facilitative model

Question 10

When was the operation of the bail system changed in Canada?

A)1965
B)1970
C)1972
D)1976

Question 11

Which province or territory was the first to provide a legal aid system?

A)Ontario
B)Quebec
C)Manitoba
D)Saskatchewan

Question 12

Which term refers to an individual who chooses to monitor the accused until the trial?

A)surety
B)bondsman
C)officer in charge
D)judicial interim hearing

Question 13

Which of the following is NOT considered part of the social structure of a case?

A)the seriousness of the offence
B)the accountability of the offender
C)the organization pressure to win cases
D)the decision to charge

Question 14

Marc has been accused of an offence but is showing signs of mental health issues. Since the mental health issues are in question, the court will order a psychiatric examination. This scenario is an example of which type of hearing?

A)not criminally responsible hearing
B)fitness hearing
C)mental illness hearing
D)capability hearing

Question 15

In which type of offence is the defence eligible to elect the mode of trial?

A)summary conviction offence
B)Criminal Code s. 469 offence
C)Criminal Code s. 553 offence
D)indictable offence

Question 16

What legal aid model involves lawyers who are, in effect, employees of the provincial government?

A)the public defender model
B)the staff system
C)the public sector model
D)judicare

Question 17

In the 1960s, what percentage of individuals arrested were held in custody prior to their first court appearance?

A)80 percent
B)85 percent
C)90 percent
D)95 percent

Question 18

Wei is arrested without a warrant and the police discover that she actually does not live in the province where she has been arrested. The police may require a deposit of money before they release her. This deposit would be not more than which of the following amounts?

A)$500
B)$600
C)$700
D)$800

Question 19

What section of the Charter of Rights and Freedoms states that Canadians have the right to retain counsel without delay for criminal cases?

A)s. 7
B)s. 10(b)
C)s. 11(a)
D)s. 12

Question 20

What is the judicare model of legal aid also known as?

A)the staff system
B)the duty counsel system
C)the public defender model
D)the self-help model

Question 21

What case processing model involves prosecutors charging almost all of the accused after they receive the case from the police?

A)unit
B)transfer
C)police-directed
D)legal sufficiency

Question 22

What type of plea bargaining involves a promise by the Crown prosecutor to proceed summarily rather than by way of indictment?

A)sentence
B)charge
C)credible
D)fact

Question 23

What model of prosecutor case processing provides prosecutors with little specific policy?

A)trial sufficiency
B)legal sufficiency
C)defendant rehabilitation
D)unit sufficiency

Question 24

In R. v. Stinchcombe, certain information was not given until after the preliminary inquiry. What was that key information?

A)crime photographs
B)hidden videos
C)taped statement
D)fingerprint evidence

Question 25

What is the most important factor in making a decision about whether or not to prosecute?

A)the prosecutor's belief in the guilt of the accused
B)the priority of the case
C)whether there is sufficient evidence for a conviction
D)the credibility of the witnesses

Question 26

Which of the following is a s. 553 offence?

A)keeping a game or betting house
B)bribery by the holder of a judicial office
C)murder
D)treason

Question 27

In which of the following does competent and informed counsel discuss the evidence in a criminal prosecution in an attempt to attain a disposition that will result in the reasonable advancement of the administration of justice?

A)an absolute indictment
B)a stay of proceedings
C)a plea bargain
D)a bail hearing

Question 28

In whose wrongful conviction case did the lack of principles governing disclosure emerge?

A)David Milgaard
B)Donald Marshall
C)Thomas Sophonow
D)William Mullins-Johnson

Question 29

Which of the following refers to the duty imposed upon the prosecution to give all evidence he/she will use in the trial to the defence?

A)disclosure
B)detention
C)equality
D)the right to make full answer and defence

Question 30

In which of the following cases did the guidelines for disclosure emerge through a decision by the Supreme Court of Canada?

A)R. v. Stinchcombe
B)R. v. Sophonow
C)R. v. Marshall
D)R. v. Milgaard

Question 31

Which of the following is an example of a s. 469 offence?

A)treason
B)placing bets
C)theft, other than the theft of cattle
D)defrauding the public, or any person, of any item

Question 32

Which of the following is NOT a main factor why the prosecutor would proceed with a case?

A)sufficient evidence for a conviction
B)case priority
C)nature of the witness
D)guilt of the accused

Question 33

Gina is a resident of Quebec and needs legal aid in her province. What system would she be required to use?

