Question 6 {1 point} v' Saved You are a Crown prosecutor. The police have just informed you that they have laid assault charges against Andrew, a 32-year-old Kingston resident, in relation to a fight that broke out outside a Kingston bar in March 2021. Andrew punched and severely injured another patron of the bar. Witnesses claim that the other man punched Andrew, then walked away, but that Andrew ran after him and hit him in the back of the head. Andrew had previously been involved in a fight outside a bar a few years before this incident and had been convicted of assault. Assault is a hybrid offence, which can be prosecuted either by indictment or by way of summary conviction proceedings. As Crown prosecutor, you must decide how to proceed. Which of the following factors would be relevant to your decision? 0 a) Andrew's prior criminal conviction. O b} The fact that the other patron hit Andrew first. 0 c} The fact that these events took place in March 2021. Q) d} Both {a} and {c}. Question 7 {3 points} Considering the factors above, would you proceed by way of indictment or by summary conviction proceedings? Give reasons for your decision. Question 8 {1 point) V Saved Assume that Andrew is convicted of assault by way of summary conviction. You are the sentencing judge. Which of the following factors would be relevant to you in determining the appropriate sentence? 0 a) The fact that the injuries suffered by the victim were severe. O b} The fact that the maximum penalty for a summary conviction offence is a prison term of two years less a day, or a fine of $5,000, or both. 0 c} The kinds of penalties applied in other cases with similar facts. (9 cl} All of the above. Question 9 {3 points} You must now issue your sentence in Andrew's case. Counsel has brought two cases to your attention: in the first, an 13-year-old with no prior convictions was given a prison term of 6 months after an unprovoked attack that caused severe injuries; in the other, a 25-year-old accused with multiple prior convictions was given a 12- month sentence for punching a man, causing relatively minor injuries, after being provoked. The maximum penalty for a summary conviction offence is a prison term of two years less a day, or a ne of $5,000, or both. How will you sentence Andrew? Provide reasons for your decision. Question 1 (1 point) Saved Adrienne, a Queen's student, wants to open a vaping shop in Kingston. Before she sets up her shop, she wants to know what laws she will be subject to. In doing some research, Adrienne finds two laws she thinks are relevant: the federal Tobacco and Vaping Products Act, and the provincial Smoke-Free Ontario Act, 2017. Which of the following is true? ( a) Adrienne must only comply with the provincial law since health is an area of exclusive provincial power under s. 92 of the Constitution Act, 1867. O b) Adrienne must only comply with the federal law since the doctrine of paramountcy will apply whenever provincial and federal laws cover the same area. O c) Adrienne must comply with both federal and provincial laws unless it is impossible to do so. O d) Adrienne does not need to comply with the provincial law because it affects the core of federal jurisdiction over health, and the doctrine of interjurisdictional immunity will apply. Question 2 (4 points) Assume that the Ontario legislature passes a new law, the Vaping Advertisement Prohibition Act. This law makes it illegal to advertise any vaping products. Adrienne wants to challenge this law under the constitutional division of powers doctrine. Explain how a court would go about determining whether the law is constitutional. Do you think it would be constitutional? Why or why not?Question 3 {1 point} v\" Saved Adrienne wants to challenge the new law under the Canadian Charter of Rights and Freedoms. Which of the following sections of the Charter might be relevant to her challenge? 0 a} Section 2la}, guaranteeing freedom of conscience and religion. 0 b) Section 15, guaranteeing equality!r rights. 0 c} Section 8, prohibiting unreasonable searches and seizures. @ d} Section 2{b], guaranteeing freedom of expression. Question 4 {3 points} How would a court determine whether the new law's prohibition of advertising infringes Adrienne's right to freedom of expression? [Note: consider only whether the law infringes s. 2[b}, not whether it can be justified as a reasonable limit under s. 1.] Question 5 (1 point)