Law Review1103

Case Law Previous judicial decisions that form legal precedents.

Precedent (Stare Decisis) A court decision that influences or binds future decisions on the same issue or similar facts.

Binding Authority A mandatory precedent that a court must follow.

Persuasive Authority A discretionary precedent that a court may choose to follow.

R v. Stinchcombe Establishes that the Crown must provide the Defence with all evidence (full disclosure).

R v. Feeney Establishes legal requirements for police entering a dwelling to make an arrest.

R v. Garofoli Concerns legal standards for intercepting private communications.

Justice Model Focuses on the criminal act; punishment must fit the crime and be proportionate to the offense.

Deterrence Aims to prevent future crimes by ensuring punishment is certain, swift, and severe.

Selective Incapacitation Focuses on chronic offenders and separates "high-risk" individuals from society via incarceration.

Rehabilitation Focuses on treating root causes like social or psychological problems to support crime-free living after release.

Restorative Justice A non-punitive approach emphasising healing, reparations for victims, and community mediation.

Proportionality The fundamental principle that a sentence must be proportionate to the seriousness of the offense and the offender's degree of responsibility.

Sentence A legal sanction imposed by a judge following a criminal conviction.

Disposition The actual sanction applied during the sentencing process.

Pre-sentence Report (PSR) A document ordered by a judge and completed by probation officers detailing an offender's background and circumstances.

Mitigating Circumstances Factors that justify a more lenient sentence — e.g. first-time offender or disadvantaged background.

Aggravating Circumstances Factors that increase a sentence — e.g. use of violence, weapons, or vulnerability of the victim.

Concurrent Sentence Sentences for multiple offenses served at the same time.

Consecutive Sentence Sentences for multiple offenses served one after the other.

Absolute Discharge A finding of guilt where no conviction is registered and the offender is cleared.

Conditional Discharge A finding of guilt where the offender must follow probation conditions; once completed, it becomes an absolute discharge.

Three R Strategy Traditional policing based on Random preventative patrol, Rapid response, and Reactive investigation.

Kansas City Study Kansas City Response Time Study separately found that the speed of response had little effect on arrest rate.

Broken Windows Model Suggests that neighbourhood disorder and neglect signal that "no one cares," which invites serious crime.

Problem-Oriented Policing (SARA) A proactive model using Scan, Analysis, Response, and Assessment to solve community issues.

Community Policing Relies on partnerships between police and community members (schools, businesses) to reduce fear and solve problems.

Intelligence-Led Policing Emphasises data collection, informants, surveillance, and offender profiling.

Zero Tolerance Policing A rigid approach where police strictly enforce even minor offenses to maintain order.

Reasonable Grounds The legal standard required for an arrest — facts that would cause a prudent person to believe an offense occurred.

Investigative Detention The brief detention of an individual for investigation purposes without a formal arrest.

Arrest Requirements Police must state the reason for arrest, take physical control, and immediately provide the right to counsel and legal cautions.

Section 10(b) The Charter right to retain and instruct counsel without delay.

Legal Aid A government-supported system providing free legal services to individuals based on income and assets.

Summary Conviction Offences Minor criminal offenses.

Indictable Offences Serious criminal offenses.

Hybrid (Dual Procedure) Offences Offenses that can be prosecuted as either summary or indictable.

Crown Attorney A public official responsible for screening cases and proving guilt while maintaining an impartial role.

Plea Bargain An agreement where the accused pleads guilty in exchange for a benefit such as a reduced sentence or fewer charges.

Prima Facie Case A case where the Crown has presented sufficient evidence that, if believed and uncontested, could support a conviction.

Rules of Evidence The judge determines what evidence is admissible and whether it might unfairly bias the jury.

Closing Argument The process of summation and analysis of evidence provided to the jury at the end of a trial.