FSC101 MIDTERM- TEST ACTUAL QUESTIONS AND VERIFIED

FSC101 MIDTERM- TEST (ACTUAL / ) QUESTIONS AND VERIFIED

CORRECT ANSWERS

Canadian Bill of Rights s.c 2015, c.13, s.2 - ---Answers---- Right to information

• Right to privacy, identity protection
• Right to give input, provide Victim Impact Statement
• Right to request restitution

Who is a victim? - ---Answers---A person who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence against any other person

Primary victim - ---Answers---Actual victim, the survivor

Secondary Victims - ---Answers---Usually family members, friends, neighbors, Colleagues

Types of Testimonial Aids - ---Answers---- Screen

• Support person-V/WAP
• Support Dogs - St. John Ambulance Support Dog Program

Prosecutor's Obligations under the Charter - ---Answers---Section 7:

A prosecutor (Crown) has a constitutional obligation under s.7 of the Charter to act independently of unbiased concerns and other improper motives

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Abuse of Process - ---Answers---a Crown's action can result in this, an example would be oppressive or vexatious proceedings. This could result in charges being stayed by the court because principles of fundamental justice have been violated.

Remember that the accused is - ---Answers---a member of the public

What should be considered about an accused - ---Answers---- The strength of the Crown's case - the gulf between RPC and BARD (beyond a reasonable doubt)

- Public safety and/or public interest: elder abuse

• Witness issues

Crown Discretion - ---Answers---- The police lay charges but the crown decides whether or not to prosecute. They must have a reasonable prospect of conviction to proceed. They must consider the public interest in proceeding.

What's a preliminary hearing? - ---Answers---happens in provincial court, only applies to indictable offences.

Why is preliminary hearing not a trial? - ---Answers---Because the Crown only has to call enough evidence to show that the person could be found guilty if the matter is sent up to the Superior Court

Committal for trial - ---Answers---Sending the matter up to the Superior Court for a trial by judge and jury OR judge alone

The Sheppard Test - ---Answers---"whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty" 2 / 3

Recent Changes in the Law Regarding Preliminary - ---Answers---Bill C-75, a preliminary hearing is now only available for indictable offences where the maximum sentence is for 14 years or more

Criminal Organization Defined s. 467.1 - ---Answers---A group, however organized that

• is composed of three or more persons, in or outside Canada
• Has one of its main purposes or main activities, the "facilitation" or

"commission of serious offences"

• That, if committed, would likely result in the direct/indirect receipt of a

material benefit, including a financial benefit;

• By the group or any of the persons who constitute the group

Criminal Organization Offences - ---Answers---Participating, Committing, Instructing and Recruiting

Participating (s.467.11) - ---Answers---Sentence up to 5 ys jail. You do not need to be a member, but do need to know you are enhancing the ability of the criminal organization to commit indictable offence (helping)

Committing (s.467.12) - ---Answers---Up to 14 ys. No need to be a member, an underlying criminal offence is required, that was committed for, in association with or at direction of the criminal organization.

Instructing (s.467.13) - ---Answers---Up ti life imprisonment.Membership is required, instructing any offence under any act of Parliament

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