Deck 8: The Prosecution of Criminal Cases

Question 1

The responsibility for prosecuting cases is shared between the provinces and the federal government.

Answer 1

True

Question 2

A person in police custody who is not released by the officer in charge must be brought to court within 24 hours or as soon as is reasonably possible.

Answer 2

True

Question 3

When a person is detained under a security certificate, the period of detention is indefinite.

Answer 3

True

Question 4

All adults who are accused of crimes must be represented in court by a lawyer.

Question 5

Plea bargaining has recently been determined to violate key provisions of the Charter of Rights and Freedoms.

Question 6

Considerable case attrition occurs at the prosecution stage, with many cases dropping out of the formal court system.

Question 7

Unlike in the United States, it is possible for Crown counsel in Canada to appeal the acquittal of an accused person.

Question 8

The public is excluded from the courtroom only in cases involving child victims.

Question 9

Any citizen can lay an information if he or she believes, on reasonable grounds, that an individual has committed an offence.

Question 10

There are more adults awaiting trial or sentencing than there are sentenced adults in provincial/territorial facilities.

Question 11

Crown attorneys are granted very little discretion when performing their day-to-day duties.

Question 12

People who are deemed to pose a threat to the security of the country and who are not Canadian citizens and can be held for an indefinite period of time under provisions of the Immigration and Refugee Protection Act.

Question 13

Of the three models of legal aid services provided by provinces/territories, judicare is the most common.

Question 14

Pleading not guilty is the same as claiming innocence.

Question 15

Canadian jurors can be interviewed about the deliberations that took place once a trial concludes.

Question 16

When police officers lay an information they are referred to as an informant.

Question 17

Crime victims who are reluctant to testify based on their own involvement in criminal activities are not eligible for specialized court services to facilitate testimony.

Question 18

The prosecutor is the only person who is able to request a publication ban for a trial.

Question 19

Research studies have shown that wrongful convictions typically occur as a result of a single mistake or event.

Question 20

Research studies have consistently demonstrated that eyewitness testimony is unreliable and caution should be exercised in relying on such testimony.

Question 21

Renata is a federally appointed Crown prosecutor. She is responsible for prosecuting all cases in her jurisdiction. Where does Renata practice law?

A) British Columbia
B) the Yukon
C) Manitoba
D) Québec

Question 22

Kevin is a Crown prosecutor who is deciding whether or not to lay charges in an aggravated assault case. He is concerned that the victim in this case is not particularly credible, so he does not proceed with a charge. Which kind of consideration is Kevin employing in this decision?

A) a legal consideration
B) an administrative consideration
C) a political consideration
D) a due process consideration

Question 23

George is a Crown prosecutor who is deciding whether or not to lay charges in a mischief case. He decides that the time spent working on this case will be too great; it is out of proportion given the minor nature of the offence, so he does not lay charges. Which of the following considerations is George employing in his decision?

A) a legal consideration
B) a due process consideration
C) an administrative consideration
D) a political consideration

Question 24

Foster has committed a summary conviction offence and is likely to appear in court on this charge. Which type of document is Foster most likely to receive to ensure his appearance at trial?

A) an appearance warrant
B) a summons
C) an information
D) an appearance notice

Question 25

Geeta has committed a summary conviction offence. A police officer delivers a document instructing her to appear in court on a specific date. She signs to acknowledge the receipt of this document. What type of document did Geeta sign?

A) a summons
B) a surety
C) an appearance notice
D) a recognizance

Question 26

How does plea bargaining relate to criminal cases in Canada?

A) It is technically illegal, but still widely used.
B) It is provided for in section 645 of the Criminal Code.
C) It plays a very important role in the processing of criminal cases.
D) It is available only in cases involving indictable offences.

Question 27

Which category does the defence of challenging the admissibility of evidence gathered by the police fall into?

A) legal defence
B) procedural defence
C) excuse-based defence
D) appeal defence

Question 28

Under what circumstances may a judge order that a trial be closed to the public?

