Chapter 4

Criminal	Law	&	Criminal
Offences

Criminal	Law

•	Deals with offences committed against society

Examples?

•	Something society deems  unacceptable

•	Penalty = fine, deprived of time and/or freedom

•	Victim compensated only  through civil law

Need	for	Criminal	Law

•	Keep order  in society

•	Prevention and penalties

•	Rehabilitation

•	Doesn’t focus on
compensation for victim

Purpose	of	Criminal	Law

•	Two common theories/beliefs

1. Criminal law protects people and property

Harsh penalties needed to deter crime

2. Criminal justice system to rehabilitate criminals find the cause of the bleeding instead of just adding more and more Band- Aids

QuestionWhat is YOUR
point of view?

Nature	of	criminal law

•	Criminal code reflects values of society

•	reform of Criminal Code reflects shift in values

•	Can be controversial (ie. Marijuana, euthanasia, abortion, gun control, pornography)

Nature	of	criminal	law

•	Law Commission of Canada suggested that conditions must exist if subject to criminal penalties:

–	Action must harm others

–	Violate basic values of society

–	Using the law must not violate
basic values of society

–	Criminal law can make a significant contribution to solving the problem

Power	to	make	Criminal	Law

•	Jurisdiction given to fed gov’t from prov. in 1867 (BNA Act)

•		same treatment in all provinces

Quasi-Criminal	Law

•	Provinces have right to pass some laws, called quasi-criminal.

•	Resemble criminal law but not actual crimes (ex. Traffic Laws)

Criminal	Code

•	Main source of criminal law in Canada

•	Describes offences and
punishments

•	Judiciary (judges and courts) interpret criminal laws

•	ruled unconstitutional if trespasses on Charter Rights

•	Precedents set by rulings and are often referred to in Criminal Code

Types of	Criminal Offences

Summary Convictions
•	minor criminal offences

•	max. penalty usually
$5000 and/or six months in jail
–	ie. Possession of narcotic =
one year in prison and/or
$5000

•	Other examples = "communicate for the purpose of obtaining the sexual services of a prostitute," "cause disturbance," and "harassing telephone calls."

Types of	Criminal Offences

•	You cannot  be fingerprinted for a summary conviction offence.

•	If you are convicted of a summary conviction offence as an adult, you are eligible for a pardon three years from the time you complete your sentence (e.g., payment
of fine or restitution, completion of probation).

Types of	Criminal Offences

Indictable Offences

•	serious crimes, more
severe penalties

•		entitled to trial by jury for most offences (not for Drive Disqualified [driving
while prohibited as result of conviction for impaired driving], theft or mischief under $5000

Types of	Criminal Offences

•	up to (maximum penalty) life in prison

•	some  carry
minimum sentences

•	Following conviction of an indictable offence, you must wait five years before pardon eligibility

Types of	Criminal Offences

Hybrid Offences

•		Many offences can be prosecuted  either  by

•		summary conviction or indictment.

•		Crown attorney can choose summary or indictment = "hybrid" (or "Crown option" or	"dual procedure“

Types	of	Criminal	Offences

•	Ie: Impaired driving, assault and theft under $5,000.

•	Hybrid offences are considered indictable until  the Crown
makes its election

Elements	of	a	Crime

•	Charter states in section 11 that a person is “to be presumed innocent until proven guilty according to the law”

•	Two conditions MUST exist for an act to be a criminal offence

•	Crown Attorney must prove two conditions beyond a reasonable doubt

Elements	of a	Crime

•	Actus Reus (a
wrongful deed)

•	must be  shown that a person committed an act  prohibited by law.

•	ex. break and enter
(two actions needed)

Elements	of a	Crime

•	Mens Rea  (a guilty mind)

•	the accused intended
to commit the offence

•	Mens rea exists if offence is committed with
– 1)  intent or knowledge
OR
–	2)  recklessness

Intent	or	Knowledge

•	intent is the true purpose  of the act

•	Break and enter  =
intent to steal

General	Intent

•	Intent is limited to the
act itself.

