*Minds On Scenario 268.(1) Every one commits an aggravated assault 268.(1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant who wounds, maims, disfigures or endangers the life of the complainant If an HIV positive person has unprotected sex without disclosing their HIV status, are they guilty of aggravated assault? If an HIV positive person has unprotected sex without disclosing their HIV status, are they guilty of aggravated assault? What is they have a low viral load? What is they have a low viral load? What if they wear a condom? What if they wear a condom?

*What is crime? One definition of crime is: One definition of crime is: “whatever Parliament defines it to “whatever Parliament defines it to be” be”

The Criminal Code of Canada Searchable on-line version: Searchable on-line version: Downloadable searchable PDF version: Downloadable searchable PDF version:

*The Criminal Code of Canada Statute codifying criminal law Statute codifying criminal law What actions or omissions are crimes What actions or omissions are crimes How offences prosecuted How offences prosecuted What penalties are imposed What penalties are imposed First enacted in 1892 First enacted in 1892 Still contains some antiquated crimes Still contains some antiquated crimes Look up s.71 and s.365 Look up s.71 and s.365

*The Criminal Code of Canada (cont’d) Controlled Drug and Substances Act: relates to drug offences Controlled Drug and Substances Act: relates to drug offences Criminal Code amended regularly to reflect societal concerns, emerging issues Criminal Code amended regularly to reflect societal concerns, emerging issues

*Judge-Made Criminal Law Judges interpret Code offences using legal precedents Judges interpret Code offences using legal precedents Judges expand definitions of crime to cover new behaviours or issues (ex. assault expanded to consider HIV issues) Judges expand definitions of crime to cover new behaviours or issues (ex. assault expanded to consider HIV issues) Judges expanded self-defense to include the experience of women who have been battered Judges expanded self-defense to include the experience of women who have been battered the-lily-in-domestic-violence-case/ the-lily-in-domestic-violence-case/ the-lily-in-domestic-violence-case/ the-lily-in-domestic-violence-case/

*R. v. Cuerrier (1998, SCC) First HIV aggravated assault case First HIV aggravated assault case All SCC judges agreed that Cuerrier should be convicted of aggravated sexual assault because “significant risk of serious bodily harm” if HIV positive All SCC judges agreed that Cuerrier should be convicted of aggravated sexual assault because “significant risk of serious bodily harm” if HIV positive Cuerrier didn’t obtain true consent by not disclosing his HIV positive status Cuerrier didn’t obtain true consent by not disclosing his HIV positive status

*R. v. Aziga (HIV case) Mr. Aziga knowingly infected partners by not disclosing that he was HIV positive and having unprotected sex Mr. Aziga knowingly infected partners by not disclosing that he was HIV positive and having unprotected sex Some partners were infected with HIV and died Some partners were infected with HIV and died Convicted of first degree murder Convicted of first degree murder

*R. v. Mabior (HIV case) 2010 case where HIV positive man with low viral load had protected (condom) and unprotected sex without disclosing he was HIV positive – no partner developed HIV 2010 case where HIV positive man with low viral load had protected (condom) and unprotected sex without disclosing he was HIV positive – no partner developed HIV SCC said Cuerrier requirement of “significant risk of serious bodily harm” should be read as requiring disclosure of HIV status if there is a realistic possibility of transmission of HIV SCC said Cuerrier requirement of “significant risk of serious bodily harm” should be read as requiring disclosure of HIV status if there is a realistic possibility of transmission of HIV But if low viral load or condom use disclosure not required But if low viral load or condom use disclosure not required

*Purpose of Criminal Law Criminal law exists to label wrongful behaviour Criminal law exists to label wrongful behaviour To identify violations To identify violations To impose sanctions To impose sanctions These achieve multiple purposes: These achieve multiple purposes: Retribution Retribution Protection of society Protection of society Social stability Social stability Preservation of the rule of law (law necessary, applies to all equally, not arbitrary) Preservation of the rule of law (law necessary, applies to all equally, not arbitrary)

Criminal Law Protective Principles Private harm principle: the prevention of harm to individuals Private harm principle: the prevention of harm to individuals Public harm principle: the prevention of harm to public institutions and practices Public harm principle: the prevention of harm to public institutions and practices Offence principle: the prevention of further offences committed against others Offence principle: the prevention of further offences committed against others Legal paternalism: the prevention of harm to the self Legal paternalism: the prevention of harm to the self Legal moralism: the prevention of immorality Legal moralism: the prevention of immorality

*Who Commits Crimes? Two theories late 19 th early 20 th centuries Two theories late 19 th early 20 th centuries Chicago – environmental issues Chicago – environmental issues Freud – nurture issues Freud – nurture issues

*Who Commits Crimes? But crime rates continued to grow during most of 20 th century even though individuals generally better off & social safety net But crime rates continued to grow during most of 20 th century even though individuals generally better off & social safety net 1960’s research of 3000 young Montrealers revealed two shocking discoveries… (contrary to what expected) 1960’s research of 3000 young Montrealers revealed two shocking discoveries… (contrary to what expected) Most males commit what could be classes as a crime during adolescence Most males commit what could be classes as a crime during adolescence Social status/income of parent doesn’t matter Social status/income of parent doesn’t matter

Montreal Research This research seemed contrary to the theory that there is a strong link between crime and social class of origin This research seemed contrary to the theory that there is a strong link between crime and social class of origin Most experts now agree that social status and income of parents have little or no direct effect on the likelihood that children will turn to delinquency Most experts now agree that social status and income of parents have little or no direct effect on the likelihood that children will turn to delinquency

*Children at risk… (1) Receive little love, affection, or warmth (1) Receive little love, affection, or warmth (2) They are inadequately supervised by parents (2) They are inadequately supervised by parents (3) Grow up in homes with considerable conflict (3) Grow up in homes with considerable conflict

Introduction to Criminal Law Almost all Canadians break the law at some point in their lives, though not serious illegal acts and usually committed in adolescence Almost all Canadians break the law at some point in their lives, though not serious illegal acts and usually committed in adolescence Most criminal offences are committed by men who are at the extremes of the social spectrum Most criminal offences are committed by men who are at the extremes of the social spectrum

Introduction to Criminal Law Criminals without legitimate employment and who are destitute are most feared by the public and are responsible for a large share of street crime Criminals without legitimate employment and who are destitute are most feared by the public and are responsible for a large share of street crime White-collar criminals less feared but do more damage in many ways White-collar criminals less feared but do more damage in many ways

Introduction to Criminal Law lysis/story/2011/06/21/national- vancouverriot.html lysis/story/2011/06/21/national- vancouverriot.html lysis/story/2011/06/21/national- vancouverriot.html lysis/story/2011/06/21/national- vancouverriot.html