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nat reso+law test2

a practaic for the natural resources and the law test 2 at fleming college

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