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Ontario Paralegal Licensing study materials
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Ontario Paralegal Licensing practice questions

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Question 1Ethics and Professional Responsibility

A paralegal completes a Small Claims Court matter for a client. Two years later, the former client's opposing party asks the paralegal what the client said during the retainer. What is the paralegal's primary professional obligation?

  1. Seek the Law Society's permission before deciding.
  2. Disclose only if the opposing party promises not to share it.
  3. Disclose the information because the retainer has ended.
  4. Maintain the former client's confidentiality indefinitely. Correct answer.

Explanation

The duty of confidentiality continues after the retainer ends and is not terminated by the passage of time. A paralegal may disclose confidential information only in limited circumstances, such as with consent or where required by law.

Question 2Ethics and Professional Responsibility

A paralegal previously advised a client about a commercial lease. The client now asks the paralegal to act against that former client in an unrelated personal injury claim. The former client's confidential information from the lease matter is not relevant. Can the paralegal act?

  1. No, because a paralegal may never act against a former client in any circumstance.
  2. Yes, but only if the former client signs a written waiver after the fact.
  3. No, unless the Law Society grants written permission.
  4. Yes, because the matter is unrelated and no confidential information is at risk. Correct answer.

Explanation

A paralegal may act against a former client where the new matter is unrelated and no confidential information from the former retainer could be used to the former client's disadvantage. The duty of loyalty to a former client is not absolute.

Question 3Ethics and Professional Responsibility

A paralegal knows that a document relied on by the client in a Small Claims Court trial is a forgery. The client insists the paralegal present it. What must the paralegal do?

  1. Present the document and let the court assess its authenticity.
  2. Refuse to present the document and, if necessary, withdraw. Correct answer.
  3. Ask the opposing party whether they object to the document.
  4. Present the document but avoid asking the client about it.

Explanation

A paralegal must not knowingly present false evidence or mislead the tribunal. If the client insists on presenting a forged document, the paralegal must refuse and, if necessary, withdraw.

Question 4Ethics and Professional Responsibility

In a Provincial Offences matter, the prosecutor is represented by a licensed paralegal. The client asks the paralegal to call the prosecutor directly to discuss a plea. What should the paralegal do?

  1. Call the prosecutor directly because plea discussions are informal.
  2. Obtain the client's written consent and then call.
  3. Send the client to call the prosecutor directly.
  4. Communicate through the prosecutor's licensee absent consent. Correct answer.

Explanation

A paralegal must not communicate directly with a party known to be represented by a licensee about the matter, unless the licensee consents. Plea discussions should be conducted through the prosecutor's licensee.

Question 5Ethics and Professional Responsibility

A paralegal gives an undertaking to opposing counsel to provide a document by Friday. On Thursday the paralegal realizes the document cannot be obtained in time. What is the proper course?

  1. Provide a different document in place of the promised one.
  2. Do nothing until opposing counsel asks about the document.
  3. Withdraw from the matter without telling opposing counsel.
  4. Notify opposing counsel promptly and seek an extension. Correct answer.

Explanation

An undertaking is a personal and professional promise that must be honoured promptly. If it cannot be met, the paralegal must notify the recipient promptly and seek a reasonable extension or alternative.

Question 6Ethics and Professional Responsibility

A client has not paid an interim account. The matter is set for a hearing in five days. The paralegal wants to withdraw for non-payment. What is required?

  1. Withdraw only with the court's permission.
  2. Give reasonable notice and time to retain new counsel. Correct answer.
  3. Withdraw immediately because non-payment is just cause.
  4. Continue to act until the final account is unpaid.

Explanation

Non-payment is just cause for withdrawal, but the paralegal must give reasonable notice and enough time for the client to retain new counsel. If the matter is before a tribunal, the paralegal may also need leave to withdraw.

Question 7Ethics and Professional Responsibility

A paralegal agrees to act on a contingency fee in a tribunal matter. What is required for the fee arrangement?

  1. It must be set out in writing and explained to the client. Correct answer.
  2. It may be oral if the client agrees in front of a witness.
  3. It must be approved by the tribunal before work begins.
  4. It must be limited to a fixed percentage set by the Law Society.

Explanation

Contingency fee arrangements must be set out in writing and explained to the client. The agreement should make clear how the fee is calculated and what disbursements are payable.

