Chapter 4 (cont’d) 4.3 The Power to Make Criminal Law 4.4 Summary Conviction and Indictable Offences

#Ferguson  news/2014/nov/24/ferguson-police-darren-wilson-michael- brown-no-charges news/2014/nov/24/ferguson-police-darren-wilson-michael- brown-no-charges  What are your thoughts on the fact that Officer Darren Wilson was not criminally charged for shooting Michael Brown? Explain.  Do you agree with the court’s decision? If not, what do you think the appropriate penalty should have been?

The Power to Make Criminal Law  Enacted – To pass a proposed law into legislation  Criminal law is enacted by a democratically elected federal Parliament  Thus, criminal offences are treated the same across Canada  Amended – to change existing legislation (laws)  The Criminal Code is written and amended by the federal Parliament  Supreme Court of Canada still has a major influence on criminal law  When the Supreme Court makes a decision in an important case, this decision becomes a precedent for future decisions

Is Criminal Law a Public Law?  Politicians reflect the wishes of Canadians in the laws they write or amend  Criminal Code restrictions must not infringe upon a citizen’s legal rights as defined in the Charter of Rights and Freedoms  E.g. Section 7 guarantees the right to security of the person, which means that police cannot harm suspects during investigation  It concerns the actions of the government against an individual  In Canada, when someone is prosecuted in a criminal law trial, he or she is brought to trial by the Crown attorney (represents the government, therefore representing the public)

Criminal Code and the Charter of Rights and Freedoms  Sometimes an individual’s Charter rights conflict with the duties and limits (restrictions) of the Criminal Code  If the court feels that the Criminal Code limit on a person’s behaviour has gone too far, they will rule that the law is unconstitutional  Thus, the criminal court needs to weigh what is best for society against an individual’s rights

Types of Offences  In Canada, there are three types of criminal offences which are classified and prosecuted according to their severity: 1. Summary Conviction: a less serious criminal offence, also known as misdemeanours (e.g. shoplifting). 2. Indictable: a more serious criminal offence with a severe punishment (e.g. murder – life imprisonment). 3. Hybrid: a criminal offence in which the Crown decides how to treat the charge (summary or indictable). If Officer Wilson was criminally charged, which offence would he have been charged with? Discuss.

Your Turn With your group, discuss whether the following offence is summary conviction, indictable, or hybrid: 1. Causing a disturbance 2. Manslaughter 3. Public nudity 4. Trespassing at night 5. Infanticide 6. Armed robbery 7. Breaking out of prison

Offences and Punishment Maximum penalties for summary, indictable, and hybrid offences:  Summary: $2000 fine and/or 6 months in prison  Indictable: Life in prison  Hybrid: 2-10 years in prison (the Crown chooses how to treat them depending on the circumstances of each case)

Statute of Limitations  Turn to pages 121 – 123  With your groups, discuss the following: 1. What is “statute of limitations”? 2. What is the statute of limitations for the three types of offences?

Statute of Limitations A time limit to lay charges is known as a statute of limitations.  Summary: Charges must be laid within 6 months of the alleged incident  Indictable: No time limit or statute of limitations; charges can be laid several years after the alleged incident  Hybrid: Depends on whether the case is tried as summary or indictable

Criminal Code Exercise  Refer to the worksheet uploaded on the course website

Review Your Understanding  Turn to page 123, and answer the Review Your Understanding questions 1 – 5