Criminal and Quasi-criminal Law Question Pack - Questions and Answers

1. Which of the following would typically not be disclosed by the Crown due to privilege?

  1. A recording of the accused’s statement.
  2. A witness’s prior convictions.
  3. Crown counsel’s internal legal strategy notes.
  4. Police field notes.

Correct Answer: C

Explanation: Crown legal memoranda and strategy materials are protected by solicitor, client and litigation privilege and are not disclosed.

2. Paralegal Sean is helping a client with bail pending a summary conviction appeal. What must he show?

  1. The client had no legal counsel at trial.
  2. The appeal raises new evidence and was filed on time.
  3. The appeal is arguable, the client will comply with conditions, and release is not against public interest.
  4. A Charter right was breached at sentencing.

Correct Answer: C

Explanation: Courts assess (1) the appeal’s merit, (2) the appellant’s reliability, and (3) the effect of release on justice and safety.

3. When can a court deny a paralegal’s request to withdraw for non-payment?

  1. If withdrawal would unfairly delay proceedings.
  2. If the paralegal doesn’t notify the client in writing.
  3. If the client refuses to sign a release.
  4. Only with permission from the Law Society.

Correct Answer: A

Explanation: The court may refuse withdrawal if it would prejudice the other side or disrupt the orderly progress of the case.

4. Who has the authority to create criminal law in Canada?

  1. The Supreme Court of Canada.
  2. Parliament of Canada.
  3. Provincial legislatures.
  4. Municipal councils.

Correct Answer: B

Explanation: Criminal law is exclusively under federal jurisdiction, as assigned by section 91(27) of the Constitution Act, 1867.

5. When may police search a vehicle for cannabis without a warrant under Ontario’s Cannabis Control Act?

  1. If the driver seems intoxicated by smell.
  2. If police smell cannabis inside the car.
  3. If they reasonably believe cannabis is present contrary to section 12.
  4. If a passenger discloses possession.

Correct Answer: C

Explanation: Section 12(3) permits warrantless search when police have reasonable and probable grounds to believe there’s cannabis possessed unlawfully.

6. Tanya seeks access to a complainant’s therapy records in a sexual offence case. What must she do?

  1. Request disclosure through the Crown.
  2. Apply to court using the O’Connor procedure.
  3. Rely on the Crown’s duty to disclose all relevant evidence.
  4. Ask the support centre to voluntarily provide the files.

Correct Answer: B

Explanation: Third-party records require a two-step court process under the O’Connor regime due to privacy concerns.

7. What section of the Charter protects against unreasonable search or seizure?

  1. Section 8.
  2. Section 7.
  3. Section 2.
  4. Section 11.

Correct Answer: A

Explanation: Section 8 ensures individuals are protected from intrusive state conduct unless authorized by law and reasonable.

8. What is the core purpose of Ontario’s Provincial Offences Act (POA)?

  1. To define criminal offences under the Criminal Code.
  2. To regulate court fees for small claims matters.
  3. To set procedures for prosecuting provincial and municipal offences.
  4. To empower police with federal arrest powers.

Correct Answer: C

Explanation: The POA is a procedural code for non-criminal offences such as traffic violations and municipal by-law infractions.

9. What principle underlies the Crown’s disclosure obligation?

  1. To ensure efficiency in criminal court scheduling.
  2. To promote transparency in police operations.
  3. To guarantee the accused’s right to make full answer and defence.
  4. To prepare the Crown for trial strategy.

Correct Answer: C

Explanation: Disclosure fulfills a constitutional duty rooted in section 7 of the Charter and supports fair trial rights.

10. Under Charter section 24(1), what must an applicant establish to obtain a remedy?

  1. That the police acted improperly under local policy.
  2. That a Charter breach occurred and the remedy is just.
  3. That the trial judge failed to explain the verdict.
  4. That the Crown had more evidence than was disclosed.

Correct Answer: B

Explanation: Section 24(1) allows remedies only if a Charter breach occurred and the remedy aligns with the interests of justice.