Question 8Ethics and Professional Responsibility

A paralegal wants to thank a friend who owns a translation business for referring a client by paying a share of the fee. What does the Rules permit?

  1. No referral fee may be paid to anyone for any reason.
  2. A referral fee may be paid only to a licensed paralegal or lawyer. Correct answer.
  3. A referral fee may be paid if it is reasonable and disclosed.
  4. A referral fee may be paid to anyone if the client consents.

Explanation

A paralegal may pay a referral fee to another licensee, but may not share fees with a non-licensee. Paying a translation business for a referral would be improper fee-sharing.

Question 9Ethics and Professional Responsibility

A paralegal's advertisement says: 'We guarantee you will win your Small Claims Court case.' Is this permitted?

  1. No, because it guarantees a result. Correct answer.
  2. Yes, if a disclaimer appears in small print.
  3. No, because paralegals may not advertise at all.
  4. Yes, if the statement is true for most cases.

Explanation

Advertising must not be false or misleading, and a guarantee of results is misleading because outcomes cannot be guaranteed. Small-print disclaimers do not cure the misleading statement.

Question 10Ethics and Professional Responsibility

A paralegal who has completed a course in landlord-tenant law wants to advertise as a 'specialist' in that area. What is the rule?

  1. Any paralegal may advertise as a specialist after five years.
  2. The term specialist may be used if the paralegal has a university degree.
  3. The term specialist may be used only if certified by the Law Society. Correct answer.
  4. The term specialist may never be used in advertising.

Explanation

A paralegal may use the term 'specialist' only if certified as a specialist by the Law Society. Additional courses or degrees do not authorize the term.

Question 11Ethics and Professional Responsibility

A paralegal receives a client's advance retainer. Which statement about handling the money is correct?

  1. It must be held in a trust account separate from the paralegal's funds. Correct answer.
  2. It must be sent to the Law Society for safekeeping until the matter ends.
  3. The money may be deposited into the general business account.
  4. The money may be used for office expenses until the client is billed.

Explanation

Client money must be held in a trust account separate from the paralegal's own funds and used only for the client's purposes. It cannot be used for office expenses before the client is billed.

Question 12Ethics and Professional Responsibility

A client asks a paralegal to handle a complex constitutional appeal that is outside the paralegal's knowledge and experience. What should the paralegal do?

  1. Refer the matter to a licensee with the necessary competence. Correct answer.
  2. Accept the matter only if the client pays a higher fee.
  3. Accept the matter and rely on the client to research the issues.
  4. Accept the matter and learn the law as the case proceeds.

Explanation

A paralegal must be competent to handle the matter and must not accept work beyond their competence. The proper step is to decline or refer the client to a licensee with the necessary skill.

Question 13Ethics and Professional Responsibility

A paralegal learns that another paralegal has been misappropriating client trust funds. What does the Rules of Conduct require?

  1. Report the matter to the client's insurance company.
  2. Confront the other paralegal and keep the matter private.
  3. Report the matter to the Law Society. Correct answer.
  4. Wait until a client complains before taking action.

Explanation

A paralegal must report to the Law Society any licensee whose conduct raises a serious concern about honesty or trustworthiness. Misappropriation of trust funds is such a matter.

Question 14Ethics and Professional Responsibility

The Law Society sends a paralegal a written request for information about a client complaint. The paralegal believes the complaint is unfounded. What must the paralegal do?

  1. Refuse to reply because the complaint is unfounded.
  2. Ask the client to reply on the paralegal's behalf.
  3. Reply promptly and provide the requested information. Correct answer.
  4. Ignore the request until the client sues.

Explanation

A paralegal must respond promptly and completely to Law Society requests for information, even if the paralegal believes the complaint is unfounded. The complaint's merits are decided later.

Question 15Ethics and Professional Responsibility

Two clients ask a paralegal to act for both in the same Small Claims Court matter. Their interests are aligned at the outset. What must the paralegal do before accepting?

  1. Disclose the joint retainer and its implications, and obtain consent. Correct answer.
  2. Ask the court to appoint a mediator before accepting.
  3. Accept without discussion because the clients agree.
  4. Act for one client only and tell the other to find another paralegal.

