CLN4U 2014 Examination Review Questions: Answer Sheet

[1] [C]

Reference: 81

[2] Many felt that too many nations had stood by during World War II as Germany practised a policy of genocide. Therefore, they felt the concept of sovereignty (or a nation’s independence) as defined under the treaty had to be addressed.

Reference: 76

[3] [D]

Reference: 92

[4] [D]

Reference: 125

[5] [C]

Reference: 91

[6] [A]

Reference: 51

[7] [C]

Reference: 50

[8] Essentially, opinions fall into two camps: those who feel the Code is not representative of the changing liberal values of Canadian society, and those who feel it has become too lax. The first group of critics believe that current criminal law has become too confusing, that too many new offences have been created in an attempt to be harder on crime, and that too many Canadian laws are no longer in step with society. The other group believes that the courts are too lenient on criminals and that there is little uniformity in the interpretation and application of the laws. Some advocates have suggested that a standard formula be applied to all judges and their cases.

Reference: 122

[9] [D]

Reference: 64

[10] [C]

Reference: 81

[11] [A]

Reference: 90

[12] Juries were first used in ancient Greece. However, our modern jury system originated in thirteenth-century Britain. The word stems from the Latin term jurati, which means “to be sworn.” Originally, members of a jury were there to act as witnesses. Eventually, though, the role of the jury evolved into one in which it was expected to give an independent verdict on a trial (without fear of reprisal from the authorities).

Reference: 55, 62

[13] [C]

Reference: 51

[14] [C]

Reference: 92

[15] [D]

Reference: 57

[16] [E]

Reference: 163

[17] Your answer could include any of the following:

- The Royal Proclamation, 1763 made English common law applicable to all British-controlled territory in North America and outlined the relationship between the Crown and Aboriginal peoples.

- The Québec Act of 1774 restored Québec’s right to use French civil law rather than British common law as its foundation for civil law.

- The Constitution Act, 1791 divided British North America into Upper and Lower Canada, thus enshrining the separate character of Québec.

- The Act of Union, 1840 joined Upper and Lower Canada into one province, thereby establishing responsible government for the colony.

- The Statute of Westminster, 1931 ended Canada’s colonial status with the exception of amendments to the BNA Act.

Reference: 139

[18] [C]

Reference: 231

[19] [D]

Reference: 188

[20] [E]

Reference: 162

[21] [A]

Reference: 206

[22] [C]

Reference: 202

[23] [B]

Reference: 191

[24] [C]

Reference: 206

[25] [B]

Reference: 136

[26] [E]

Reference: 210

[27] [C]

Reference: 173

[28] [B]

Reference: 173

[29] [B]

Reference: 180

[30] The three levels are the legislative branch (House of Commons and Senate), the executive branch (prime minister and Cabinet), and the judicial branch (the courts).

Reference: 151

[31] Legal paternalism is the belief that government is there to keep you from harming yourself. This includes those laws dealing with so-called “victimless” crimes, such as laws against the possession of obscene material and laws against enlisting an assistant for suicide.

Reference: 271

[32] [C]

Reference: 299

[33] [D]

Reference: 277

[34]

Section 718.2(e) is an important guideline for judges with regard to sentencing. It requires that less restrictive measures, such as restorative justice, be applied instead of incarceration (if appropriate).

It is especially important in the sentencing of Aboriginal offenders because it allows the judge to look at the unique systemic or background factors that contributed to the Aboriginal offender’s behaviour and it allows the judge to consider other types of sentencing that would be more appropriate in light of the Aboriginal heritage of the offender.

Reference: 353, 354

[35] Your answer should mention any of the following:

negligence or wrongdoing on the part of the Crown or police with respect to the evidence or investigation;

loss of liberty;

loss of reputation;

loss of enjoyment of life (including property and potential income);

loss of civil rights;

the humiliation experienced;

the pain and suffering experienced; and,

the danger of physical assaults while in prison.

Reference: 325

[36] [C]

Reference: 310

[37] [E]

Reference: 302

[38] [B]

Reference: 312

[39] [E]

Reference: 269

[40] [E]

Reference: 305

[41] Provocation does not justify an act or exonerate a defendant, but it is a mitigating factor. If it is applied, it can reduce a first-degree charge involving specific intent (such as murder) to a lesser charge involving only general intent (such as manslaughter).

The provocation defence would be successful if it could be shown that an ordinary person would lose self-control under similar circumstances. It would not be successful if the victim were carrying out his or her lawful duty, if the initial provocation was carried out by the accused, or if it can be shown that an ordinary person would not lose self-control under similar circumstances.

Reference: 340

______

[42] This question requires that you address the issue of mensreaas a requirement for determining whether an offence is criminal as well as the increasing use of mental disorder as a defence. There would likely be a shift in sentencing so as to allow for greater use of medical/drug treatments, and the objectives of rehabilitation and denunciation would become problematic. The textbook discusses the possible use of DNA Identification Cards and Genetic Propensity Cards, which would lead to matters of privacy and matters of individual freedoms and their limitations (such as with regard to the right to bear children and appropriate sentencing). You might also speak to the need to have broader definitions for and wider use of such concepts as dangerous offenders and indeterminate sentencing.

Reference: many pages in different chapters

[43] Neurophysiological theorists concentrate on neurological dysfunctions and genetics in relation to crime. Neurological dysfunction describes dysfunction in brain activity while genetics have to do with inherited biological dysfunction.

Reference: 269

[44] [C]

Reference: 335

[45] [D]

Reference: 302