11. Mateo sees the Crown hasn’t elected how to proceed with a charge. What type of offence allows this?

  1. Indictable offence.
  2. Hybrid offence.
  3. Summary conviction offence.
  4. Strict liability offence.

Correct Answer: B

Explanation: Hybrid offences give the Crown discretion to choose between summary or indictable procedure based on case severity.

12. What defines an absolute liability offence under the POA?

  1. Proof of mental intent is required.
  2. The defendant may raise a due diligence defence.
  3. The offence requires no fault element once the act is proven.
  4. The justice must impose jail time if convicted.

Correct Answer: C

Explanation: Once the actus reus is proven, conviction follows, no defence based on intent, mistake, or care is permitted.

13. What happens in a reverse-onus bail hearing?

  1. The judge must explain why the accused can be detained.
  2. The prosecutor need not present evidence.
  3. The accused must demonstrate why detention is unnecessary.
  4. The Crown must prove the accused poses no risk.

Correct Answer: C

Explanation: In specified offences, the burden shifts to the accused to justify release on bail under section 515(6).

14. Which offence category allows the accused to argue due diligence?

  1. Absolute liability offence.
  2. Full mens rea offence.
  3. Strict liability offence.
  4. Indictable criminal offence.

Correct Answer: C

Explanation: Strict liability allows a defence of due diligence, showing reasonable steps were taken to avoid the prohibited act.

15. Which scenario could support a charge under section 364 (fraudulently obtaining services)?

  1. Handing a cashier exact change in coins.
  2. Pretending to pay with a knowingly worthless cheque.
  3. Staying in a motel that offers free rooms.
  4. Forgetting to tip after a meal.

Correct Answer: B

Explanation: Offering a worthless cheque for accommodation may constitute fraudulently obtaining service under section 364.

16. What is a primary purpose of a voir dire in a criminal trial?

  1. To determine the proper sentencing range.
  2. To decide whether an accused is fit to stand trial.
  3. To resolve admissibility of evidence before the trial judge.
  4. To record statements for appeal.

Correct Answer: C

Explanation: A voir dire allows the trial judge to rule on admissibility questions before the jury hears the evidence.

17. If Crown counsel withholds disclosure based on privilege, what must they do?

  1. Notify the judge in chambers and seal the records.
  2. Inform the defence and describe the nature of the withheld material.
  3. Destroy the material immediately.
  4. Transfer the records to a police storage facility.

Correct Answer: B

Explanation: The Crown must disclose the existence and general nature of the material, along with the basis for withholding it.

18. When may an accused appear by paralegal or agent at a summary conviction trial?

  1. Only if the Crown consents in writing.
  2. At all times unless the court requires personal attendance.
  3. Only when the accused is represented by duty counsel.
  4. Only during the sentencing phase.

Correct Answer: B

Explanation: Section 800(2) allows appearances by agent, but the court can require the accused to attend in person.

19. What is the function of a court reporter’s certificate in the summary conviction appeal process?

  1. To confirm that the trial transcript has been ordered or completed.
  2. To authorize the release of exhibits.
  3. To request rescheduling of the appeal.
  4. To show the trial judge was properly appointed.

Correct Answer: A

Explanation: Rule 40.08 requires filing the certificate to demonstrate that transcript preparation is underway or complete.

20. What is the difference between an information and an indictment?

  1. Informations are for youth; indictments are for adults.
  2. Informations are used in Ontario Court of Justice; indictments in Superior Court.
  3. Informations are used for sentencing; indictments are used for bail.
  4. There is no difference, they are interchangeable.

Correct Answer: B

Explanation: Informations start the case in provincial court; indictments are used when the case proceeds to Superior Court.

21. What can an accused appeal under section 813 of the Criminal Code after a summary conviction?

  1. Only the amount of costs awarded.
  2. The conviction, sentence, or other final order without leave.
  3. Only constitutional issues with prior permission.
  4. Only if the accused was self-represented.

Correct Answer: B

Explanation: Section 813 grants broad appeal rights from summary convictions without requiring leave of the court.

22. What distinguishes “taking a motor vehicle without consent” from theft?

  1. It does not require intent to permanently deprive the owner.
  2. It applies only if the vehicle is damaged.
  3. It is not a Criminal Code offence.
  4. It only applies to vehicles older than 10 years.