Explanation

When accepting a joint retainer, the paralegal must disclose the joint retainer and its implications, including that information may be shared, and obtain the clients' consent. If a conflict later arises, the paralegal may have to withdraw.

Question 16Ethics and Professional Responsibility

A former client tells a paralegal in confidence that he intends to seriously harm his neighbour. The threat is specific and credible. What does the Rules permit?

  1. Say nothing because confidentiality is absolute after the retainer.
  2. Disclose the information only if the client signs a waiver.
  3. Report the statement to the Law Society but not to the police.
  4. Disclose the information to the extent necessary to prevent the harm. Correct answer.

Explanation

Confidentiality is not absolute. A paralegal may disclose confidential information to the extent necessary to prevent death or serious bodily harm, including to the police where appropriate.

Question 17Ethics and Professional Responsibility

During a hearing, a paralegal realizes that a witness's answer, which the paralegal did not know was false when elicited, has left the tribunal with a misleading impression. What is the paralegal's duty?

  1. Do nothing because the witness gave the answer.
  2. Correct the misleading impression promptly and candidly. Correct answer.
  3. Wait to see whether the opposing party corrects it.
  4. Ask for an adjournment and then withdraw silently.

Explanation

A paralegal must correct a misleading impression left with the tribunal, even if the misleading answer was not knowingly elicited. The duty of candor continues throughout the hearing.

Question 18Ethics and Professional Responsibility

A paralegal discovers that the client has lied about a material fact. The client insists on continuing. The trial is in two days. What is the proper approach?

  1. Continue to act and avoid relying on the false fact.
  2. Withdraw immediately without any explanation to the court.
  3. Seek leave to withdraw and take steps to avoid prejudice to the client. Correct answer.
  4. Tell the opposing party about the lie but continue to act.

Explanation

A paralegal must not continue to act on evidence the client insists is false. The proper course is to seek leave to withdraw and take reasonable steps to avoid prejudice to the client.

Question 19Ethics and Professional Responsibility

A paralegal is asked to act for a client in a claim against a company in which the paralegal owns shares. What is the proper response?

  1. Decline because the paralegal has a personal financial interest. Correct answer.
  2. Accept if the shares are a small part of the portfolio.
  3. Accept and vote the shares in the client's favour.
  4. Accept if the client is told after the retainer begins.

Explanation

A paralegal must avoid conflicts between the client's interests and the paralegal's own interests. A personal financial interest in the opposing company creates a conflict that cannot be cured by disclosure alone.

Question 20Ethics and Professional Responsibility

A paralegal's assistant, who is not licensed, routinely gives clients legal advice about their claims. What must the paralegal do?

  1. Report the assistant to the police.
  2. Allow it if the assistant has ten years of experience.
  3. Stop the assistant and ensure that only licensees give legal advice. Correct answer.
  4. Ask clients to confirm they understand the advice is informal.

Explanation

A paralegal must supervise non-licensee staff and ensure they do not provide legal advice. Allowing an unlicensed assistant to advise clients may constitute unauthorized practice.

Question 21Ethics and Professional Responsibility

A paralegal is retained for a Small Claims Court matter. When must the basis of the fees be disclosed?

  1. After the first court appearance.
  2. Only when the final account is delivered.
  3. Only if the client asks for an estimate.
  4. At the start of the retainer, preferably in writing. Correct answer.

Explanation

A paralegal must disclose the basis of fees at the start of the retainer, preferably in writing. The client should understand how fees will be calculated and what disbursements may be incurred.

Question 22Ethics and Professional Responsibility

A paralegal is served with a subpoena for a client's confidential file. What is the proper response?

  1. Destroy the file before the hearing.
  2. Comply with the subpoena as required by law. Correct answer.
  3. Send the file to the client's family.
  4. Ignore the subpoena because the file is confidential.

Explanation

A paralegal may disclose confidential information when required by law or a court order. A subpoena must be complied with, although the paralegal may take steps to protect the client's interests.

Question 23Ethics and Professional Responsibility

A paralegal is asked to act for a client in a matter where the paralegal's spouse is the opposing party. What should the paralegal do?

  1. Accept if the client consents after the retainer begins.
  2. Accept because the spouse's interest is separate from the paralegal's.
  3. Decline because the personal relationship creates a conflict. Correct answer.
  4. Accept and ask the spouse to stay out of the matter.

