Introduction to Criminal Law September 13, 2007

Sources of Criminal Law 1. The Constitution 2. Legislation 3. Case Law

Sources of Criminal Law: The Constitution, Division of Powers The Constitution sets out division of powers Section 91(27) Criminal Law a federal responsibility2 Section 91(28) Penitentiaries a federal responsibility Section 92(14) Administration of Justice a provincial responsibility Section 92(14) Province can attach penalties to provincial offences Section 91(28)7)1(27)

The Constitution, the significance of the Charter Sections 1, 2,7,11,12, 13, , 24, 32, 52

Legal Context of Criminal Law: Point 1 Federal government has jurisdiction Law exists in federal statutes eg. Criminal Code most often, also Competition Act, Controlled Drugs and Substances Act and others There must be a statute for a crime to exist

Legal Context of Criminal Law: Point 2 Interpretation of the legislation by the courts Therefore, Parliament makes laws and courts interpret meaning and scope of the legislation

Legal Context of Criminal Law: Point 3 Supreme law of Canada set by the Constitution, most significant here is the Canadian Charter of Rights and Freedoms Meaning of the words of the legislation and the words of the Charter interpreted by the Courts Thus there is a constant loop between the legislators and the courts

Underlying Ideas in Criminal Law Presumption of Innocence Public Nature of Criminal Law Blameworthiness Scope of Criminal Law

Presumption of Innocence: most important value, reflected by: Role of the Crown Burden and standard of proof No retroactive criminal law No common law offences (s. 8) But benefit of common law defences (s.9)

Criminal law is public law Victim simply another witness Criminal law for the benefit of all of society

Blameworthiness Conviction based on fault, not simply harm caused

What is the Proper Scope of Criminal Law in a Democracy?

Group task: Pick an offence from the envelope (15 minutes, appoint a reporter) Discuss the following questions in relation to your offence: 1)What, in your view, is/are the purpose(s) of criminalizing this conduct? In other words, why was this conduct criminalized? 2)Are these purposes still relevant or important? c.Are there reasons for not criminalizing this conduct or for using another method for dealing with its ill effects, other than the criminal law? What other tools might society use to deal with this conduct?