Chapter 1—The Foundations of Criminal Justice

TRUE/FALSE

	1.	The Criminal Code of Canada is the primary law of the land.

ANS:	F	PTS:	1	REF:	p. 6

	2.	The Charter does not extend to the rights of individuals convicted of or accused of committing crimes.

ANS:	F	PTS:	1	REF:	p. 6

	3.	All criminal justice system agencies and employees must consider the Charter rights of individuals when performing their jobs.

ANS:	T	PTS:	1	REF:	p. 6

	4.	In some cases, failure to act can be considered a violation of criminal law.

ANS:	T	PTS:	1	REF:	p. 6

	5.	Courts do not have the ability to alter the definitions of Charter rights.

ANS:	F	PTS:	1	REF:	p. 6

	6.	Criminal law is one of several types of public law.

ANS:	T	PTS:	1	REF:	p. 6

	7.	The two critical ingredients of a crime are actus reus and mens rea.

ANS:	T	PTS:	1	REF:	p. 9

	8.	The standard of proof to convict a person of wrongdoing is the same in criminal law cases and civil law cases.

ANS:	F	PTS:	1	REF:	p. 10

	9.	If a Canadian citizen is unfamiliar with a law they have violated, they can use this unfamiliarity as a criminal defence.

ANS:	F	PTS:	1	REF:	p. 8

	10.	Summary conviction offences carry with them the most severe sentences.

ANS:	F	PTS:	1	REF:	p. 9

	11.	One of the functions of criminal law is to reduce the risk of vigilante justice.

ANS:	T	PTS:	1	REF:	p. 8

	12.	The Canadian legal system is one of civil law.

ANS:	F	PTS:	1	REF:	p. 9

	13.	There are two categories of law: public law and private law.

ANS:	T	PTS:	1	REF:	pp. 6–7

	14.	There are only two categories of criminal offences in Canada: summary conviction offences and indictable offences.

ANS:	F	PTS:	1	REF:	pp. 9–10

	15.	In Canada laws cannot be applied retroactively.

ANS:	T	PTS:	1	REF:	p. 8

	16.	Common law is a system of law that is often unwritten.

ANS:	T	PTS:	1	REF:	p. 9

	17.	The concept of double jeopardy applies to civil cases that have already been tried criminally.

ANS:	F	PTS:	1	REF:	pp. 8, 10

	18.	In Canada, civil cases require a much higher standard of proof than criminal cases.

ANS:	F	PTS:	1	REF:	p. 10

	19.	A unique feature of the common law is that it exists in past decisions of judges rather than being embodied in legal codes or legislation.

ANS:	T	PTS:	1	REF:	p. 9

	20.	The conflict model is a view that individuals commit crimes because they disagree with the values of dominant society.

ANS:	F	PTS:	1	REF:	p. 11

MULTIPLE CHOICE

	1.	The government of Canada is subject to the laws of the country. Which term explicitly sets out this principle?
a.	stare decisis	
b.	the rule of law	
c.	the common law	
d.	precedent	

ANS:	B	PTS:	1	REF:	p. 5	MSC:	Remember

	2.	Laws are to be clear, evenly applied, and stable. Which of the following best describes this requirement?
a.	the rule of law	
b.	the common law	
c.	stare decisis	
d.	precedent	

ANS:	A	PTS:	1	REF:	p. 5	MSC:	Remember

	3.	Which of the following is the primary law of the land, guaranteeing fundamental freedoms, legal rights, and equality for all citizens of Canada?
a.	Constitution Act (1867)	
b.	Corrections and Conditional Release Act	
c.	Canadian Charter of Rights and Freedoms	
d.	Criminal Code	

ANS:	C	PTS:	1	REF:	p. 6	MSC:	Remember

	4.	Which of the following pieces of legislation originally set out the rule of law?
a.	the Canadian Charter of Rights and Freedoms	
b.	the British North America Act	
c.	the Criminal Code	
d.	the English Magna Carta	