Explanation

A close personal relationship between the paralegal and the opposing party creates a conflict of interest. The paralegal should decline the retainer.

Question 24Ethics and Professional Responsibility

A client asks a paralegal to represent him on an indictable offence in the Superior Court of Justice. What should the paralegal do?

  1. Accept and consult a lawyer only if the client asks.
  2. Accept because the client has agreed to pay the fee.
  3. Decline and explain that the matter is outside a paralegal's scope. Correct answer.
  4. Accept and limit the retainer to the summary conviction matters.

Explanation

A paralegal's scope of practice does not include indictable offences in the Superior Court of Justice. The paralegal must decline and explain the limit.

Question 25Ethics and Professional Responsibility

An opposing paralegal sends a discourteous email. How should the paralegal respond?

  1. Copy the client on a rude reply.
  2. Reply in the same tone to show strength.
  3. Respond courteously and professionally. Correct answer.
  4. Report the email to the Law Society immediately.

Explanation

A paralegal must be courteous and professional in dealings with other licensees. Responding discourteously can itself be a breach of the Rules.

Question 26Ethics and Professional Responsibility

A paralegal's business card describes her as an 'Attorney at Law'. How does the Rules of Professional Conduct treat this description?

  1. She must not use the title; she may describe herself only as a paralegal or licensed paralegal. Correct answer.
  2. She may use the title when the matter is within the Small Claims Court.
  3. She may use the title if her client agrees to it in writing.
  4. She may use the title if the card also states that she is not a lawyer.

Explanation

Licensees must not use titles or descriptions that suggest they are lawyers, because the terms 'lawyer' and 'attorney' are reserved for members of the bar. A paralegal may use only the designations permitted by the Law Society, such as 'paralegal' or 'licensed paralegal'. A misleading title breaches the rules no matter what the client agrees to.

Question 27Ethics and Professional Responsibility

A paralegal gives opposing counsel a written undertaking to produce a document by Friday. On Thursday the paralegal realizes the document will hurt the client's case. What should the paralegal do?

  1. Withdraw the undertaking because it was given on incomplete information.
  2. Honour the undertaking and produce the document as promised. Correct answer.
  3. Produce the document only if the tribunal orders production.
  4. Ask the client whether the undertaking should be honoured.

Explanation

A licensee who gives an undertaking is personally bound to fulfil it and must not resile from it because it later proves inconvenient or harmful. Undertakings are the currency of practice and the opposing party is entitled to rely on them. If performance becomes impossible, the paralegal must notify the recipient promptly rather than simply abandoning the commitment.

Question 28Ethics and Professional Responsibility

A retainer ended two years ago and the file is closed. The file contains sensitive financial information about the former client. Which statement about the paralegal's duty of confidentiality is correct?

  1. The duty continues after the retainer ends, without a fixed expiry date. Correct answer.
  2. The duty continues only until the limitation period for the matter expires.
  3. The duty ends once the final account is paid in full.
  4. The duty ends once the retainer ends and the file is closed.

Explanation

The duty of confidentiality is not tied to the life of the retainer; it survives the termination of the relationship and continues indefinitely, including after the client's death. Former clients remain entitled to the same protection of their information. Only a valid exception, such as client consent or a disclosure permitted or required by law, allows the paralegal to reveal it.

Question 29Ethics and Professional Responsibility

A paralegal acts for a plaintiff in Small Claims Court. The defendant, who has retained a lawyer, telephones the paralegal personally to discuss settlement. What should the paralegal do?

  1. Decline to discuss the matter unless the defendant's lawyer consents. Correct answer.
  2. Negotiate directly, since the defendant made the first contact.
  3. Negotiate directly, because settlement talks fall outside the proceeding.
  4. Refuse all contact and tell the defendant to retain a different lawyer.

Explanation

A licensee must not communicate about a matter with a person whom the licensee knows to be represented by another licensee, unless that licensee consents. The rule protects the represented party and the integrity of the adversarial process, and it applies even where the represented party initiates the contact. Settlement discussions must be routed through the opposing licensee.

Question 30Ethics and Professional Responsibility

A paralegal brings an ex parte motion for a garnishment order. The client has mentioned that part of the debt may already have been paid. What must the paralegal do?