A)judicare system
B)public defender system
C)the staff system
D)the mixed system

Question 34

Which of the following is NOT a reason why a defendant would be most likely to waive a preliminary inquiry?

A)the accused has decided to enter a plea of guilty
B)the accused wants to speed up the criminal justice process
C)the accused hopes to avoid the negative publicity
D)the accused does not have defence counsel

Question 35

In which case did the Supreme Court rule that police are now categorized under the Stinchcombe disclosure rules?

A)R. v. O'Connor
B)R. v. Marshall
C)R. v. Murray
D)R. v. McNeil

Question 36

In what model of prosecutor case processing are cases screened according to their legal elements?

A)organizational
B)system efficiency
C)legal sufficiency
D)resource

Question 37

In what model of prosecutor case processing are alternatives sought prior to the case going to court?

A)trial conviction
B)organizational
C)trial sufficiency
D)rehabilitation

Question 38

What type of plea bargaining involves a withdrawal or stay of other charges?

A)label
B)sentence
C)charge
D)fact

Question 39

In cases involving disclosure, what type of records aren't typically in the control of the Crown?

A)first-party production
B)second-party production
C)third-party production
D)extra-party production

Question 40

What type of plea is entered by most accused who appear in criminal court for an indictable offence?

A)general plea
B)autrefois acquit
C)autrefois convict
D)pardon

Question 41

The right to a speedy trial as a part of fundamental justice is protected by the Charter of Rights and Freedoms. Which case established this right?

A)R. v. Mannien
B)R. v. Askov
C)R. v. Kline
D)R. v. Williams

Question 42

At what point in the Canadian legal system can a jury be requested to assist in determining a sentence?

A)when the accused is found guilty of first degree murder
B)during a fitness hearing
C)when the accused is found guilty of aggravated assault
D)during a "faint hope" hearing

Question 43

Étienne shows up for jury duty as per a letter he received. Once at the court, the potential jurors proceed to an in-court selection process. Which of the following determines this process?

A)the courts
B)the province
C)the Criminal Code
D)the Crown's office

Question 44

What type of challenge during jury selection occurs when no questioning of a prospective juror takes place and no cause needs to be stated as to why a potential juror is being eliminated?

A)peremptory
B)label
C)potential
D)judicial

Question 45

Anaïs's mother is ill and dying. She has a pending trial soon. She decides to ask her lawyer to try to postpone the trial and realizes this will eliminate her right to a speedy trial. What factor does this scenario fall under with respect to unreasonable delay?

A)the length of the delay
B)the explanation of the delay
C)waiver
D)prejudice to the accused

Question 46

What section of the Charter of Rights and Freedom guarantees to any person charged with an offence the right "to be tried within a reasonable time"?

A)Section 10(b)
B)Section 10(e)
C)Section 11(a)
D)Section 11(b)

Question 47

You have been selected to potentially be part of a jury in Canada, in the case of a Black man accused of sexually assaulting a woman at the university they were both attending. Which of the following is NOT a question you can be asked in relation to your jury duty?

A)Do you believe Black people commit more crimes in Canada than other Canadians?
B)Do you believe Black people are equal and should be treated equally to those people of other races?
C)Do you believe Black people have a greater propensity to commit crimes of violence?
D)Do you believe Black people have a greater tendency to lie than people of other races?

Question 48

In 2014, Gaël is charged and convicted of second degree murder. Which of the following would be involved in imposing Gaël's sentence?

A)the judge
B)the jury
C)the victim
D)the Crown

Question 49

What is being determined during the in-court juror selection process?

A)whether the juror is of the appropriate social class
B)whether the juror is impartial
C)whether the juror is biased
D)whether the juror is of the appropriate age

Question 50

What section of the Charter of Rights and Freedoms states that any person charged with an offence has a right to trial by jury where the maximum punishment for the offence is imprisonment for five years or more?

A)Section 11(a)
B)Section 11(b)
C)Section 11(f)
D)Section 11(i)

Question 51

The right to a jury trial has existed in Canada for almost how many years?

A)200
B)250
C)300
D)350

Question 52

Which of the following is NOT a requirement of a jury?

A)It must include equal number of males and females.
B)It must be representative of the community.
C)It must be independent and impartial.
D)It must approach the trial with an open mind.

Question 53

Larry unfortunately has past experience with the criminal justice system. He is once again in court answering to a drug charge. He has heard around the system about a certain judge who has some creative sentencing arrangements. He decides to plea bargain that he be sentenced by this particular judge. What type of plea bargaining includes this type of scenario?

