Unit 3 INTRODUCTION CRIMINAL LAW

WHAT IS A CRIME? Turn to your neighbour and brainstorm what you think a “crime” is Write your definition down in 3-4 sentences and include an example.

Criminal Law Deals with offences committed against society Federal gov’t. has jurisdiction over criminal law (criminal laws are the same throughout Canada, unlike the U.S.) Criminal Code is main source of criminal law in Canada, although some criminal laws are found in statutes.

Criminal Law vs. Civil Law Criminal Law ◦ Deals with offences committed against society Civil Law ◦ Deals with offences committed against individuals

Criminal Law & Civil Law Suppose Ron decides to break into Kathy’s house to steal her electronic equipment. He breaks the door lock with a crowbar and enters the house when no one is home. He leaves with a laptop computer, a stereo-CD player, a DVD player, and a digital camera. The Criminal Code describes Ron’s offence as “break and enter” and sets a penalty for committing the offence Questions: How would this case be named? (legal citation) Why do you think that the punishment for breaking into a dwelling house (private residence) is more severe than for breaking into a business or store?

Criminal Law & Civil Law Legal Citation: R. v. Ron Criminal Law: Breaking and entering is a criminal offence, a crime against society as people have the right to live safely in their own homes and to keep their own possessions. Penalty given as this is unacceptable against society to infringe on these rights. Civil Law: Kathy can’t be compensated for her personal losses under criminal law. However, she can sue Ron for damages under civil law at a different time and in civil court.

Criminal Law & Civil Law In Summary: The gov’t acts for the benefit of society, not for the individual victim. When a person is found guilty of crime, that person will be given a penalty (fine or a term in prison). Penalty is to punish or rehabilitate offender to deter others from breaking the law. Keep in mind… although criminal court may order offender to make restitution (pay back victim), it is often up to the victim to seek compensation by suing the offender in civil court.

*Quasi-Criminal Law Laws passed by provinces, territories and municipalities Resemble criminal law but are not considered actual crimes Punishments are usually fines (won’t have a criminal record) Example: Highway traffic violation

*Criminal or Quasi-Criminal Law?

Types of Offences Summary conviction ◦ Less serious offences ◦ Criminal Code penalties are maximum $2000 fine and/or imprisonment for 6 months ◦ Shorter trial process ◦ Examples: ◦ Cruelty to animals ◦ Causing a disturbance ◦ Nudity ◦ Soliciting ◦ Trespassing at night

Types of Offences Indictable ◦ Serious offences ◦ Criminal Code maximum penalty is life imprisonment ◦ Some offences carry a minimum penalty (2 years – life) ◦ Examples: ◦ Murder (1 st, 2 nd, manslaughter) ◦ Robbery ◦ Aggravated Assault ◦ Theft over $5000 Manslaughter Case - Oct 2013

Types of Offences Hybrid offence: Crown Attorney decides whether a charge will be dealt with as summary or indictable ◦ i.e. Theft under $5000, Mischief, Sexual Assault

QUICK “EXIT PASS” 1.What is the main purpose for criminal law? 2.Explain difference between criminal and civil law. 3.Compare Criminal law vs. Quasi-Criminal law. Give an example of each. 4.Name 1 type of criminal offence and provide an example.