COMPLETE SOLUTIONS VERIFIED GRADED A++
what is included in federal government responsibilities?
1. create and amend criminal statutes (criminal code, controlled drug and substance
act)
2. appoint judges to high courts (all but OCJ)
3. employ federal prosecutors
4. federal powers (postal service, currency, weights and measures)
what is included in provincial government responsibilities?
1. create criminal charges and procedures (motor vehicle act, hunting laws, workplace
safety)
2. appoint judges to OCJ
3. employ provincial prosecutors
4. supervise provincial and municipal police services
5. provincial powers (public land management, business licenses, property and civil
rights)
what is included in municipal government responsibilities?
1. create offences in by-laws (parking, bike use, pet control)
2. employ by-law enforcement officers and municipal lawyers
3. fund municipal police services
what does it mean for a law to be declared ultra vires?
of no force and effect
, what is the key principle of common law?
the courts will resolve common disputes the common way to be fair and consistent
what is the court hierarchy (in ontario)?
1. supreme court of canada
2. ontario court of appeals
3. superior court of justice
4. ontario court of justice
5. small claims court (lawsuits under 35k)
what are the three federal offences?
1. summary (trespassing, public mischief, no choice of court)
2. indictable (murder, armed robbery, judge in OCJ or SCJ, or jury in SCJ)
3. hybrid, prosecutors choice! (assault, theft under 5,000)
who appoints judges?
prime minister and provincial premier (provinces court of justice)
what do admin boards and tribunals take care of?
human rights, workers compensation, licensing, authorities, etc.
who are the parties in a criminal case?
society vs accused (assisted by defense or paralegal)
what is onus?
the legal responsibility for proving guilt or innocence (or liability)
what is actus and mens rea?
illegal act, intention (only required for true crimes)
what are the three types of offences? (in regards to liability)