FSC101 Midterm| UTM Questions and Answers
S.12 of the Charter Correct Ans-Everyone has the right not to be subjected to any cruel and
unusual treatment or punishment.
S.13 of the Charter Correct Ans-A witness who testifies in any proceedings has the right
not to have any incriminating evidence so given used to incriminate that witness in any other
proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
S.14 of the Charter Correct Ans-A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are conducted or who is deaf has
the right to the assistance of an interpreter.
S.15(1) of the Charter Correct Ans-Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of the law without discrimination and,
in particular, without discrimination based on race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability.
S.15(2) of the Charter Correct Ans-Subsection (1) does not preclude any law, program or
activity that has as its object the amelioration of conditions of disadvantaged individuals or
groups including those that are disadvantaged because of race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability
S.24(1) of the Charter Correct Ans-Anyone whose rights or freedoms, as guaranteed by this
Charter, have been infringed or denied may apply to a court of competent jurisdiction to
obtain such remedy as the court considers appropriate and just in the circumstances.
, FSC101 Midterm| UTM Questions and Answers
S.24(2) of the Charter Correct Ans-Where, in proceedings under subsection (1), a court
concludes that evidence was obtained in a manner that infringed or denied any rights or
freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that,
having regard to all the circumstances, the admission of it in the proceedings would bring the
administration of justice into disrepute.
R v. Jordan 2016 Correct Ans-charged in Dec 2008 and his trial ended Feb 2013, brought in
s.11(b) application, seeking a stay of proceedings due to the delay
Jordan framework Correct Ans-what is considered a reasonable delay and inconveniences
of the criminal justice system: ceiling of presumptive delay: OCJ (18 mos) and SCJ (30 mos)
Jordan calculation Correct Ans-total time from charge to end of trial - defence delay -
exceptional circumstances = time
time > presumptive ceiling = valid
time < presumptive ceiling = invalid
What should the defence delay be? Correct Ans-informed, clear and unequivocal
credibility in court is... Correct Ans-believability
reliability in court is... Correct Ans-accuracy
, FSC101 Midterm| UTM Questions and Answers
admissibility in court is... Correct Ans-whether the evidence can be entered into court or
not
Who does the Charter applications apply to? Correct Ans-only to Parliament and the
Government of Canada to check their powers
Does the Charter applications apply to private actors? Correct Ans-no it doesn't, that's tort
law not public
R v. Grant Framework Correct Ans-3 part test to determine whether the impugned
evidence should be excluded under s.24(2) of Charter
What section of the charter applies to R v. Grant? Correct Ans-s.24(2)
R v. Grant Framework test Correct Ans-1) Seriousness of the Charter infringing state
conduct
2) Impact on the Charter protected interests of the accused
3) society's interest in the case being adjudicated on its merits
Is precedent binding? Correct Ans-Yes, precedent is binding.
, FSC101 Midterm| UTM Questions and Answers
Persuasive is legally binding Correct Ans-false
You should bow when entering/leaving the courtroom if there is a justice official sitting
Correct Ans-true
if the justice official is standing, there is a requirement to bow Correct Ans-false
you can have conversations in the courtroom Correct Ans-false
What shouldn't you pass in the courtroom? Correct Ans-NEVER pass the bar!
You should dress professionally and appropriately when attending court Correct Ans-true
You can't electronically record court proceedings but can manually Correct Ans-true
you can eat and drink if you get hungry in court Correct Ans-false
you should be prepared to ______________________ if the court asks about you Correct
Ans-address the court
you should hold the same decorum in Zoom/Online court as in person Correct Ans-true
S.12 of the Charter Correct Ans-Everyone has the right not to be subjected to any cruel and
unusual treatment or punishment.
S.13 of the Charter Correct Ans-A witness who testifies in any proceedings has the right
not to have any incriminating evidence so given used to incriminate that witness in any other
proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
S.14 of the Charter Correct Ans-A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are conducted or who is deaf has
the right to the assistance of an interpreter.
S.15(1) of the Charter Correct Ans-Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of the law without discrimination and,
in particular, without discrimination based on race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability.
S.15(2) of the Charter Correct Ans-Subsection (1) does not preclude any law, program or
activity that has as its object the amelioration of conditions of disadvantaged individuals or
groups including those that are disadvantaged because of race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability
S.24(1) of the Charter Correct Ans-Anyone whose rights or freedoms, as guaranteed by this
Charter, have been infringed or denied may apply to a court of competent jurisdiction to
obtain such remedy as the court considers appropriate and just in the circumstances.
, FSC101 Midterm| UTM Questions and Answers
S.24(2) of the Charter Correct Ans-Where, in proceedings under subsection (1), a court
concludes that evidence was obtained in a manner that infringed or denied any rights or
freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that,
having regard to all the circumstances, the admission of it in the proceedings would bring the
administration of justice into disrepute.
R v. Jordan 2016 Correct Ans-charged in Dec 2008 and his trial ended Feb 2013, brought in
s.11(b) application, seeking a stay of proceedings due to the delay
Jordan framework Correct Ans-what is considered a reasonable delay and inconveniences
of the criminal justice system: ceiling of presumptive delay: OCJ (18 mos) and SCJ (30 mos)
Jordan calculation Correct Ans-total time from charge to end of trial - defence delay -
exceptional circumstances = time
time > presumptive ceiling = valid
time < presumptive ceiling = invalid
What should the defence delay be? Correct Ans-informed, clear and unequivocal
credibility in court is... Correct Ans-believability
reliability in court is... Correct Ans-accuracy
, FSC101 Midterm| UTM Questions and Answers
admissibility in court is... Correct Ans-whether the evidence can be entered into court or
not
Who does the Charter applications apply to? Correct Ans-only to Parliament and the
Government of Canada to check their powers
Does the Charter applications apply to private actors? Correct Ans-no it doesn't, that's tort
law not public
R v. Grant Framework Correct Ans-3 part test to determine whether the impugned
evidence should be excluded under s.24(2) of Charter
What section of the charter applies to R v. Grant? Correct Ans-s.24(2)
R v. Grant Framework test Correct Ans-1) Seriousness of the Charter infringing state
conduct
2) Impact on the Charter protected interests of the accused
3) society's interest in the case being adjudicated on its merits
Is precedent binding? Correct Ans-Yes, precedent is binding.
, FSC101 Midterm| UTM Questions and Answers
Persuasive is legally binding Correct Ans-false
You should bow when entering/leaving the courtroom if there is a justice official sitting
Correct Ans-true
if the justice official is standing, there is a requirement to bow Correct Ans-false
you can have conversations in the courtroom Correct Ans-false
What shouldn't you pass in the courtroom? Correct Ans-NEVER pass the bar!
You should dress professionally and appropriately when attending court Correct Ans-true
You can't electronically record court proceedings but can manually Correct Ans-true
you can eat and drink if you get hungry in court Correct Ans-false
you should be prepared to ______________________ if the court asks about you Correct
Ans-address the court
you should hold the same decorum in Zoom/Online court as in person Correct Ans-true
