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.