Crime & MoralityCLN4U – Mr. MacDonald

Criminal Law in Canada

• According to section 91 of the Constitution, authority over criminal is given to the federal government.

• The department responsible for criminal law is primarily the Department of Justice.

The Federal Government

• Establish the RCMP

• establish penitentiaries

• appoint judges to county, district and superior courts of the province and to the Supreme Court of Canada and to the Federal Court of Canada.

• (We’ll be going here!)

The laws governing criminal law are:• The Canadian Criminal Code (CCC)

• The Food and Drug Act

• The Narcotic Control Act

• The Indian Act

• etc...

Provincial Role:

• The Prov. Gov’t may make criminal laws to regulate certain areas within their power.

• The departments responsible for quasi-criminal law are the ministry of the Attorney-General and the Ministry of the Solicitor General.

• Consequences are not as serious as contravention of a criminal code statute.

• No criminal record results from contravention of quasi-criminal or regulatory law,

• the sanction is usually less serious than in cases contravening criminal law.

The provincial government may:

• Create provincial police forces

• Establish prisons and reformatories

• Appoint judges to the provincial court

• Provincial Laws include:

• The Liquor Licence Act

• The Highway Traffic Act, etc...

The Criminal Equation

• Crime = ACTUS REUS + MENS REA

• Actus Reus: “guilty act”; voluntary conscious act or omission

• Mens Rea: “guilty mind”; intentional, knowing, reckless

Actus Reus: What is it really?

• The physical component of the crime is where someone does something which is contrary to the Criminal Code of Canada

• For some offenses, a failure to act is a crime

• To be criminal, an act must be voluntary and conscious

Mens Rea:

• To be punishable, the accused must have the necessary mental element to make the actions punishable

• There is a “guilty mind” where a person intentionally does the forbidden act with the knowledge of all the wrongful circumstances which the statute seeks to prohibit

Ongoing Debate!!!

• Morality from basis of criminal law vs. social harm should determine what was criminal!

• Social harm view is used in Canada for law reforms.

Mens Rea: Continued

• Consciously closing one’s mind to the consequences of one’s acts, called wilful blindness, is not a legal defence and does not negate criminal intent

• Mens Rea is essentially a matter of intent. Intent can reflect purpose or desire and the degree of the offender’s knowledge of the consequences of his or her actions.

Relationship Between Law and Morality

• There is a relationship between morality and criminal law.

• What makes an action immoral?• Rules by which you personally distinguish right from wrong

may not be the same as others…for example: Gambling!!!

• For some actions, issues of right and wrong are entirely matters of personal conscience.

Therefore; Moral Values

• There are moral values that we share as a society • Ex: Value of life

• Condemnation of Murder

What Immoral acts should be made illegal???

• England 1957: Wolfden Report – examined homosexuality, which was treated as a crime (at this time!!!)

• Wanted legalization of these activities performed in private.

• Did not believe it was right to punish conduct simply because it was disapproved of or thought immoral.