Criminal and Quasi-Criminal sample questions

Answer: C. imprisonment up to six months and suspension up to two years.

Section 130(2) of the Highway Traffic Act makes a person convicted of careless driving under s. 130(1) liable to a fine, to imprisonment for a term of not more than six months, or to both, and the court may in addition suspend the driver's licence or permit for not more than two years. (A) Two years' imprisonment and a five-year suspension are the maximums under s. 130(4), which applies only to careless driving that causes bodily harm or death under s. 130(3). (B) Two years less a day is the general penalty for a Criminal Code summary conviction offence under s. 787(1); the Highway Traffic Act sets its own penalty and expressly allows a suspension. (D) The six-month term is right, but s. 130(2) also permits a licence suspension of up to two years.

Answer: A. try her in absence, or adjourn and issue a summons or warrant.

Under s. 54(1) of the Provincial Offences Act, where a defendant does not appear for a hearing and the prosecutor proves that a summons was served, the court may hear and determine the proceeding in her absence, or adjourn the hearing and, if it thinks fit, issue a summons or a warrant for her arrest. (B) A conviction without a hearing at the set fine is the Part I rule in s. 9.1, which displaces s. 54 only where a notice of trial was issued on a certificate of offence. (C) Under s. 54(2), once the court proceeds in her absence, the Attorney General's consent is needed to prosecute her for failing to appear, not to try the original charge. (D) Section 53(1) allows dismissal or adjournment on terms when the prosecutor, not the defendant, fails to appear.

Answer: D. Initial disclosure should precede your client being called on to plead.

In R v Stinchcombe, [1991] 3 SCR 326, the Supreme Court of Canada held that the Crown's duty to disclose is triggered by a request by or on behalf of the accused and that initial disclosure should occur before the accused is called on to elect or plead, so that the accused has time to consider it. Your client should not be pressed to plead until the request is answered. (A) The duty arises on a timely request after the charge, not when a trial date is set, and it continues as new information comes in. (B) No order is needed; the request itself triggers the duty, and the trial judge reviews the Crown's discretion only if disclosure is refused or delayed. (C) Stinchcombe holds that the defence has no obligation to assist the prosecution; the duty runs one way.

Answer: B. file the notice of appeal with an application to extend time.

A Part I appeal requires a notice of appeal filed within 30 days (s. 135(2) of the Provincial Offences Act). Section 85(1) lets the court extend any time fixed by the Act, other than for commencing a proceeding, whether or not it has expired, and s. 135(2.1) allows you to file the notice of appeal at the same time as the s. 85 application. Only one such application may be made per conviction (s. 85(2)). (A) Section 11 reopening is for a defendant convicted without a hearing; your client had a trial. (C) The bar on extensions in s. 85(1) applies only to commencing a proceeding, not to an appeal. (D) Section 139 allows a leave appeal to the Court of Appeal only from the s. 135 appeal judgment.