Criminal Law

Review

Test May 19th

History of Criminal Law

According to the BNA, both the Federal

and Provincial governments are

responsible for enacting criminal laws

SHARED Jurisdiction

Our Criminal Code enacted in 1892 is

derived from the British Criminal Laws

Criminal Law Jurisdiction

Both the Federal and Provincial

governments are responsible for enacting

criminal laws

Provincial governments provide power to

municipalities to enact their own laws

called bylaws

This is why criminal courts are at the

federal and provincial level.

Criminal Law Jurisdiction

Both the Federal and Provincial

governments are responsible for enacting

criminal laws

Provincial governments provide power to

municipalities to enact their own laws

called bylaws

This is why criminal courts are at the

federal and provincial level.

Provincial Courts

The lowest level of Canadian Courts

Consists of Provincial Courts & Superior

Courts

- Regular Provincial Court consists of trial

divisions

- Superior Courts consist of trial and appeal

divisions

Federal Court System

Consists of a Trial Division, an Appeal Division,

and the Supreme Court of Canada

The trial division can hear civil issues that

involve the federal government

The Federal Courts also have jurisdiction to

hear appeal cases from federally appointed

boards and commissions like the Human Rights

Commission.

Supreme Court of Canada

Consists of one chief justice and 8 judges

The Supreme Court of Canada only hears one

type of case. There is no trial division

A CRIME

An act or omission of an act that is

prohibited and punishable by federal

statute

An act or omission of an act that is

prohibited and punishable by federal

statute

An act or omission of an act that is

prohibited and punishable by federal

statute

Youths under 12 are not responsible

Omission of an Act

some crimes are not the acts that you

commit but rather the failure to act in

certain situations

Example: next slide

Omission of an Act - Example

If a father watches his child drown in

a shallow pool and does nothing,

he may be guilty of homicide on

account of the responsibility he

holds for his child's life.

Other Omissions of an Act

Failing to:

pay taxes

child support,

and alimony

are a few recognizable examples of

omission

4 Conditions of a CRIME

The act is considered wrong by society

The act causes ‘harm’ to society in

general or to those who need protection

The ‘HARM’ must be serious

The ‘REMEDY’ must be handled by the

criminal justice system

Criminal Law

What do these laws do?

Protect people and property

Maintain order

Preserve standards of public decency

Criminal Code of Canada

Canada’s Federal Statute that identifies the

majority of criminal laws

Includes crimes and punishments

Can be changed or amended based on

changes in public sentiment or technological

advances

Elements of a Crime

To convict someone of a crime, the Crown

usually has to prove two things existed at

the time the offence was committed:

1.the act itself

2. the intention to commit the act

These elements are referred to as actus reus

and mens rea

Actus Reus Final Words

Actus reus has to be voluntary, not forced

by someone else

I threaten you to commit a robbery is not

a voluntary act

You are sleepwalking and commit an

offence = no actus reus

Reflex reactions = no actus reus

Case page 148 – Perjury

Actus Reus & Omission

Failing to do something can be considered

a wrongful act

Example

New (and by definition inexperienced)

parents do not give their baby enough to

eat

Baby dies of malnutrition

S. 215(1) says those parents can be

charged with failure to provide their

baby with the necessities of life

Actus Reus & State of Being

Your friend says that he / she has a MacBook

in his / her car that he / she no longer

needs. He / she says you can have it

You later find out the MacBook was stolen

during a home invasion

Being in possession of stolen goods is an

offence where the wrongful act is a state of

being

What’s another example of state of being?

Mens Rea & Intent

Intent = meant to do something wrong,

recklessly disregarding the consequences,

and knew or should have foreseen the

results

wilfully or intentionally are words that show

intent

assault was defined as “applies force

intentionally”

intentionally shows the mens rea of assault

Cannot find glasses and

decide to drive without

them.

Consciously taking an unjustified risk that a

reasonable person would not take

Recklessness (Mens Rea)

Wilful Blindness(Mens Rea)

A deliberate closing of one’s mind to the

possible consequences of one’s actions.