  1. Disclose only the facts that support the order being sought.
  2. Present the client's evidence without adding facts the client did not raise.
  3. Disclose all material facts to the tribunal, including the possible prior payment. Correct answer.
  4. Leave disclosure to the client, who will be giving evidence under oath.

Explanation

In an ex parte proceeding the tribunal hears only one side, so the licensee must make full and fair disclosure of all material facts, including facts that are unfavourable to the client's position. The duty is owed to the tribunal and overrides the client's preference for a one-sided presentation. The obligation continues throughout the proceeding if new material facts emerge.

Question 31Ethics and Professional Responsibility

The paralegal's own conduct at a meeting is central to the facts in dispute, and the paralegal will likely be a material witness at the hearing. What should the paralegal do?

  1. Continue to act and arrange for a colleague to give the evidence instead.
  2. Continue to act and testify, provided the client consents in writing.
  3. Decline to act, since a material witness should not also be the advocate. Correct answer.
  4. Continue to act but refrain from cross-examining any witness.

Explanation

A licensee should not act as both advocate and material witness in the same matter, because the dual role compromises the advocate's objectivity and the tribunal's ability to assess the evidence fairly. The proper course is to decline the retainer so that the client can be represented by someone who can also give evidence if necessary. Client consent does not remove the problem.

Question 32Ethics and Professional Responsibility

A paralegal previously acted for a client in a dispute over a supply contract. The former client's opponent in a new claim arising from the same contract now asks the paralegal to act. What is the correct approach?

  1. Accept the retainer, because the earlier retainer has ended.
  2. Accept, provided the new client agrees to a higher fee.
  3. Decline, unless the former client gives informed consent. Correct answer.
  4. Accept, provided the former client's confidential information is never used.

Explanation

A licensee must not act against a former client in a matter where information obtained during the former retainer could be used to that client's disadvantage, absent informed consent. Because the new claim arises from the same contract, the risk of using confidential information is real and cannot be managed by good intentions alone. The former client, not the new one, is the person whose consent matters.

Question 33Ethics and Professional Responsibility

A former client refuses to pay the final account and threatens to complain to the Law Society. The paralegal wants to use information from the file to respond. What is permitted?

  1. The paralegal may disclose the information only if a court orders it.
  2. The paralegal may never disclose confidential information, even to answer a fee claim.
  3. The paralegal may disclose what is reasonably necessary to respond to the claim. Correct answer.
  4. The paralegal may disclose the entire file, since the retainer has ended.

Explanation

Confidentiality yields to the extent necessary for a licensee to establish or collect a fee or to defend against a claim or complaint relating to the retainer. The disclosure must be limited to what is reasonably required to answer the allegation; it is not a licence to release the whole file. Information unrelated to the dispute remains protected.

Question 34Ethics and Professional Responsibility

A paralegal wants to post a former client's name and the result obtained on the firm website as a success story. What is required before doing so?

  1. Approval from the tribunal that decided the matter.
  2. The client's consent to disclosure of the information. Correct answer.
  3. Removal of the client's name while keeping the case details.
  4. Nothing, because the matter is over and the result is a matter of public record.

Explanation

A licensee must not disclose confidential information, including the fact that a person is or was a client, without consent. Marketing use of a client's name, matter and result requires the client's informed consent, which should be documented. Removing only the name may still leave the client identifiable from the details.

Question 35Criminal Law and Provincial Offences

Which classification of offence allows the Crown to choose whether to proceed by summary conviction or by indictment?

  1. A summary conviction offence
  2. A hybrid offence Correct answer.
  3. An absolute liability offence
  4. An indictable offence

Explanation

For a hybrid offence the Crown elects the mode of proceeding, and that election determines both the procedure followed and the maximum penalty available; theft under $5,000 is a familiar example. Indictable and summary conviction offences, by contrast, have a mode of proceeding fixed by the statute itself.

Question 36Criminal Law and Provincial Offences

In a criminal trial, which party must prove the elements of the offence, and to what standard?

  1. Each party bears an equal burden of proof
  2. The accused, on a balance of probabilities
  3. The Crown, beyond a reasonable doubt Correct answer.
  4. The Crown, on a balance of probabilities

Explanation

The presumption of innocence in s. 11(d) of the Charter places the burden on the Crown to prove every element of the offence beyond a reasonable doubt. The accused bears only an evidentiary burden to raise a defence such as self-defence, and a legal burden in the limited situations where the law expressly places one on the defence, such as insanity.

