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nat reso+law test2
a practaic for the natural resources and the law test 2 at fleming college
| Question | Answer |
|---|---|
| Summary Hyrid Indictable | Three types of offences |
| mens rea strict liability absolute liability | Three class of offences |
| more serious max penalty set in law more formal process no limitation of action | Indictable Offence |
| less serious lower penalties | Summary Offence |
| Can be chosen by judge whether it is summary or indictable | Hybrid |
| You have a guilty mind Means knowledge or intent to commit a crime Recklessness can count in certain circumstances | Mens Rea |
| Two elements Actus Rea and Mens Rea | elements that are part of mens rea |
| actual physical elements of an offence ex. illegal deer in your tuck | Actus Rea |
| only need to prove actus rea to convict | Strict Liability |
| due diligence | Legal defence for strict liability |
| need to prove a guilty mind beyond a reasonable doubt | Legal defence for mens rea |
| if actus rea occured you are deemed guilty | Absolute Liability |
| accused did not committe the offence - act of God, act of Strangers, laitent defects actions of accused are excussed or justified - necessity, impossibility, statatory authority | Legal defence of absolute liability/actus rea defence |
| 1. Arraignment 2. Plea 3. Evidence 4. Argument 5. Judgement 6. Submission to Penalty 7. Penalty | Seven Steps to a Trial |
| Reading of charges | Arraignment |
| Can be instigated by the crown, the defence or both. | Appeals |
| Can appeal judgement or penalty | what can you appeal |
| You can't try the same person for the same offence twice. | Double Jepoardy |
| Supreem Court of Canada Provincial Supreem Court County or District Courts Provincial Courts Provincial offences Courts | Court Levels |
| 9 federally appointed Justices deal with criminal, civil and reference juristictions Highest court in Canada | Supreem Court of Canada |
| Federally appointed judges Highest provincial court Only deal with appeals | Provicial Supreem Court |
| Federally appointed judges performs trial and appeals, mostly appeals Serious criminal trials | County or District Courts |
| Provincially appointed judges Have youth, family, criminal and civil cases main court for day to day criminal offences | Provincial Courts |
| Provincially appointed justices of the peace Provincial statues Deals with 96% of crime committed in Canada | Provincial Offences Courts |
| Investigating Officer Prosecution Defence Judiciary (judges) | Four players in court proceedings |
| Must remain neutral. They do not have a personal stake in whether they win or lose. | Judge prosecutor |
| Does not have to share evidence | Defence |
| Anything relevant to the facts in issue, must be admissable by law (not inadmissable by law) must be collected lawfully | Evidence |
| Real Testimonial Documentary Demonstrative Direct Circumstancial Opinion | Types of evidence |
| Physical objects that are introduced to court by a witness Must maintain continuity (always keep track of it) | Real Evidence |
| Person in witness box, word of mouth by someone who heard or saw something relating to the case | Testimonial Evidence |
| Presentation of a written document/record. Usually introduced by a witness and then becomes an exibit. | Documentary Evidence |
| Items used to assist court in understanding ex. a photograph or video | Demonstrative Evidence |
| Proves the facts for which it was presented, must use the 5 senses | Direct Evidence |
| Tendered to prove not only the facts contained in evidence but additional facts as well (evidence that points in the direction of crime) Can only be used if there is no direct evidence | Circumstancial Evidence |
| What someone thinks happened. Generally an expert witness, can only give opinions in the field of their expertise. | Opinion Evidence |
| Person who is in physical possession of the premises or a person designated by the person who has possession | Occupier |
| When you go onto someones premises without their permission or engange in an activity they do not want you to or do not leave after you are asked to leave. | How do you trespass? |
| NO-GO Properties Oral or Written Permission Colour Markings Permissive Signs Prohibitive Signs | Methods to prohibit entry or activity |
| No Trespass | Red Dot |
| Limited Trespass | Yellow Dot |
| Must be greater than 10cm | Dot Size for colour marking |
| Federal Legislation 1985 | Fisheries Act |
| Includes fish, polarbears, walruses, basicaly anything that spends part of its life in marine ecosystems | Fish |
| Increase productive capacity (PC) of fisheries | Objective of Fisheries Act |
| Maintain current PC rehabilitate damaged PC improve and create habitat | Goals of Fisheries Act |
| No Net Loss | Guiding Principle of Fisheries Act |
| First Preference - prevent loss of PC Second Preference - replace the PC Third Preference - artifically create lost capacity with suppliments | No Net Loss Principle |
| Redesign - change design so it doesn't do damage Alternate Site - different location Minimize Damage - reduce impact | First Preference in No Net Loss Principle |
| Complex law with over 3000 legislations that are considered primary offences. | Ontario Fishing Regulations |
| Licensing Seasons Limits Transport | Primary Offences |
| Purpose is to protect, conserve, and restore the integrety of the environment and to provide for the sustainability of the environment and the right to a healthful environment. There are no offences in the Bill. | Environmental Bill of Rights (EBR) Provicial Legislation - Ontario S.O |
| Public Participation,Government Accountability,Environmental Commissioner,Request for Investigation,Request for Review, Access to the Courts, Employee Reprisal (consequence) | Seven Pillar of EBR |
| Government must alert the public about any environmetal policy, environmental regulation or environmental instrument | Public Participation |
| All government ministries that have an impact on the environmental can be held accountable by the public. Must have information posted for a minimum of 60 days before implementation. Must post a Statement of Environmental Values (SEV). | Government Accountability |
| Appointed by Govenor General for a 5 year term. Coordinates and oversees the EBR process. Is extreemly influencial on governments and policy | Environmental Commissioner of Ontario (ECO) |
| Two people, confidential. Think the policy is appropriate. Government must answer in writting. ECO will help you write this and teh application for investigation. | Application for Review |
| Two people required, confidential. Used if two or more people believe an environmental offence has been commited. Can be refused if not serious enough, frivolous or vexatious. | Application for Investigation |
| The right to sue. Cost of action payed by individuasl so expensive and not used very often. May have to pay other side if you lose. Only used 7 times since 1994. | Access to Courts |
| Employer cannot dismiss, discipline, penalize, coerce etc to an employee who shares information. The wistle-blower protection. | Employee Reprisal |
Created by:
Karubin
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