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What are the categories of law?
sets out the manner in which facts are introduced and proved in a trial, hearing or proceeding
defines legal rights and obligations, legal rights may be enforced by way of legal proceedings, this area of law can also include defences to legal proceedings
governs the relationship between legal persons and the state
what are the types of public law (8)
governs the relationship between legal persons
what are the types of private law? (7)
the body of law that deals with wrongs or harms caused to society as a whole. Prosecuted by the state. The victim is a witness not a party.
the body of law that deals with harm caused to a person or property by another. The injured party sues the other. Injuree v injurer.
what is the standard of proof in criminal law? What is the standard of proof in tort law?
a party's obligation to prove certain facts or matters in an issue
the legal level of proof that must be established in a court case before the case may be won
What are the sources of criminal law?
Statute Law
Jurisdiction : Federal
jurisdiction over what?
where does its authority come from?
examples of federal statutes
Statute Law
Provincial
jurisdiction over what
where does its authority come from
examples of provincial statutes
offences created by provincial legislatures to enforce certain regulatory laws that are within their law making authority
common law
judicial reasons
stare decisis
what is the role of the courts
What are some examples of other systems of law
a Latin term meaning that a law has been made outside the authority of the law-making body
a Latin term meaning that a law has been made within the authority of the law-making body
3 Basic Principles of Criminal Law
the prosecutor in a criminal case or the plaintiff in a civil case has the burden or onus to present enough evidence to win their case beyond a reasonable doubt or on the balance of probabilities, respectively
_____________________ is a significant common law principle that forms the major foundation of the criminal justice system.
where is the presumption of innocence enshrined
a country in which the constitution provides for more than one level of government;
the constitution and division of powers
any law made outside of the confines of constitutional authority is
criminal law and procedure falls within _________ law making power
what can the provincial government do crime wise?
what sections of the Charter limit Charter rights?
Section 1
Oakes test
The Supreme Court of Canada upheld the use of police programs which involve random stops of drivers to determine if they have been drinking. Although a Charter violation it was upheld because the programs purpose was to curb impaired driving that kills many people every year.
s. 213(D) of the CCC used to say that if a person was in possession of a weapon while committing certain offences and his accomplice murdered someone that person would be guilty of murder through participation in the other crime UNTIL the court held that this was too drastic a means of discouraging the use of weapons by criminals
a Narcotic Control Act provision which is stated that an individual found to be in possession of an illegal drug was automatically deemed a trafficker was struck down because rationally not everyone who possesses a drug will traffic it
section 33
what are the remedies for Charter violations
s. 52
s. 52 remedies
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
W here, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
provides a remedy that is “appropriate and just” to anyone whose rights or freedoms, as guaranteed by the Charter, have been infringed or denied, while section
provides a remedy in cases where evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by the Charter.
s 24(1) is a _______________ remedy
T he primary Charter provisions with regard to wrongfully obtained evidence
The two subsections of section 24 work together. Before there is even a consideration of whether or not the evidence should be excluded___________________________________
the most serious offences set out in the criminal code
examples
paralegal jurisdiction
the less serious offences set out in the criminal code
examples
jurisdiction of paralegals
where are indictable offences heard
where are summary convictions heard
offences that may be prosecuted as either summary of indictable offences at choice or election by the crown
paralegal jurisdiction
example
whose role is it to investigate possible breaches of the law
whose role is it to be an impartial decision maker
person or persons in a trial who assess evidence and render a verdict
person in a trial who controls the trial process, determines the admissibility of evidence, and instructs the trier of fact on the application of law
who has the duty of determining what information they accept and what weight they assign to that information, renders a verdict
who is the trier of law in a jury trial? who is the trier of law and fact in a judge alone
who controls the process in the courtroom
who is the provincial employee who is not elected and prosecutes cases on behalf of the state in the name of the crown
what is the duty of the crown
evidence that points to guilt
evidence that points to innocence
what are some of the roles of the defence
what is the chain of appeal for criminal summary convictions
when summary convictions are appealed from the ontario court of justice to the superior court what function of the SCC hears the appeal