ANS:	D	PTS:	1	REF:	p. 5	MSC:	Remember

	5.	Which of the following is NOT a type of public law?
a.	family law	
b.	administrative law	
c.	criminal law	
d.	constitutional law	

ANS:	A	PTS:	1	REF:	p. 6	MSC:	Remember

	6.	Martina is going to court to determine whether she or her husband will receive primary custody of their children. Which type of law is this?
a.	administrative law	
b.	public law	
c.	private law	
d.	constitutional law	

ANS:	C	PTS:	1	REF:	pp. 6–7	MSC:	Higher Order

	7.	Steven murdered his roommate, and has been charged with first-degree murder.  He admits that he intended to kill his roommate. Which of the following best defines this intent?
a.	the risk principle	
b.	the need principle	
c.	the actus reus	
d.	the mens rea	

ANS:	D	PTS:	1	REF:	p. 8	MSC:	Higher Order

	8.	What type of law is criminal law?
a.	public law	
b.	positive law	
c.	private law	
d.	constitutional law	

ANS:	A	PTS:	1	REF:	p. 6	MSC:	Remember

	9.	Which of the following is the general category of laws relating to contracts, inheritances, divorce, and custody of children?
a.	criminal law	
b.	civil law	
c.	administrative law	
d.	commercial law	

ANS:	B	PTS:	1	REF:	p. 10	MSC:	Remember

	10.	Which type of offences included in the criminal law are inherently wrong?
a.	mala prohibita	
b.	mens rea	
c.	mala in se	
d.	actus reus	

ANS:	C	PTS:	1	REF:	p. 11	MSC:	Remember

	11.	Which theory on the origins of the criminal law argues that certain groups in Canadian society (primarily the rich and powerful) have a greater ability to influence law reform than other groups?
a.	privilege theory	
b.	consensus theory	
c.	sociological theory	
d.	conflict theory	

ANS:	D	PTS:	1	REF:	p. 11	MSC:	Remember

	12.	Anna has been charged with manslaughter for the murder of her sister. She claims that she did not intend to kill her. Which of the following best defines the actual act of murder in this case?
a.	the actus reus	
b.	the mens rea	
c.	the risk principle	
d.	the need principle	

ANS:	A	PTS:	1	REF:	p. 8	MSC:	Higher Order

	13.	Which statement describes interest groups such as MADD (Mothers Against Drunk Driving), the CPPA (Canadian Professional Police Association), and the National Firearms Association?
a.	They have little or no influence on law reform.	
b.	They are prohibited by law from attempting to influence legislation.	
c.	They are actively involved in efforts to influence law reform.	
d.	They have been largely ineffective in influencing law reform.	

ANS:	C	PTS:	1	REF:	p. 15	MSC:	Remember

	14.	A judge in the Supreme Court of Canada recently made an important decision regarding maximum sentences for drug-trafficking offences. Judges of the lower courts must now take this decision into account when sentencing all future drug-trafficking cases. Which of the following best describes this decision?
a.	statute law	
b.	stare decisis	
c.	double jeopardy	
d.	mens rea	

ANS:	B	PTS:	1	REF:	p. 9	MSC:	Higher Order

	15.	Lila has been charged with a hybrid offence. Who gets to decide how to proceed with this charge?
a.	Lila	
b.	the judge	
c.	the defence	
d.	the Crown	

ANS:	D	PTS:	1	REF:	pp. 9–10	MSC:	Higher Order

	16.	Which of the following factors will likely NOT influence the Crown’s decision to proceed either summarily or by indictment?
a.	the preference of the victim	
b.	the severity of the offence	
c.	the  criminal record of the accused	
d.	the impact of the offence on the community	

ANS:	A	PTS:	1	REF:	p. 10	MSC:	Remember

	17.	Aaron has been charged with committing incest against his daughter. What type of offence is this best defined as?
a.	mala prohibita	
b.	mala in se	
c.	actus reus	
d.	mens rea	

