CRIMINAL LAW

Criminal lawmaking is the jurisdiction of the Federal government.

The general definition of a crime is: a wrongful act that must be controlled for the protection of society as a whole.

The Criminal Code Lists offences, defenses and penalties. Lists offences, defenses and penalties. Judges must consider the circumstances of the case.

3 main areas of Criminal law ‘coverage’ Protection of People Protection of People Protection of property Protection of property Protection of Morality Protection of Morality

Ex. Abortion Abortion had been illegal in Canada for much of the nineteenth and twentieth centuries, thus forcing women to find dangerous alternative methods. With growing pressure on the government by women's groups, an amendment to the Criminal Code in 1969 allowed abortions in hospitals under restrictive circumstances. Over time, however, this law has been subject to interpretation through court challenges. Abortion had been illegal in Canada for much of the nineteenth and twentieth centuries, thus forcing women to find dangerous alternative methods. With growing pressure on the government by women's groups, an amendment to the Criminal Code in 1969 allowed abortions in hospitals under restrictive circumstances. Over time, however, this law has been subject to interpretation through court challenges. In 1988, the section of the Criminal Code prohibiting abortion was declared unconstitutional. Abortion is unregulated until today (Oct 2009). In 1988, the section of the Criminal Code prohibiting abortion was declared unconstitutional. Abortion is unregulated until today (Oct 2009).

Some crimes are not specifically addressed in the Criminal Code. Ex. Knowingly transmitting HIV

Criminal Code PART VIII: OFFENCES AGAINST THE PERSON AND REPUTATION Assaults Aggravated sexual assault 273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146

A website with the Criminal code (CanLii)

Elements of an Offence

Criminal offences are made up of two elements: 1) A prohibited act known as the actus reus

2) A criminal intent known as the mens rea

To obtain a conviction, the crown must prove, beyond a reasonable doubt that the accused is guilty of both elements.

You have to do something illegal and you had to have done it on purpose!

Terminology Charged: ‘accused’-police have enough evidence to send you to trial. Charged: ‘accused’-police have enough evidence to send you to trial. Convicted: After a trial, you have been found guilty of the offence you were charged with and now face sentencing. Convicted: After a trial, you have been found guilty of the offence you were charged with and now face sentencing. Acquitted: You have been found not guilty and will face no consequences. Acquitted: You have been found not guilty and will face no consequences.

Terminology Objective: based on facts and evidence Objective: based on facts and evidence Subjective: based on opinion and less concrete (but still valid) evidence. Subjective: based on opinion and less concrete (but still valid) evidence. Subjective analysis/Objective analysis. Subjective analysis/Objective analysis.

Beyond a reasonable doubt The accused is innocent until proven guilty. The accused is innocent until proven guilty. The Crown has to prove his/her guilt leaving no doubt or other possible explanation. The Crown has to prove his/her guilt leaving no doubt or other possible explanation. The Crown has to disclose any evidence they have against the accused. The Crown has to disclose any evidence they have against the accused.

Consequences At the end of a criminal trial, if there is a guilty verdict (a conviction), the convicted will likely get a criminal record and also may face: At the end of a criminal trial, if there is a guilty verdict (a conviction), the convicted will likely get a criminal record and also may face: Jail time Jail time A fine A fine Community Service Community Service Probation Probation

What about the victim of the crime? They may launch a civil suit. They may launch a civil suit. A civil case, under ‘tort’ law seeking damages (usually money). A civil case, under ‘tort’ law seeking damages (usually money).

Offences and Defenses Offences are acts that violate the law. A criminal offence is a violation of the Criminal Code. Offences are acts that violate the law. A criminal offence is a violation of the Criminal Code. A defense is an explanation or excuse for your commission of an offence. If your defense is accepted, you will be acquitted. A defense is an explanation or excuse for your commission of an offence. If your defense is accepted, you will be acquitted. Mitigating circumstances (weaker than defenses) are factorss that reduce the seriousness of the offence or serve as partial excuses. They generally reduce the charge or the sentence. Mitigating circumstances (weaker than defenses) are factorss that reduce the seriousness of the offence or serve as partial excuses. They generally reduce the charge or the sentence. For example you are charged with drinking and driving but you have a perfect driving record and you volunteer at a shelter. Aggravating circumstances are factors that make the offence worse. They work against the accused. For example, you are caught shoplifting and it is the 7 th time you have been caught in 3 years. Aggravating circumstances are factors that make the offence worse. They work against the accused. For example, you are caught shoplifting and it is the 7 th time you have been caught in 3 years.

Assault Simple assault (max 5 yrs) – like a hit, slap or push that does not result in lasting bodily harm. (not more than a bruise or scratch) Simple assault (max 5 yrs) – like a hit, slap or push that does not result in lasting bodily harm. (not more than a bruise or scratch) Assault causing bodily harm (max 10 yrs) – Assault resulting in harm such as broken limb. Assault causing bodily harm (max 10 yrs) – Assault resulting in harm such as broken limb. Aggravated Assault (max 15 yrs) –Assault resulting in maiming or disfiguring. (Permanently injuring the victim.) Aggravated Assault (max 15 yrs) –Assault resulting in maiming or disfiguring. (Permanently injuring the victim.)

Sexual Assault (max 10 yrs.) – non-consensual sexual touch. (Does not have to be violent) Sexual Assault (max 10 yrs.) – non-consensual sexual touch. (Does not have to be violent) Sexual Assault Causing bodily harm (max 14yrs) – Sexual assault and causing bodily harm. Sexual Assault Causing bodily harm (max 14yrs) – Sexual assault and causing bodily harm. Aggravated sexual assault (max life) – sexual assault and wounding, maiming or disfiguring. (if a firearm is involved, min 4 yrs) Aggravated sexual assault (max life) – sexual assault and wounding, maiming or disfiguring. (if a firearm is involved, min 4 yrs) Sexual Assault

Murder (see handout) 1 st degree 1 st degree 2 nd degree 2 nd degree Manslaughter Manslaughter 2 nd degree may be reduced to manslaughter if provocation can be proven. 2 nd degree may be reduced to manslaughter if provocation can be proven.