Correct Answer: A

Explanation: Section 335 criminalizes unauthorized temporary use, unlike theft, which requires intent to permanently deprive.

23. According to the OCJ Criminal Rules, when must pre-trial applications generally be heard?

  1. Immediately before trial begins.
  2. At least 30 days before the scheduled trial.
  3. During voir dire, unless the judge orders otherwise.
  4. At least 60 days before trial unless otherwise directed.

Correct Answer: D

Explanation: Rule 2.4 requires Charter or other applications be scheduled at least 60 days before trial, barring court direction.

24. Under section 719(3.1), what is the standard enhanced pre-sentence custody credit?

  1. One day for each day served.
  2. One and a half days for each day served.
  3. Two days for every one day served.
  4. Double credit only if detention conditions are unconstitutional.

Correct Answer: B

Explanation: Enhanced credit is commonly 1.5:1 when justified, recognizing harsher pre-sentence conditions.

25. What must be true for a guilty plea to be valid under section 606(1.1)?

  1. The accused must be represented by counsel.
  2. It must be witnessed by a court officer.
  3. The accused must understand the plea and admit essential elements.
  4. The accused must waive their right to disclosure.

Correct Answer: C

Explanation: A valid plea must be voluntary, informed, and admit the key elements of the offence.

26. What is a valid defence to trespassing at night under section 177?

  1. The accused wore identifiable clothing.
  2. The accused apologized after police arrived.
  3. The accused believed they had permission to be there.
  4. The accused didn’t stay long.

Correct Answer: C

Explanation: A belief in lawful authority or permission is a defence to trespassing offences.

27. In a standard bail hearing under section 515(1), who has the burden of proof?

  1. The defence must show why the client should be released.
  2. The surety must prove their financial reliability.
  3. The Crown must show why detention is necessary.
  4. The trial judge must assess risk without submissions.

Correct Answer: C

Explanation: Unless a reverse-onus applies, the Crown must show why the accused shouldn’t be released.

28. What may a judge do under section 683(5) regarding sentencing orders pending appeal?

  1. Convert a conditional sentence into a suspended one.
  2. Stay a fine, probation, or similar order.
  3. Order full restitution without delay.
  4. Strike down the conviction.

Correct Answer: B

Explanation: Pending appeal, a judge may stay enforcement of certain orders to prevent hardship or injustice.

29. When sentencing an Indigenous offender, what must be considered under section 718.2(e) and R. v. Gladue?

  1. The total number of prior offences.
  2. The offender’s community reputation.
  3. Systemic background and available community-based options.
  4. Whether a jury recommended leniency.

Correct Answer: C

Explanation: Gladue requires courts to consider unique systemic and historical factors and explore restorative alternatives.

30. What is required for a search to comply with section 8 of the Charter?

  1. Authorization by a reasonable law and conducted in a fair manner.
  2. Consent from a co-accused or third party.
  3. Presence of uniformed police during the search.
  4. Reasonable belief that a crime occurred nearby.

Correct Answer: A

Explanation: A lawful search must be authorized by valid law, backed by reasonableness, and executed in a proper manner.

31. When may a court order that a witness testify via video link in Canada?

  1. Only if the accused agrees.
  2. If it is appropriate based on cost, location, or personal circumstances.
  3. Only in sexual offence matters.
  4. When the witness is a minor.

Correct Answer: B

Explanation: Under section 714.1, remote testimony can be authorized when it's appropriate in the circumstances, there’s no automatic restriction by offence or age.

32. What does the principle of proportionality require in sentencing?

  1. That the judge consult a jury before sentencing.
  2. That the sentence fit the seriousness of the offence and the offender’s role.
  3. That sentences be identical for similar offences.
  4. That the maximum possible punishment always be considered.

Correct Answer: B

Explanation: Section 718.1 states that sentencing must reflect both the gravity of the offence and the moral blameworthiness of the offender.

33. When is simple possession under the CDSA a summary offence within a paralegal’s scope?

  1. If it's the accused’s first offence and the substance is from Schedule I–III.
  2. Any time the possession does not involve trafficking.
  3. Only if cannabis is involved.
  4. Whenever the police proceed by way of ticket.