A) only in cases of serious indictable offences
B) whenever there is potential for embarrassment on the part of the victim
C) only in cases of summary offences
D) when the proper administration of justice would be compromised

Question 29

Jodie is a Crown prosecutor. She decides to challenge the release of an accused on bail prior to trial because she believes he has previously failed to appear in court. Which of the following is required to justify the detention of the accused until his trial?

A) a show cause hearing
B) a recognizance
C) a surety
D) a summons

Question 30

Sophia has been charged with a summary conviction offence. There were concerns that she would not appear in court for her trial, so she agreed to pay a financial settlement if she fails to appear. Which type of agreement is this?

A) a summons
B) an appearance notice
C) a recognizance
D) a surety

Question 31

Reggie has been released on bail with several conditions, including the requirement that he report to his bail supervisor regularly. What type of condition is this?

A) a discretionary condition
B) a statutory condition
C) an interim condition
D) a release condition

Question 32

In which case did the Supreme Court of Canada endorse plea bargaining as an indispensable, integral part of the criminal justice process?

A) R. v. Fontaine
B) R. v. Hamm
C) R. v. Prosper
D) R. v. Burlingham

Question 33

Graeme is an accused individual who qualifies for legal aid. He finds a private lawyer who bills the legal aid plan for all legal services provided. What form of legal aid is Graeme using?

A) judicare
B) legal aid clinic
C) mixed legal aid
D) interim legal aid

Question 34

Which issue is NOT an example of the current problems with Canada's legal aid system?

A) underfunding
B) competition
C) coverage disparities
D) fragmentation

Question 35

Michelle has been accused of second-degree murder. After reviewing the case with the Crown, her lawyer encourages her to admit to the lesser charge of manslaughter. Which type of action is this?

A) a bail negotiation
B) an interim bargain
C) a plea bargain
D) a defence negotiation

Question 36

Which three Canadian provinces require Crown approval before the police can lay a charge?

A) Newfoundland, Quebec, and Ontario
B) Newfoundland, Quebec, and British Columbia
C) New Brunswick, Quebec, and Ontario
D) New Brunswick, Quebec, and British Columbia

Question 37

Ross is a Crown prosecutor. He is reviewing a case and decides to terminate the case due to a lack of evidence. Which type of action is this?

A) a plea bargain
B) a stay of proceedings
C) discovery
D) evidence disclosure

Question 38

An individual who has been charged with a criminal offence is released by a judge or JP pending their court appearance. What is this process called?

A) judicial interim release
B) conditional release
C) bail notification
D) preliminary release

Question 39

What has changed about the pre-trial remand population in Canadian correctional facilities?

A) The number of adults admitted to remand is less than the number of sentenced offenders in the majority of provincial/territorial facilities.
B) No growth has occurred in remand populations in recent years.
C) The number of adults admitted to remand exceeds the number of sentenced offenders in many provincial/territorial facilities.
D) The number of women have been admitted to remand in most provincial/territorial facilities is decreasing.

Question 40

Morgan is the Crown prosecutor in a first-degree murder case. She is required to share all of her evidence with the defence attorney prior to the start of the trial. What is this process called?

A) an evidentiary inquiry
B) reciprocation of evidence
C) exculpatory evidence
D) disclosure of evidence

Question 41

Which statement is NOT true of the "not criminally responsible on account of mental disorder" (NCRMD) defence?

A) It relates to the accused's mental state at the time of trial.
B) It is not a true defence.
C) It relates to the mental state of the accused at the time of the offence.
D) It requires a court-ordered psychiatric assessment.

Question 42

Ian has been accused of motor vehicle theft, but he asserts that the owner of the vehicle is lying and that the offence never occurred. What type of defence is Ian advancing?

A) duress
B) "you've got the wrong person"
C) automatism
D) consent

Question 43

Tiffany has been charged with the attempted murder of her sister. She claims that, at the time of the offence, she was in a dissociative state and was not aware of her actions. She denies ever intending to commit the crime. What form of defence is Tiffany asserting?

