Canadian Criminal Law Practice Ethics
Exam Practice Questions And Correct
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1. A criminal defence lawyer in Canada is retained by a client charged
with aggravated assault. During a confidential meeting, the client
admits that he committed the offence and also reveals the location of
the weapon used in the assault, which police have not yet discovered.
The lawyer knows that the police are actively searching for the
weapon and may soon seek a warrant for the client’s residence. Which
of the following actions is most consistent with the lawyer’s
professional and ethical obligations?
A. Immediately disclose the location of the weapon to police to prevent
obstruction of justice
,B. Take possession of the weapon and permanently conceal it to protect
solicitor-client privilege
C. Advise the client regarding legal consequences while maintaining
confidentiality unless disclosure is legally required
D. Withdraw from representation and anonymously inform the Crown about
the weapon
C
The lawyer’s duty of confidentiality and solicitor-client privilege generally
prohibit disclosure of incriminating client communications unless an
exception applies, such as imminent risk of death or statutory compulsion.
Counsel may advise the client regarding lawful options but cannot
voluntarily reveal confidential admissions to authorities.
2. A Crown prosecutor learns shortly before trial that a key prosecution
witness previously gave a statement contradicting testimony expected
at trial. The prosecutor believes the contradiction weakens the case
significantly but does not entirely destroy credibility. What is the
prosecutor ethically required to do?
A. Withhold the statement because the prosecutor believes the accused is
guilty
B. Disclose the inconsistent statement promptly to defence counsel
C. Delay disclosure until after direct examination of the witness
,D. Seek judicial permission to avoid disclosure because it harms the
prosecution
B
Crown prosecutors in Canada have a constitutional and ethical duty to
disclose all relevant information, including exculpatory or potentially
impeaching evidence. Fairness and the accused’s right to make full answer
and defence require timely disclosure of inconsistent witness statements.
3. A defence lawyer represents two co-accused individuals charged with
conspiracy to traffic narcotics. Initially, both clients deny involvement.
Later, one client privately informs counsel that the other client was
the organizer of the operation. What is the lawyer’s best ethical
course of action?
A. Continue representing both clients because confidentiality prevents any
conflict
B. Reveal the statement to the second client to ensure fairness
C. Withdraw from representing both clients because a conflict of interest
has arisen
D. Continue acting only for the client who confessed first
C
, Joint representation becomes ethically impermissible when confidential
information from one client materially prejudices another client’s interests.
The lawyer cannot use or disclose confidential information and therefore
cannot effectively continue acting for both co-accused parties.
4. During plea negotiations, defence counsel knowingly tells the Crown
that the accused has no prior criminal record, despite knowing the
accused has multiple prior convictions in another province. Which
statement best reflects the ethical implications?
A. The statement is permissible because plea bargaining is adversarial
B. The lawyer may mislead the Crown if doing so benefits the client
C. The lawyer has breached professional obligations by knowingly making a
false statement
D. The lawyer’s conduct is acceptable if the Crown failed to investigate
independently
C
Lawyers owe duties of honesty and integrity to the court and other
participants in the justice system. Knowingly making false factual
representations during plea negotiations constitutes professional
misconduct regardless of adversarial context.
5. A defence lawyer receives disclosure materials containing intimate
photographs of the complainant in a sexual assault prosecution. A
Exam Practice Questions And Correct
Answers (Verified Answers) Plus
Rationale 2026 Q&A| Instant Download
1. A criminal defence lawyer in Canada is retained by a client charged
with aggravated assault. During a confidential meeting, the client
admits that he committed the offence and also reveals the location of
the weapon used in the assault, which police have not yet discovered.
The lawyer knows that the police are actively searching for the
weapon and may soon seek a warrant for the client’s residence. Which
of the following actions is most consistent with the lawyer’s
professional and ethical obligations?
A. Immediately disclose the location of the weapon to police to prevent
obstruction of justice
,B. Take possession of the weapon and permanently conceal it to protect
solicitor-client privilege
C. Advise the client regarding legal consequences while maintaining
confidentiality unless disclosure is legally required
D. Withdraw from representation and anonymously inform the Crown about
the weapon
C
The lawyer’s duty of confidentiality and solicitor-client privilege generally
prohibit disclosure of incriminating client communications unless an
exception applies, such as imminent risk of death or statutory compulsion.
Counsel may advise the client regarding lawful options but cannot
voluntarily reveal confidential admissions to authorities.
2. A Crown prosecutor learns shortly before trial that a key prosecution
witness previously gave a statement contradicting testimony expected
at trial. The prosecutor believes the contradiction weakens the case
significantly but does not entirely destroy credibility. What is the
prosecutor ethically required to do?
A. Withhold the statement because the prosecutor believes the accused is
guilty
B. Disclose the inconsistent statement promptly to defence counsel
C. Delay disclosure until after direct examination of the witness
,D. Seek judicial permission to avoid disclosure because it harms the
prosecution
B
Crown prosecutors in Canada have a constitutional and ethical duty to
disclose all relevant information, including exculpatory or potentially
impeaching evidence. Fairness and the accused’s right to make full answer
and defence require timely disclosure of inconsistent witness statements.
3. A defence lawyer represents two co-accused individuals charged with
conspiracy to traffic narcotics. Initially, both clients deny involvement.
Later, one client privately informs counsel that the other client was
the organizer of the operation. What is the lawyer’s best ethical
course of action?
A. Continue representing both clients because confidentiality prevents any
conflict
B. Reveal the statement to the second client to ensure fairness
C. Withdraw from representing both clients because a conflict of interest
has arisen
D. Continue acting only for the client who confessed first
C
, Joint representation becomes ethically impermissible when confidential
information from one client materially prejudices another client’s interests.
The lawyer cannot use or disclose confidential information and therefore
cannot effectively continue acting for both co-accused parties.
4. During plea negotiations, defence counsel knowingly tells the Crown
that the accused has no prior criminal record, despite knowing the
accused has multiple prior convictions in another province. Which
statement best reflects the ethical implications?
A. The statement is permissible because plea bargaining is adversarial
B. The lawyer may mislead the Crown if doing so benefits the client
C. The lawyer has breached professional obligations by knowingly making a
false statement
D. The lawyer’s conduct is acceptable if the Crown failed to investigate
independently
C
Lawyers owe duties of honesty and integrity to the court and other
participants in the justice system. Knowingly making false factual
representations during plea negotiations constitutes professional
misconduct regardless of adversarial context.
5. A defence lawyer receives disclosure materials containing intimate
photographs of the complainant in a sexual assault prosecution. A
