FRSC 2100 EXAM QUESTIONS AND
ANSWERS
parts - Answer- the code is divided into parts by theme
sections - Answer- statutory law - the written law
subsections - Answer- smaller sections within a section
commentary - Answer- not law but added annotations
case law - Answer- outlines important cases that have been decided relevant to that
section often grouped by theme
related provisions - Answer- this outlines the other sections of the CC that are
related to this section
general sections - Answer- definitions, setting the framework, other things to know
types of sections - Answer- general sections, create offences, set out punishment,
create defences, outline processes
Libman v. R. (1985) - Answer- To make an offence subject to the jurisdiction of the
Canadian courts requires that a significant portion of the activities constituting the
offence take place in Canada. There must be a real and substantial link between an
offence and this country.
strict liability - Answer- The legal responsibility for damage or injury even if you are
not negligent - can use due diligence as a defence
absolute liability - Answer- a criminal offence in which intent is assumed to be
present and need not be proven
general intent - Answer- The desire to commit a wrongful act, with no ulterior motive
or purpose
specific intent - Answer- The desire to commit one wrongful act for the sake of
accomplishing another
s. 264 Uttering threats - Answer- The external circumstances are complete where D
utters, conveys or causes a person to receive a threat to cause death or bodily harm,
to burn destroy or damage property, to kill poison or injure an animal of the person
The mental element consists of the intent to utter the prohibited threat.
s. 1 short title - Answer- criminal code, reference
s. 2 definitions - Answer- for the code as a whole, key words
, bodily harm - Answer- means any hurt or injury to a person that interferes with the
health or comfort of the person and that is more than merely transient or trifling in
nature
complainant - Answer- means the victim of an alleged offence
count - Answer- means a charge in an information or indictment
day - Answer- means the period between six o'clock in the forenoon and nine o'clock
in the afternoon of the same day
dwelling house - Answer- means the whole or any part of a building or structure that
is kept or occupied as a permanent or temporary residence, and includes
• (a) a building within the curtilage of a dwelling-house that is connected to it by a
doorway or by a covered and enclosed passage-way, and
• (b) a unit that is designed to be mobile and to be used as a permanent or
temporary residence and that is being used as such a residence
every one - Answer- person and owner, and similar expressions, include Her Majesty
and an organization
highway - Answer- means a road to which the public has the right of access, and
includes bridges over which or tunnels through which a road passes
mental disorder - Answer- means a disease of the mind
motor vehicle - Answer- means a vehicle that is drawn, propelled or driven by any
means other than muscular power, but does not include railway equipment
night - Answer- means the period between nine o'clock in the afternoon and six
o'clock in the forenoon of the following day
offender - Answer- means a person who has been determined by a court to be guilty
of an offence, whether on acceptance of a plea of guilty or on a finding of guilt
peace officer * - Answer- a person responsible for preserving the public peace, such
as a police officer, a mayor, or a customs officer
unfit to stand trial - Answer- means unable on account of mental disorder to conduct
a defence at any stage of the proceedings before a verdict is rendered or to instruct
counsel to do so, and, in particular, unable on account of mental disorder to
• (a) understand the nature or object of the proceedings,
• (b) understand the possible consequences of the proceedings, or
• (c) communicate with counsel
weapon - Answer- means any thing used, designed to be used or intended for use
• (a) in causing death or injury to any person, or
• (b) for the purpose of threatening or intimidating any person
ANSWERS
parts - Answer- the code is divided into parts by theme
sections - Answer- statutory law - the written law
subsections - Answer- smaller sections within a section
commentary - Answer- not law but added annotations
case law - Answer- outlines important cases that have been decided relevant to that
section often grouped by theme
related provisions - Answer- this outlines the other sections of the CC that are
related to this section
general sections - Answer- definitions, setting the framework, other things to know
types of sections - Answer- general sections, create offences, set out punishment,
create defences, outline processes
Libman v. R. (1985) - Answer- To make an offence subject to the jurisdiction of the
Canadian courts requires that a significant portion of the activities constituting the
offence take place in Canada. There must be a real and substantial link between an
offence and this country.
strict liability - Answer- The legal responsibility for damage or injury even if you are
not negligent - can use due diligence as a defence
absolute liability - Answer- a criminal offence in which intent is assumed to be
present and need not be proven
general intent - Answer- The desire to commit a wrongful act, with no ulterior motive
or purpose
specific intent - Answer- The desire to commit one wrongful act for the sake of
accomplishing another
s. 264 Uttering threats - Answer- The external circumstances are complete where D
utters, conveys or causes a person to receive a threat to cause death or bodily harm,
to burn destroy or damage property, to kill poison or injure an animal of the person
The mental element consists of the intent to utter the prohibited threat.
s. 1 short title - Answer- criminal code, reference
s. 2 definitions - Answer- for the code as a whole, key words
, bodily harm - Answer- means any hurt or injury to a person that interferes with the
health or comfort of the person and that is more than merely transient or trifling in
nature
complainant - Answer- means the victim of an alleged offence
count - Answer- means a charge in an information or indictment
day - Answer- means the period between six o'clock in the forenoon and nine o'clock
in the afternoon of the same day
dwelling house - Answer- means the whole or any part of a building or structure that
is kept or occupied as a permanent or temporary residence, and includes
• (a) a building within the curtilage of a dwelling-house that is connected to it by a
doorway or by a covered and enclosed passage-way, and
• (b) a unit that is designed to be mobile and to be used as a permanent or
temporary residence and that is being used as such a residence
every one - Answer- person and owner, and similar expressions, include Her Majesty
and an organization
highway - Answer- means a road to which the public has the right of access, and
includes bridges over which or tunnels through which a road passes
mental disorder - Answer- means a disease of the mind
motor vehicle - Answer- means a vehicle that is drawn, propelled or driven by any
means other than muscular power, but does not include railway equipment
night - Answer- means the period between nine o'clock in the afternoon and six
o'clock in the forenoon of the following day
offender - Answer- means a person who has been determined by a court to be guilty
of an offence, whether on acceptance of a plea of guilty or on a finding of guilt
peace officer * - Answer- a person responsible for preserving the public peace, such
as a police officer, a mayor, or a customs officer
unfit to stand trial - Answer- means unable on account of mental disorder to conduct
a defence at any stage of the proceedings before a verdict is rendered or to instruct
counsel to do so, and, in particular, unable on account of mental disorder to
• (a) understand the nature or object of the proceedings,
• (b) understand the possible consequences of the proceedings, or
• (c) communicate with counsel
weapon - Answer- means any thing used, designed to be used or intended for use
• (a) in causing death or injury to any person, or
• (b) for the purpose of threatening or intimidating any person
