The purpose of this exercise is to provide an opportunity to examine how due process is manifest in our court system. Due process refers to the right to be treated within the principles of fundamental justice.

Bingham’s 8 principles of fundamental justice are listed in the choices below. For each of the following actions, select the correct principle which is currently adhered to by the criminal justice system.

1			The laws are available in public libraries.
			A)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			B)	Adjudicative procedures provided by the state should be fair.
			C)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			D)	The law must be accessible and so far as possible, intelligible, clear and predictable.
2			Police cannot engage in unreasonable search and seizure.
			A)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			B)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			C)	The law must afford adequate protection of fundamental human rights.
			D)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
3			Police cannot arbitrarily detain an individual.
			A)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			B)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			C)	Adjudicative procedures provided by the state should be fair.
			D)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
4			One is innocent until proven guilty.
			A)	The law must afford adequate protection of fundamental human rights.
			B)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			C)	Adjudicative procedures provided by the state should be fair.
			D)	The rule of law requires compliance by the state with its obligations in international law as in national law.
5			An accused is entitled to legal representation.
			A)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
			B)	The law must be accessible and so far as possible, intelligible, clear and predictable.
			C)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			D)	Adjudicative procedures provided by the state should be fair.
6			Disclosure by the Crown is a requirement during the trial process.
			A)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			B)	The law must afford adequate protection of fundamental human rights.
			C)	Adjudicative procedures provided by the state should be fair.
			D)	Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
7			All courts in Canada are required to comply with the rule of law.
			A)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			B)	Adjudicative procedures provided by the state should be fair.
			C)	Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
			D)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
8			The burden of proof rests on the Crown.
			A)	The law must afford adequate protection of fundamental human rights.
			B)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			C)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			D)	Adjudicative procedures provided by the state should be fair.
9			Section 15, the Charter of Rights and Freedoms.
			A)	Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
			B)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
			C)	The law must afford adequate protection of fundamental human rights.
			D)	Adjudicative procedures provided by the state should be fair.
10			Section 2, the Charter of Rights and Freedoms.
			A)	Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
			B)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			C)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			D)	The law must afford adequate protection of fundamental human rights.
11			If a person has a legal issue, they can proceed by taking the matter to court where they will appear before an impartial arbiter.
			A)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			B)	The law must be accessible and so far as possible, intelligible, clear and predictable.
			C)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			D)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
12			The laws are available online.
			A)	The rule of law requires compliance by the state with its obligations in international law as in national law.
			B)	The law must be accessible and so far as possible, intelligible, clear and predictable.
			C)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			D)	Adjudicative procedures provided by the state should be fair.
13			Two neighbours are involved in a dispute – they go to civil court to deal with the matter.
			A)	Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
			B)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
			C)	Adjudicative procedures provided by the state should be fair.
			D)	The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
14			There are rules and regulations which identify a legal arrest.
			A)	The law must be accessible and so far as possible, intelligible, clear and predictable.
			B)	The law must afford adequate protection of fundamental human rights.
			C)	Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly and for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
			D)	Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.