A) compulsion
B) duress
C) automatism
D) not criminally responsible on account of a mental disorder

Question 44

Lori has been charged with murder after shooting her boyfriend. She argues he threatened her life several times on the evening of the offence, and that her actions were in self-defence. She is hoping for a reduction in charge from murder to manslaughter. What type of defence is Lori advancing?

A) necessity
B) compulsion
C) duress
D) provocation

Question 45

Shane has been charged with assault after engaging in a fistfight with the complainant. Shane argues that the two were voluntarily engaging in the fight and that he should not be held legally responsible. What form of defence is Shane advancing?

A) consent
B) provocation
C) automatism
D) duress

Question 46

Discuss the role and activities of Crown attorneys and then note the challenges that confront prosecutors in carrying out their tasks.

Question 47

Describe the practice of judicial interim release (bail) and note the various decisions that may be made by the Justice of the Peace or the judge in the case.

Question 48

Discuss the major issues that surround the use of security certificates in Canada.

Question 49

Describe the three models for the delivery of legal aid services in the provinces/territories.

Question 50

Discuss the practice of plea-bargaining in the processing of criminal cases. Include the arguments that are offered in support of, and in opposition to, this practice and speak to the issue of plea bargaining and judges.

Question 51

Identify four offence-specific reasons why the police and Crown may decide not to lay charges in a criminal case.

Question 52

Identify some key reasons why victims may not want charges to be filed.

Question 53

Describe some of the factors identified by the research about decisions to grant bail.

Question 54

Identify the arrangements that can be made by the presiding judge to facilitate the testimony of victims as witnesses.

Question 55

In what ways has the emergence of mega-trials challenged the criminal justice system?

Question 56

Identify the factors that have contributed to persons being wrongfully convicted in Canada.

Question 57

Discuss the issues surrounding the use of security certificates. What are your views on security certificates?

Question 58

The discussion of legal aid notes that in recent years several provinces have lowered the qualifying income levels as one way of stemming the rise in legal aid costs. This has made it more difficult for many accused persons to access legal representation. What are your views of access to legal representation? How supportive are you of the concept that all persons, regardless of income level, should be provided with legal representation?

Question 59

Discuss the benefits, and potential drawbacks, of plea bargaining in the criminal justice process. What options would you offer for dealing with the current state of affairs? Would you support a policy or law that required the plea negotiation process to be open and transparent? Why or why not? As the victim of a crime, would you want to have the right to approve any plea bargain made between the Crown counsel and the defence lawyer?

Question 60

Historically, the role of the Crown is not a partisan one. The ultimate goal is not to obtain a conviction, but rather to perform a public duty and achieve justice. How might achieving this goal be difficult while working in an adversarial system?

Question 61

Identify and compare the following reasons for not laying a charge: a) legal reasons, b) administrative reasons, and c) political reasons. Which of these considerations do you find most convincing in terms of not charging an accused person? Least convincing?

Question 62

Discuss the issue of the wrongfully convicted. Considering the selected cases of wrongful conviction presented in the textbook, what suggestions do you have as to how the criminal justice system can reduce the likelihood that a miscarriage of justice will occur?

Question 63

What are the different forms of bail conditions in Canada? Provide examples of each. Which of these conditions are potentially problematic? Why?

Question 64

Discuss the defence of Not Criminally Responsible on Account of Mental Disorder (NCRMD). What do you think about the outcome in the Li case? Do you agree or disagree with the options the court has when a person is determined to be NCRMD (detention in a hospital, a conditional discharge, or an absolute discharge)?

Question 65

Compare the bail process in Canada with that presented on American television. How do Canada's practices differ?

Question 66

Consider the issue of fitness to stand trial. How does this designation compare with the Not Criminally Responsible on account of Mental Disorder defence? Do you agree with this designation as it currently stands? Why or why not?