ANS:	B	PTS:	1	REF:	p. 11	MSC:	Higher Order

	18.	Canadian correctional institutions are over-populated by individuals from marginalized backgrounds. Which of the following models best explains this situation?
a.	the morality model	
b.	the value consensus model	
c.	the conflict model	
d.	the prohibition model	

ANS:	C	PTS:	1	REF:	p. 11	MSC:	Higher Order

	19.	Which of the following is NOT true of deviance?
a.	Deviance is behaviour that is not in line with the values and norms of wider society.	
b.	Deviance includes criminal behaviours.	
c.	Acts defined as deviant may change over time.	
d.	Deviance is more stigmatized than criminal activity.	

ANS:	D	PTS:	1	REF:	p. 12	MSC:	Higher Order

	20.	Chelsea has been charged with possession of marijuana. Which of the following best defines this type of offence?
a.	mala prohibita	
b.	mala in se	
c.	actus reus	
d.	mens rea	

ANS:	A	PTS:	1	REF:	p. 12	MSC:	Higher Order

	21.	Anthony has been charged with murder. Which category does this offence fall into?
a.	summary conviction	
b.	indictable	
c.	hybrid	
d.	electable	

ANS:	B	PTS:	1	REF:	pp. 9–10	MSC:	Higher Order

	22.	Ellen witnessed her brother physically abusing his son, but failed to report the abuse. Which type of law do her actions violate?
a.	constitutional law	
b.	family law	
c.	criminal law	
d.	administrative law	

ANS:	C	PTS:	1	REF:	p. 9	MSC:	Higher Order

	23.	Which of the following crimes is an example of the challenging nature of applying criminal law in a diverse society like Canada?
a.	gang-involved crime	
b.	sports violence	
c.	polygamy	
d.	honour killings	

ANS:	D	PTS:	1	REF:	p. 17	MSC:	Higher Order

	24.	Frank witnessed the drowning of his nephew when the boy fell out of a boat. Frank was physically able to attempt to save his nephew without putting himself in any major danger. Which of the following do Frank’s actions violate?
a.	criminal law	
b.	family law	
c.	constitutional law	
d.	social mores	

ANS:	A	PTS:	1	REF:	p. 9	MSC:	Higher Order

	25.	Lily murdered her cousin when they were both 9 years old. She admits that she meant to do it. What is absent in this case?
a.	the actus reus	
b.	the mens rea	
c.	any mitigating factors	
d.	a valid defence	

ANS:	B	PTS:	1	REF:	p. 8	MSC:	Higher Order

SHORT ANSWER

	1.	One of the principles of Canadian law is that ignorance of the law is not an excuse. What does this statement mean?  Why is this statement really a fiction?  Why is this principle necessary?

ANS:	
Responses will vary
—every citizen should be familiar with all laws and be able to distinguish between criminal and non-criminal behaviour
—fiction: law changes constantly, subject to debate and differing interpretations
—necessary: legal system would grind to halt if defendants could claim ignorance

PTS:	1	REF:	p. 8

	2.	The Criminal Code has three categories of criminal offences. Identify and describe each offence type. Which of these three results in the most serious punishments?

ANS:	
Responses will vary
Summary conviction—less serious, can be tried before magistrate or judge, max penalty of $5000 fine or 6 months prison (or both)
Indictable— more serious, maximum prison sentence 14 yrs to life **most serious punishment
Hybrid/elective—proceeded summarily or by indictment (up to Crown)

PTS:	1	REF:	pp. 9–10

	3.	Describe the various functions of the criminal law in Canadian society.

ANS:	
Responses will vary
—mechanism of social control
—maintenance of order
—defines parameters of acceptable behaviour
—reduces risks of personal retaliation
—general and specific deterrence
—criminalizes behaviour
—protects group interests