A)charge bargain
B)sentence bargain
C)procedural bargain
D)fact bargain

Question 54

What was the final outcome of Mr. Kokopenace's trial?

A)He was convicted of manslaughter in 2008 by a jury.
B)He lost his appeal.
C)The Government of Ontario did not take reasonable steps to ensure that Indigenous people were included in the jury role.
D)The Supreme Court of Canada restored his original conviction of manslaughter.

Question 55

How many stages of the jury selection process are within provincial jurisdiction?

A)two
B)three
C)four
D)five

Question 56

The men charged in the R. v. Askov case had to wait almost how many months for their trial?

A)12
B)18
C)24
D)36

Question 57

During the jury selection process, under which of the following must a reason be given for and a determination made about the validity of a challenge?

A)peremptory challenge
B)challenge for validity
C)prosecutor challenge
D)challenge for cause

Question 58

When selecting a jury, the process of compiling the list of potential jurors under the Jury Act is performed by which of the following?

A)the courts
B)the province
C)the Criminal Code
D)the Crown's office

Question 59

Which of the following is NOT an advantage of plea bargaining?

A)increases the efficiency of our criminal justice system
B)reduces operating costs
C)the wrong person might plead guilty
D)reduces trauma felt by victims

Question 60

Who has the right to stand aside a prospective juror?

A)the Crown prosecutor
B)the defence lawyer
C)the Director of Public Prosecutions
D)the judge

Question 61

What is the maximum number of jurors allowed in a trial?

A)10
B)12
C)14
D)16

Question 62

If an accused is brought to a police station and it is revealed they live more than 200 kilometres away, they would be required to deposit $1,000 before they could leave.

Question 63

Before an arrest is made, there must be reasonable grounds that an individual has committed a specific crime.

Question 64

When a person is taken into custody, they must see a provincially appointed judge within a specific amount of time.

Question 65

Those arrested with an arrest warrant that has not been endorsed by a justice of the peace which would allow the accused to be released are usually processed at the police station.

Question 66

"Lodging a complaint" is when police arrest an individual without a warrant and take the individual to the police station to record the criminal charges and obtain other information.

Question 67

Usually for s. 553 offences, individuals detained may not be released by a police officer by a summons or an appearance notice.

Question 68

Only "strong" or "winnable" cases may be pursued.

Question 69

Those charged with indictable offences punishable by more than five years' imprisonment are usually processed at the police station.

Question 70

After the passing of Bill C-25, Delphine was to have a sentence imposed on her. She has spent 30 days in custody so far. How many days will Delphine receive credit for on her sentence under s. 719(3) of the Criminal Code?

A)15 days
B)30 days
C)45 days
D)60 days

Question 71

Those charged whom the police believe will not appear at their trial are usually processed at the police station.

Question 72

When an accused is prosecuted, convicted, or sentenced, for justice to be achieved it must be delivered in accordance with rules and principles that express values of legality, legitimacy, and fairness.

Question 73

The rules and principles of criminal procedure involve a balance between the interests of the state and the rights of the accused.

Question 74

The bail hearing is the due process designed to see whether the suspect should be released, and, if so, what level of bail is necessary to ensure that they will appear in court on the designated day.

Question 75

The purpose of conditional release is to allow as many accused as possible to leave the police station as quickly as possible.

Question 76

If a charge is for a lesser offence, the police will hold the accused until a bail hearing can be arranged.

Question 77

If a person is arrested without a warrant and taken into custody, they will be brought before the officer in charge or another peace officer, but the officers do not have the authority to release the person.

Question 78

What was the first mega-trial in Canada?

A)R. v. McNamara
B)Canadian Dredge Dock Co. v. The Queen
C)Mankwe v. R.
D)Auclair v. R.

Question 79

In 2014, what did the Supreme Court of Canada decide in a trilogy of cases regarding pretrial credit?

A)Judges are to give one-to-one days of credit.
B)Judges are to give 1.5 days of credit.
C)Judges are not to give credit for pretrial custody.
D)Judges are to eliminate credit for pretrial custody altogether.

Question 80

After the passing of Bill C-25, Anatoly was to have a sentence imposed on him. He has spent 30 days in custody so far. The judge has decided there were exceptional circumstances involved in his case. How many days will Anatoly receive credit for on his sentence under s. 719(3) (1) of the Criminal Code?

A)15 days
B)30 days
C)45 days
D)60 days