Buying Stolen property

Explain Motive vs Intent

Motive is a person's reason for committing a

crime, whereas intention relates to a person's

state of mind and willingness to break the law.

Specific and General Intent

What are the two types of

Intent?

Specific and General Intent

General means that the person had intent to

commit the act without any other motive

Specific Intent = the commission of one

wrongful act in order to accomplish another

Specific is harder to prove than general

Perjury is an example of specific intent

What are the two types of Offences?

Summary

Indictable

Summary vs Indictable Offences

Not so serious vs serious offence

Summary Conviction &

Indictable Offence

A Summary Conviction is a minor offence

that carries a relatively light penalty.

Generally the maximum penalty is up to

$2000 or 6 months in jail.

An Indictable Offence is a serious crime

and carries a heavy penalty. The Criminal

Code can have penalties for indictable

offences ranging from 2 years to life in

prison.

What is Due Diligence?

Due diligence can be used as a defense.

Due Diligence states that the offender did

everything they could to avoid breaking the law

(ie when you have a car accident that prevents

you from getting an MVI) – this is actually absolute

liability

Strict Liability Offences

Strict liability offences often involve environmental

pollution laws that companies may infringe.

Due diligence can be used as a defense.

Involvement in Crime

Parties to an offence – those people who

are indirectly involved in committing a

crime.

Perpetrator – the person who commits

Aiding – helping the perp

Abetting – encouraging the perp

Counselling – advising the perp

Accessory after the fact – receives,

comforts, or assists a perp to escape

Part 1 - Stages to a Criminal Trial

(Crown 1st)

1. The jury is chosen and addressed, they

also choose a foreman (arraignment prior

to jury selection)

2. Opening Statement by the prosecutor

(crown) which summarizes the offences

and evidence against the accused

3. Examination of witnesses – Direct

examination is the first. Cross examination

by the defense is second

Motion for dismissal???

Part 2 - Stages to a Criminal Trial

(Defense 2nd)

4. Defense Opening Statements

5. Defense Witnesses – Examination and

cross examination by the Crown

6. When the defense is finished with its

evidence the Crown can rebut (or

contradict) new evidence from the

defense

Defense may offer surrebuttal which is a

contradiction of the Crowns rebuttal

Stages to a Criminal Trial

7. Summary of the Case – each party gets

a chance to close (Closing Arguments)

8. Charge to the Jury – the explanation of

the law to the jury by the judge

9. The Verdict – a unanimous decision for

guilty or not guilty

Qualifications of a Juror

and Jury selection

Jurors will be ordinary Canadian citizens

of the community

They will be at least 18 years old

They will be a resident of the province for

at least 1 yr

Cannot be a politician or lawyer etc.

It is the sheriff of the court that is

responsible to take care of the jury

The bailiff assists the sherriff

direct and circumstantial

What are the two types of evidence at a trial?

Leading Questions

Questions that suggest to the witness a particular

answer.

Hearsay Statements

The experiences of third parties that are not

admissible in court.

Immaterial or Irrelevant

Questions

Questions that are not relevant to the case at

hand.

Review

In a criminal case the accused is called the

defendant and the representative of the crown

is called the

Prosecutor

Challenge for Cause

This refers to the right of the courts to exclude

someone from a jury for a reason that may

include

Peremptory Challenge

refers to the right of both parties in a criminal case

to exclude someone from a jury without giving a

reason

Review

When a jury cannot agree on a unanimous

decision it is called a

Hung jury

Review

refers to the right of both parties in a criminal

case to exclude someone from a jury without

giving a reason

peremptory challenge

Review

The decision reached in criminal cases is called a

Verdict

Review

Prior to trial, the accused is brought before the

jury panel for

Arraignment

Review

The jury selects its own leader called a

foreman

What is an example of

state of being?

Possession of stolen property

Being inside a gambling house

In possession of break and enter

equipment