PTS:	1	REF:	pp. 6–8

	4.	Compare and contrast civil law with criminal law, using examples to illustrate your points.

ANS:	
Responses will vary
—standard of proof
       criminal: guilt beyond reasonable doubt
	civil: balance of probabilities, reasonable probability (lower standard)
—may be found not guilty in criminal, but guilty in civil
—civil between individuals
—criminal—government assumes responsibility for prosecuting offender

PTS:	1	REF:	p. 10

	5.	Compare and contrast the value consensus model and the conflict model as explanations for the origins and application of the criminal law.

ANS:	
Responses will vary
Value consensus—behaviours are defined as criminal/punishments imposed reflect commonly held opinions and limits of tolerance; consensus on what should be against law
	—mala in se offences
Conflict—crime/punishment reflect power of some groups over others; influence formation and application of law
	—mala prohibita offences

PTS:	1	REF:	pp. 10–11

	6.	Define and explain the difference between mala in se and mala prohibita offences. Give an example of each.

ANS:	
Responses will vary
Mala in se—wrong in themselves, inherently evil, violation of natural law
	—incest, murder
Mala prohibita—wrong simply because they are against the law
	—polygamy, drug use

PTS:	1	REF:	p. 11

	7.	Define the term “moral entrepreneur.”  What role do these individuals play in the criminalization of activities?  What types of crime have they historically focused on?

ANS:	
Responses will vary
Individuals, groups, or organizations that seek action against certain groups/ppl/behaviours and bring pressure on legislators to enact criminal statutes
Most active with victimless crimes
—drug/alcohol use
—prostitution

PTS:	1	REF:	p. 15

	8.	One of the principles of Canadian law is that individuals have the right against self-incrimination. What does this right mean?  Provide two examples of Charter provisions that help in protecting this right.

ANS:	
Responses will vary
—no one is compelled to incriminate self
—right to remain silent during investigation
—if threatened/forced to speak, statement may be deemed inadmissible in court (confession)
—may choose not to testify in own defence

PTS:	1	REF:	p. 8

	9.	Identify the two critical ingredients of a crime. Discuss when a crime occurs (there are four points to be made here).

ANS:	
Responses will vary
—actus reus (the commission of the act)
—mens rea (the mental intent to commit the act)
—4 components
	—commits an act or fails to commit act when under legal responsibility to do so
	—intent (mens rea) to commit act
	—no legal defence/justification for committing
	—violates provision in criminal law

PTS:	1	REF:	p. 9

	10.	Define/explain the concept of double jeopardy. How does this notion differ between Canada and the United States?

ANS:	
Responses will vary
—principle of Canadian law
—no one should be troubled twice by the same cause
—can’t generally be tried twice for same offence
—in Canada (not in U.S.), can be retried after acquittal if Crown successfully appeals by claiming problems with correct application of law at trial

PTS:	1	REF:	pp.  8–9

ESSAY

	1.	Compare and contrast criminal and civil law. Focus particularly on the different standards of proof required. Using the textbook example of the O.J. Simpson case, explain why this different standard can result in a not-guilty verdict in criminal court and a guilty verdict in civil court. Do you think this is problematic?  Why or why not?

ANS:	
Responses will vary
—standard of proof
	criminal: guilt beyond reasonable doubt
	civil: balance of probabilities, reasonable probability (lower standard)
—may be found not guilty in criminal, but guilty in civil
—civil between individuals
—criminal—government assumes responsibility for prosecuting offender

PTS:	1	REF:	p. 10

	2.	Compare and contrast the notions of deviance and criminality. Where is there overlap?  How do these notions differ?  Provide examples to support your points.

ANS:	
Responses will vary
—crimes break the law
—deviance—contrary to norms and values, includes crime, changes over time
—Criminal law not static—also changes (with society)

PTS:	1	REF:	pp. 12–13

	3.	Griffiths describes the criminal law as being “dynamic.”  Explain what this means, providing specific examples to support your argument.