Question 37Criminal Law and Provincial Offences

A woman is stopped by police and told only that she is "under arrest", with no further explanation. Which Charter right has most directly been engaged?

  1. The right under s. 11(b) to be tried within a reasonable time
  2. The right under s. 11(d) to be presumed innocent
  3. The right under s. 13 against self-incrimination
  4. The right under s. 10(a) to be informed promptly of the reasons Correct answer.

Explanation

Section 10(a) requires that an arrested or detained person be informed promptly of the reasons for the arrest or detention, in terms the person can understand. The right to counsel under s. 10(b) is a separate guarantee that is also triggered on arrest but is not the one engaged by the absence of reasons.

Question 38Criminal Law and Provincial Offences

Which statement best describes the Provincial Offences Act (Ontario)?

  1. It is a federal statute that applies throughout Canada
  2. It applies only to offences committed by corporations
  3. It creates most of the offences prosecuted in the Ontario Court of Justice
  4. It sets out the procedure for prosecuting provincial offences Correct answer.

Explanation

The POA is a procedural statute: it governs how provincial offences are charged, tried, appealed and enforced. The offences themselves are created by other provincial statutes and regulations, such as the Highway Traffic Act or the Liquor Licence and Control Act.

Question 39Criminal Law and Provincial Offences

Under s. 494 of the Criminal Code, a private citizen may arrest a person without a warrant where the citizen finds that person committing which of the following?

  1. A summary conviction offence
  2. Any offence, if the citizen thinks an arrest is necessary
  3. An indictable offence Correct answer.
  4. Any provincial offence

Explanation

Section 494(1)(a) permits anyone to arrest without warrant a person found committing an indictable offence. A private citizen has no general power to arrest a person who is found committing only a summary conviction or provincial offence.

Question 40Criminal Law and Provincial Offences

An offence is classified as one of strict liability. Which defence is available to the accused?

  1. Due diligence Correct answer.
  2. That the accused has no criminal record
  3. A belief that the regulation is invalid
  4. Mistake of law

Explanation

For a strict liability offence the Crown need only prove the prohibited act beyond a reasonable doubt, and the accused may escape liability by proving on a balance of probabilities that all reasonable care was taken (due diligence) or that there was a reasonable mistake of fact. Absolute liability offences, by contrast, permit no such defence.

Question 41Criminal Law and Provincial Offences

A person is served with a Part I offence notice (a ticket) and wants to dispute the charge. What must she do?

  1. Apply to the Superior Court of Justice for judicial review
  2. File a notice of appeal within 30 days
  3. Wait for a summons to be served
  4. File a notice of intention to appear within 15 days Correct answer.

Explanation

An offence notice gives the defendant 15 days to exercise one of the options printed on it; to dispute the charge the defendant must complete and file the notice of intention to appear, and a trial date will then be set. Failure to respond can lead to a conviction being entered in default.

Question 42Criminal Law and Provincial Offences

Which Charter provision guarantees an accused the right to be tried within a reasonable time?

  1. Section 11(b) Correct answer.
  2. Section 12
  3. Section 7
  4. Section 9

Explanation

Section 11(b) guarantees the right to be tried within a reasonable time and is the provision under which an excessive delay may lead to a stay of proceedings. Section 7 may overlap in extreme cases, but the specific guarantee is s. 11(b).

Question 43Criminal Law and Provincial Offences

An officer sees a man repeatedly reaching into his jacket while walking away from the scene of a reported robbery, and briefly stops him to investigate. Which standard must the officer meet for this detention to be lawful?

  1. A reasonable hunch that the man is carrying a weapon
  2. Reasonable and probable grounds to believe the man committed the robbery
  3. Reasonable grounds to suspect a connection to a particular offence Correct answer.
  4. Proof beyond a reasonable doubt that the man is involved

Explanation

An investigative detention is a seizure under s. 9 and requires reasonable grounds to suspect, in all the circumstances, that the person is connected to a particular crime, together with a detention that is reasonably necessary (R. v. Mann). Reasonable and probable grounds are needed for an arrest, which is a greater intrusion.