Correct Answer: A

Explanation: Paralegals may represent clients on a first summary conviction for simple possession of Schedule I–III substances under section 4(1).

34. What time-related rule may be at issue when police execute a search warrant at 11:30 p.m.?

  1. Searches after dark require verbal consent from the accused.
  2. “Day” is defined as 6:00 a.m. to 9:00 p.m.; night searches need explicit authorization.
  3. The Criminal Code requires all searches to end by midnight.
  4. Nighttime warrants require two officers minimum.

Correct Answer: B

Explanation: Section 2 defines “day”; executing outside of that period requires a nighttime search authorization on the warrant.

35. According to section 718, what is the central goal of sentencing in Canada?

  1. To protect society and promote a just, peaceful, and safe society.
  2. To reflect popular public opinion and emotions.
  3. To set example sentences for future use.
  4. To punish all offences equally across jurisdictions.

Correct Answer: A

Explanation: Sentencing must ensure respect for the law and contribute to social order and safety through fair sanctions.

36. What must courts prioritize when imposing bail conditions?

  1. The inclusion of monetary bail.
  2. The least restrictive measures appropriate to the situation.
  3. A curfew and reporting schedule for all accused.
  4. Electronic monitoring to ensure compliance.

Correct Answer: B

Explanation: Section 493.1 emphasizes minimizing restrictions, conditions must be tailored and necessary, not automatic.

37. Which best describes a “highway” under the HTA?

  1. Any path on private land.
  2. A route subject to speed enforcement.
  3. Any public area used for vehicle travel.
  4. A road designated as such by a by-law.

Correct Answer: C

Explanation: Section 1(1) defines a “highway” broadly, encompassing streets, lanes, sidewalks, and other public vehicle routes.

38. What is a valid defence for drug possession during a medical emergency?

  1. The person sought or stayed at the scene while help was sought.
  2. The drug was consumed for personal pain relief.
  3. The drugs were not yet scheduled at the time.
  4. The accused was unaware they were in possession.

Correct Answer: A

Explanation: Section 4.1 shields individuals from prosecution when they seek or stay at an overdose scene to obtain emergency help.

39. What must the Crown prove in a charge of causing a disturbance under section 175?

  1. That police had to intervene immediately.
  2. That someone in a public place was actually disturbed.
  3. That a loud noise occurred late at night.
  4. That the accused raised their voice or swore.

Correct Answer: B

Explanation: Actual disturbance of someone in or near a public place is a required element of the offence, not merely loud or disruptive conduct.

40. When can a person with a mental disability testify in a criminal proceeding?

  1. If they take an oath and are of legal age.
  2. If they can understand the duty to tell the truth and communicate the evidence.
  3. Only with the Crown’s express consent.
  4. If the trial is not by jury.

Correct Answer: B

Explanation: Section 16 of the Canada Evidence Act requires that the witness understands the obligation to tell the truth and is able to provide intelligible evidence.

41. What is the purpose of a judicial pre-trial (JPT) in the Ontario Court of Justice?

  1. To determine the accused’s guilt.
  2. To allow witnesses to give preliminary testimony.
  3. To promote a fair and expeditious hearing.
  4. To compel the accused to change their plea.

Correct Answer: C

Explanation: Judicial pre-trials, under section 625.1, are designed to address issues early and promote efficiency, fairness, and resolution where appropriate.

42. What does section 11(e) of the Charter protect in relation to bail?

  1. The right to release after three court appearances.
  2. The right to be denied bail in certain cases.
  3. The right not to be denied reasonable bail without just cause.
  4. The right not to be arrested in private.

Correct Answer: C

Explanation: Section 11(e) protects against arbitrary denial of bail and reinforces the presumption of innocence.

43. What must a judge find before admitting a youth’s video-recorded statement under section 715.1?

  1. That it was made shortly after the offence and adopted during testimony.
  2. That both Crown and defence agree in writing.
  3. That the youth made the statement overseas.
  4. That the statement was recorded in front of a jury.

Correct Answer: A

Explanation: The judge must be satisfied that the statement was made near in time to the incident and that it is adopted during court testimony.

