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Criminal Justice System (Criminal Trial (Evidence - an assertion of fact,…
Criminal Justice System
Canadian Charter of Rights and Freedoms - the supreme law of Canada, which outlines our fundamental freedoms and basic rights
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Crime Control Model - protects the public through the capture, prosecution and conviction of offenders
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Constitutional Law - a form of public law referring to laws that identify the powers and limitations of the government and how the powers are exercised
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Civil Law - overarching term for all areas of private law that regulate private individuals and groups in our society
Administrative Law - a form of public law that addresses the actions of government and government agencies
Court System
Courts of Appeal - hears the appeals from decisions that we made in lower courts based on criminal or civil law
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Federal Courts - responsible for adjudication matters that stem from federal laws. These include cases related to taxation, immigration, citizenship, copyright and any cases that involved any Crown corporation or federal government department
Provincial/Territorial Courts - hear matters related to criminal law, family law, young offenders, traffic offences and small claims
The Supreme Court of Canada - highest court in Canada. Appeal Court that has jurisdiction over all areas of law. A decision made is final.
Defences in Canada
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Common Law Defences - defences that have been created through case law and authorised in the Criminal Code
Alibi - the accused denies the facts presented and has an alibi for the date and time of the offence
Procedural Law
Autrefois acquit - formally acquitted and refers to the rule that a person cannot be tried for the same offence more than once.
Autrefois convict - formally convicted and refers to a rule that a person cannot by tried for the same offence more than once
Duress - there are both common law and statutory versions of the defence whereby the accused asserts that he or she was compelled to commit the crime by threats or immediate death or bodily harm
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Criminal Trial
Evidence - an assertion of fact, opinion, belief or knowledge
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Wrongfully Convicted
Steven Truscott - Steven Murray Truscott is a Canadian man who was sentenced to death in 1959 for the rape and murder of classmate Lynne Harper. Truscott had been the last person to see her alive. He was scheduled to be hanged; however, the federal cabinet reprieved him and he was sentenced to life in prison and released on parole in 1969. Five decades later, in 2007, his conviction was overturned on the basis that key forensic evidence was weaker than had been portrayed at trial.
David Milgaard - David Milgaard is a Canadian who was wrongfully convicted for the rape and murder of nursing assistant Gail Miller. He was released and compensated after spending 23 years in prison.
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