Question 44Criminal Law and Provincial Offences

Under the framework in R. v. Jordan, what is the presumptive ceiling, from charge to the actual or anticipated end of trial, for a case tried in the Ontario Court of Justice?

  1. 24 months
  2. 18 months Correct answer.
  3. 30 months
  4. 12 months

Explanation

R. v. Jordan set a presumptive ceiling of 18 months for cases tried in provincial court and 30 months for cases tried in superior court, excluding delay attributable to the defence. Delay beyond the ceiling presumptively violates s. 11(b) unless the Crown establishes exceptional circumstances.

Question 45Criminal Law and Provincial Offences

Police search a vehicle without a warrant and seize drugs. At trial, which party must establish that the search was reasonable?

  1. The Crown, on a balance of probabilities Correct answer.
  2. Neither party, because a warrant was unnecessary
  3. The accused, beyond a reasonable doubt
  4. The accused, on a balance of probabilities

Explanation

A warrantless search is presumptively unreasonable under s. 8, and the Crown bears the burden of showing on a balance of probabilities that the search was authorized by law, that the law itself is reasonable, and that the manner of the search was reasonable.

Question 46Criminal Law and Provincial Offences

Under s. 24(2) of the Charter, evidence obtained in a manner that infringed a right is excluded where its admission would do what?

  1. Render the trial unfair to the Crown in the circumstances
  2. Bring the administration of justice into disrepute Correct answer.
  3. Constitute an abuse of process by the prosecutor
  4. Prejudice the accused's ability to present a defence

Explanation

Section 24(2) requires exclusion where, having regard to all the circumstances, admitting the evidence would bring the administration of justice into disrepute. Courts apply the three-part test from R. v. Grant: the seriousness of the state conduct, the impact on the accused's Charter-protected interests, and society's interest in an adjudication on the merits.

Question 47Criminal Law and Provincial Offences

What is the fundamental principle of sentencing under s. 718.1 of the Criminal Code?

  1. Proportionality to the gravity of the offence and the offender's responsibility Correct answer.
  2. Denunciation of the unlawful conduct together with a strong emphasis on rehabilitation
  3. Maximum deterrence of the offender and of other persons who might commit similar offences
  4. Consistency with sentences imposed on similar offenders in similar circumstances

Explanation

Section 718.1 makes proportionality the fundamental principle: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The objectives listed in s. 718 and the parity principle in s. 718.2(b) operate within that framework.

Question 48Criminal Law and Provincial Offences

Which offence falls within the absolute jurisdiction of the Ontario Court of Justice, so that the accused has no election as to mode of trial?

  1. Theft under $5,000 Correct answer.
  2. Robbery
  3. Break and enter of a dwelling house
  4. Aggravated assault

Explanation

Section 553 lists offences, including theft and possession of property obtained by crime where the value does not exceed $5,000, that are tried in the Ontario Court of Justice without an election. The other offences listed do not appear in s. 553, so the accused may elect the mode of trial.

Question 49Criminal Law and Provincial Offences

An accused charged with an indictable offence wants a preliminary inquiry. For which offence is a preliminary inquiry available?

  1. An offence punishable by 10 years or more
  2. An offence punishable by 5 years or more
  3. Any indictable offence, at the accused's request
  4. An offence punishable by 14 years or more Correct answer.

Explanation

Following the 2019 amendments, a preliminary inquiry may be requested only where the accused is charged with an offence punishable by imprisonment for 14 years or more, and the request must be made within the time set by the Criminal Code. For lesser offences the case proceeds directly to trial.

Question 50Criminal Law and Provincial Offences

On a bail hearing the Crown normally bears the burden of showing why detention is justified. In which situation does the burden shift to the accused?

  1. Where the accused has failed to provide a surety acceptable to the court
  2. Where the offence charged is one that is punishable by life imprisonment
  3. Where the offence was allegedly committed while on another release Correct answer.
  4. Where the accused has a prior criminal record for a similar offence

Explanation

Section 515(6) creates reverse onus situations, including where the accused is alleged to have committed an offence while at large on a prior release, where certain firearms or criminal organization allegations are made, and where the accused is not ordinarily resident in Canada. In all other cases the Crown must show cause why detention is justified.