Name – Karn Engineer
Student ID - 159187186
CAN271- MID TERM ASSESSMENT July 2022
(Total 25- Marks)- (25% of final course mark). The mid term assessment is open book. (2.0 hours total
time) Please make sure you put your name on the document of the test submitted.
Name:
Part 1- Short Answers (13 marks total) You can answer in point form;
1.
In order to be convicted of a criminal offence, the prosecutor must prove two elements in relation to the
accused and the offence. They are: (2 marks)
The two elements need to prove to be convicted are:
 Actus Reus – This means the person engaged in criminal behaviour
 Mens Rea – This means the person had the state of mind for that crime.
These both needed to be proved by the prosecutor for a person to be convicted of a criminal offense.
2.
In order to claim self defence, you can only use force that is: (1 mark)
In order of self defense, you can only use force that is proportionate and reasonable. We can only use the
force for the purpose of self-defence or defense of another form which is permitted.
3.
The two Governments in Canada that are constitutionally bilingual in English and French are: (2 marks)
The two governments in Canada which are bilingual are The Government of Manitoba and The
Government of Quebec. You can use any language either English or French in Parliament and Court. Even
the laws are Bilingual.
4.
How many judges are on the Supreme Court of Canada? How many of those judges must be from Quebec?
(2 marks)
There are 9 judges on the Supreme Court of Canada. There must be 3 judges from Quebec.
5.
What does the criminal law defence of alibi mean? (1 mark)
Alibi is a form of evidence which refers to evidence that supports the claim that a person was not present
when the offense took place, rending his/her involvement impossible.
6.
The federal and provincial laws dealing with discrimination between individuals and businesses, not the
government, is called: (1 mark)
The Canadian Human Rights Act (RSC 1985 c H-6)
7.
Under the Charter, who has the constitutional right to vote? (1 mark).
Every Citizen of Canada has right to vote in an election.
8.
Under the Charter, who has the constitutional right to move and work in any area in Canada? (2 marks)
Under the Charter, every Citizen of Canada and a person who has the status of permanent resident of
Canada has the right to move and work in any area in Canada.
9.
As in many U.S. states, in Canada can private businesses refuse to provide service to LGBTQ people if the
owners of the business believe that would be OK to do so because of the business owner's religious rules?
(1 mark)
According to Ontario Human Rights Commission a private business cannot refuse a person to provide
service to LGBTQ people.
Part 2- Long Answer Question-(Total 12 marks)Please answer in paragraph form.
Please choose and answer 1 question only:
1. Of all of the rights and freedoms set out in the Canadian Charter of Rights and Freedoms, select
2 that you consider the most important and relevant and explain why you think so.
Ans - The two rights which I consider the most important and relevant are
 The Right to live and seek employment anywhere in Canada
 Equality rights for all
I consider these two rights the most important to me as these rights protect a person’s
opportunity of employment and makes sure a person is not facing any discrimination on the
base of his/her colour, sex, caste and nationality. As Canada is a land of immigrants the
right of equality makes sure no person faces any kind of discrimination in terms of
employment or obtaining any service from any business or person. In Canada many people
are from LGBTQ community and lots of people face hate and denial of service but the right
of equality protects that person’s right and if any employer or business owner does not
follow the right, he/she can face a jail time and fine.
The right to live and seek employment anywhere in Canada makes a person’s life so much
easy as he/she does not have to go through the long hassling process of change address and
notifying government about their change of provinces. A person can work from any
province for the purpose of better employment and no one can deny the opportunity of
employment or chance to change his/her province.
or
2. A conviction under the Criminal Code can only occur if the prosecution can prove the guilt
beyond a reasonable doubt, which can often result in people who actually committed the crime
being found not guilty. Do you think that the system should be changed to make it easier to convict
accused persons? Please explain why you would agree or disagree with the potential change.