•	No further criminal purpose in mind (assault – accused applied force = intent)

•

•

Specific	Intent

Further  criminal
purpose  in mind

(break and enter – criminal act with intent to commit further act of stealing)

Knowledge

•	If knowledge of certain facts, mens rea

•	(using a cancelled credit card – not necessary to prove intent to defraud)

Motive

•	(Reason for
committing an offence)

•	Not guilty simply
because of motive.

•	Only circumstantial
(secondary) evidence

•	Can have motive and not commit a crime

Recklessness

•	Careless disregard for possible results of action

•	Intent to hurt may not exist but they knew the risk (ex speeding)

Offences	Without	Mens	Rea

•	Some less serious crimes not necessary to prove mens rea

•	Usually fed or prov regulations (regulatory offences)

•	ex speeding,
environmental pollution

Two	types	of	Regulatory
Offences

1)Strict liability offences
– only necessary to prove offence was committed

•	Due diligence can be defence – accused took care not to commit offence or believed in a mistaken set of facts

•

•

Absolute	liability	offences

no possible defence –
cannot use due diligence prison term unconstitutional

Courts decide if offence is Strict liability or Absolute liability

Attempt

•	May be guilty of crime even if act fails

•	attempt to break and
enter but scared away
(judge’s decision)

•	Begins when the preparation stage ends and the first step begins

Conspiracy

•	Agreement between two or more  people
to commit a crime (no
jokes or threats)

•	Even if plans not carried out, they conspired to commit a crime

Parties	to	an	Offence

•	Party to a crime – anyone who commits, aids or abets a person in committing a crime
Aiding

•	Help someone commit a crime

Abetting

•	To encourage someone to commit a crime

•	Two things must be proven
to be aiding or abetting

Parties	to	an	Offence

•	Accused had knowledgethat the other person intended to commit a crime & actually helped or encouraged person to commit a crime

•	Mere  presence at crime does not indicate guilt

Parties	to	an	Offence

•	Counsel (suggest) or incite (urge) someone
is also a crime

•	Person who plans is
just as guilty as person who commits crime

Accessory	after	the	fact

•	Someone who helps a
criminal escape
detention or capture

•	Providing  food,
clothing,  shelter

•	Excludes spouses and
someone escaping with spouse

Criminal	Court	System	in
Canada

•	Constantly changing
to compensate for
1000’s of cases and high cost

CRIMINAL COURTS

•	Provincial Courts – Criminal Division

•	Arraigns (reads charges and enters plea)  all crimes

•	Holds preliminary hearings for the most severe indictable offences (accused can chose higher court for trial)

•	Hears & tries summary conviction cases and least serious indictable offences

CRIMINAL COURTS

•	Provincial Supreme Court – Trial Division

•	Tries more severe crimes and the most severe indictable offences (ex. manslaughter, murder, treason)

CRIMINAL COURTS

•	Provincial Supreme
Court of  Appeal

•	Hears appeals from
Trial Div of Prov. Supreme Courts

•	Sets prov. precedent

CRIMINAL COURTS

•	Supreme Court of Can

•	Highest court of appeal

•	Unlimited jurisdiction in
criminal matters

•	Sets national precedent

Offences	and	Procedures

•	6 month limitation on laying charges for summary offences

•	Some quasi-criminal offences only need court appearance if pleading not guilty (ex. Speeding)

•	No choice as to proceedings

•	No time limit on laying charges for indictable offences

Offences	and	Procedures

•	Minor indictable offences treated much like summary offences (theft under $5000)

•	For more  serious indictable  offences, accused can choose trial procedure

– ex. provincial court
judge, higher court judge, or judge and jury (ex.
sexual assault)

Offences	and	Procedures

•	Most serious indictable offences are tried by judge and jury (murder, treason, etc)

•	Judge hands down
sentence