44. Which of the following best describes a hybrid offence under the Criminal Code?

  1. Punishable only by life imprisonment in Superior Court.
  2. A minor summary offence with a 6-month maximum.
  3. An offence where the Crown can choose indictment or summary.
  4. An offence under both criminal and provincial statutes.

Correct Answer: C

Explanation: A hybrid offence allows the Crown to elect whether to proceed summarily or by indictment, depending on the case. Until that decision, it's treated procedurally as indictable.

45. What is the general time limit for laying an information in a summary conviction matter?

  1. 30 days.
  2. 6 months.
  3. 1 year.
  4. No time limit.

Correct Answer: C

Explanation: Section 786(2) of the Criminal Code limits most summary conviction offences to a one-year window unless otherwise provided.

46. Paralegal Dev is explaining “illicit cannabis” under the Cannabis Act. What qualifies as illicit?

  1. Cannabis gifted to someone over the age of 19.
  2. Cannabis grown at home under the legal limit.
  3. Cannabis produced or distributed by an unauthorized source.
  4. Cannabis bought from a licensed provincial retailer.

Correct Answer: C

Explanation: “Illicit cannabis” refers to product obtained through unlicensed or unauthorized channels under applicable laws.

47. When may a judge reject a joint sentencing submission according to R. v. Anthony-Cook?

  1. If the judge prefers a different sentence.
  2. Only when the trial hasn’t started.
  3. If it would bring the administration of justice into disrepute.
  4. If the accused withdraws their guilty plea.

Correct Answer: C

Explanation: Judges must apply the “public interest” test and should only reject joint submissions that risk undermining confidence in the justice system.

Case 1

Kevin, a college student, was walking home from a friend’s house. Along the way, he cut across private property behind a residential neighborhood and passed out near a shed due to intoxication. Minutes later, he was confronted by a homeowner and tried to flee. The police arrived and discovered Kevin near the street, slurring speech, holding a screwdriver, and smelling of alcohol. He was arrested and charged with multiple offences, including trespassing at night, possession of break-in instruments, and failing to appear at his scheduled court date.

Questions 48 to 50 refer to Case 1

48. Which of the following best describes the critical elements the Crown must prove to convict Kevin of trespassing at night under section 177 of the Criminal Code?

  1. Kevin unlawfully broke into the shed and attempted to remove property.
  2. Kevin entered private property during the day to retrieve a lost item.
  3. Kevin loitered or prowled near a dwelling house at night without lawful excuse.
  4. Kevin caused a disturbance in a public place while intoxicated.

Correct Answer: C

Explanation: Section 177 criminalizes loitering or prowling near a dwelling house during nighttime without lawful excuse. The offence is complete without requiring intent to commit further acts like theft or mischief.

49. Kevin is later charged with possession of break-in instruments. If the police wish to proceed with this hybrid offence by indictment and transfer the matter to the Superior Court of Justice, what must occur procedurally?

  1. The judge must sign a new information document for the Ontario Court of Justice.
  2. The police must update Kevin’s release order with additional charges.
  3. Crown counsel must draft and file an indictment for the Superior Court.
  4. Kevin must consent to the re-election of trial mode before a jury.

Correct Answer: C

Explanation: Hybrid offences begin with an information in the Ontario Court of Justice. If the Crown elects to proceed by indictment, it must draft and file an indictment (Form 4) to move the case to Superior Court jurisdiction.

50. Kevin was released on an undertaking to appear in court, but he missed his court date. He claims he forgot. Under the Criminal Code, which of the following best explains Kevin’s legal position?

  1. He cannot be convicted because he wasn’t given a personal reminder of the date.
  2. Forgetting the date is not a lawful excuse and is automatically considered wilful non-compliance.
  3. Forgetting can constitute a lawful excuse if the court finds his belief honest and reasonable.
  4. He will be presumed guilty of contempt of court and be fined automatically.

Correct Answer: C

Explanation: As clarified in R. v. Zora, forgetting may amount to a lawful excuse if the court finds Kevin’s belief to be honest and reasonably held. The Crown must prove he knew, or was reckless about, his obligation to attend.