ANS:	
Responses will vary
—social, economic, and political environment may influence legislation
—prohibition laws against alcohol
—computer technology developments (new CC offences)
—decriminalization (gays/lesbians, immigrants), Charter

PTS:	1	REF:	pp. 12–13

	4.	In the Manny Castillo case, the judge ruled that the laws of Canada should be followed on and off the playing field. Do you agree with this statement?  Why or why not?  Give reasons to support your position.

ANS:	
Responses will vary
Oppose: Element of consent when stepping onto field
	Different rules of conduct
	Deal with it in the league
	Light sentences given dilute impact of criminal law as deterrent
For: 	Serious acts deserve same consequences as would receive off the field
	Serious consequences
	Shouldn’t be a criminal law free zone

PTS:	1	REF:	p. 16

	5.	Griffiths discusses some of the difficulties in applying criminal law in a diverse society. He specifically points to the Shafia Honour Killings case (see box 1.5). What do you think about the proposal to enact a separate section in the Criminal Code to deter this practice?  Outline both sides of this argument, using examples to support your opinion.

ANS:	
Responses will	vary 
Separate section
	Highlight inappropriateness of conduct
	Deterrence
Opponents
	Existing provisions are sufficient
	Offenders have always received max allowable sentence

PTS:	1	REF:	pp. 16–17

	6.	Define and discuss the different types of law considered in Canada (common law, statute law, case law). How do these forms of law differ?  How does employing multiple forms of law strengthen or weaken the Canadian system?  Provide examples to support your answer.

ANS:	
Responses will vary
Common law—based on custom, tradition, practice; generally unwritten
Statute law—written laws, enacted by legislative body, codified
Case law—established by previous court decisions, based on precedent

PTS:	1	REF:	p. 9

	7.	Identify the key principles of the rule of law. How are these principles still present in the Canadian legal system and legislation?  How have they changed (if at all)?

ANS:	
Responses will vary
—government, officials, agents, individuals, and private entities accountable to law
—laws clear, publicized, stable, and just, applied evenly, protect fundamental rights
—process by which laws enacted, administered, and enforced is accessible, fair, and efficient
—justice delivered in a timely way by competent, ethical, and independent representatives and neutrals of sufficient numbers, with adequate resources, and reflecting makeup of community
Charter—fundamental freedoms, legal rights, equality rights for all Canadians
	—protections for individuals
	—fairness during legal proceedings

PTS:	1	REF:	pp. 5–7

	8.	Discuss the value consensus model and the conflict model as explanations for the origins and applications of the criminal law. Where do you believe criminal laws come from?

ANS:	
Responses will vary
Value consensus—behaviours are defined as criminal/punishments imposed reflect commonly held opinions and limits of tolerance; consensus on what should be against law
—mala in se offences
Conflict— crime/punishment reflect power of some groups over others; influence formation and application of law
—mala prohibita offences

PTS:	1	REF:	pp. 10–11

	9.	Criminologists conduct historical analyses of crime and laws for four major reasons. Identify each of these reasons. Provide some examples of political, social, or economic factors that may have influenced law reform.

ANS:	
Responses will vary
—factors involved in defining behaviours as criminal
—increase or decrease in severity of criminal law
—response of CJS
—factors that influence repeal of law (decriminalization)
Examples:
marijuana —Emily Murphy, anti-drug crusader
opium laws—anti-Asian prejudices

PTS:	1	REF:	p. 12

	10.	See Box 1.1 for a discussion of the potential for marijuana legalization in Canada. How do you feel about this issue?  What do you think about the current legalization of marijuana in several U.S. states?  How might legalization affect opinions toward marijuana and other drugs?

ANS:	
Responses will vary
—annual enforcement costs $500 million
—Colorado
—Washington

PTS:	1	REF:	p. 13