Crime CLN4U

Legal Definition In Canada, a crime can be defined as any act or omission, the doing of which is an offence under federal legislation In Canada, a crime can be defined as any act or omission, the doing of which is an offence under federal legislation Some examples of federal legislation outlining crimes are: Some examples of federal legislation outlining crimes are: Criminal Code Criminal Code Child and Youth Justice Act Child and Youth Justice Act Narcotic Control Act Narcotic Control Act Food and Drugs Act Food and Drugs Act Income Tax Act Income Tax Act

Legal Definition In Canada, only offences defined in federal law can actually be called crimes In Canada, only offences defined in federal law can actually be called crimes Offences covered by provincial or municipal law (and for which there is punishment) are called penal offences or regulatory offences Offences covered by provincial or municipal law (and for which there is punishment) are called penal offences or regulatory offences

Legal Defintion Crimes such as murder, robbery, sexual assault, burglary, and theft are defined by the federal criminal code Crimes such as murder, robbery, sexual assault, burglary, and theft are defined by the federal criminal code Other offences such as tax evasion and drug trafficking are defined by specific acts of parliament Other offences such as tax evasion and drug trafficking are defined by specific acts of parliament A provincial or municipal offence is NEVER a criminal offence A provincial or municipal offence is NEVER a criminal offence

The Criminal Equation ACTUS REUS + MENS REA = CRIME ACTUS REUS + MENS REA = CRIME

Actus Reus Literally, the "guilty act" Literally, the "guilty act" This is the physical act of an action that is contrary to a law This is the physical act of an action that is contrary to a law The prohibited physical act must be voluntary acts (wilful, conscious acts - you meant to do it) The prohibited physical act must be voluntary acts (wilful, conscious acts - you meant to do it) The statutory provision creating the offence will usually specify the conduct required for actus reus The statutory provision creating the offence will usually specify the conduct required for actus reus

Example from Criminal Code 253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not 253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. In this example, the criminal offence is for an act. In addition, the actus reus has two parts: In this example, the criminal offence is for an act. In addition, the actus reus has two parts: Operating, having care, control or assisting the operation (varies with the vehicle) Operating, having care, control or assisting the operation (varies with the vehicle) Impairment (two standards given) Impairment (two standards given)

Another example Actus reus provided by an omission to act : Actus reus provided by an omission to act : 252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with 252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with (a) another person, (a) another person, (b) a vehicle, vessel or aircraft, or (b) a vehicle, vessel or aircraft, or (c) in the case of a vehicle, cattle in the charge of another person, (c) in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance. and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Mens Rea Literally, the "guilty mind" Literally, the "guilty mind" Means one must have the necessary mental elements to make the actions punishable under criminal law Means one must have the necessary mental elements to make the actions punishable under criminal law A simplistic definition: where a person intentionally does the forbidden act with the knowledge of all the wrongful circumstances which the statute seeks to prohibit A simplistic definition: where a person intentionally does the forbidden act with the knowledge of all the wrongful circumstances which the statute seeks to prohibit In order to have mens rea, one must know of the existence of the facts that comprise the actus reus In order to have mens rea, one must know of the existence of the facts that comprise the actus reus

Intent Within the concept of mens rea, there are two possible types of intent Within the concept of mens rea, there are two possible types of intent subjective intent subjective intent objective intent objective intent

Subjective Intent Concerns the accused's state of mind at the time of the guilty act Concerns the accused's state of mind at the time of the guilty act Only the accused's actual intention or knowledge of the effects of his or her conduct matters Only the accused's actual intention or knowledge of the effects of his or her conduct matters

Subjective Intent Within subjective intent are two sub-categories that are most important: Within subjective intent are two sub-categories that are most important: Recklessness: consequences were not intended, or risk of consequences is understood but act is committed anyway, the recklessness will form the subjective intent necessary for mens rea. Recklessness: consequences were not intended, or risk of consequences is understood but act is committed anyway, the recklessness will form the subjective intent necessary for mens rea. Willful blindness: person wondered about the consequences of actions, but doesn't inquire with the idea that "What I don't know can't hurt me!" will have subjective intent through willful blindness. Willful blindness: person wondered about the consequences of actions, but doesn't inquire with the idea that "What I don't know can't hurt me!" will have subjective intent through willful blindness.

Objective Intent Has little to do with the accused's state of mind Has little to do with the accused's state of mind Looks at what a reasonable person would have understood, perceived or foreseen in the circumstances Looks at what a reasonable person would have understood, perceived or foreseen in the circumstances Very important for civil liability, less important for criminal liability Very important for civil liability, less important for criminal liability

No Mens Rea? While most Criminal Code offences require full mens rea, there are some offences for which only some of the conditions of mens rea are required, while there are others where there is no mens rea requirement While most Criminal Code offences require full mens rea, there are some offences for which only some of the conditions of mens rea are required, while there are others where there is no mens rea requirement The division of offences into these three classifications is largely due to the ruling of the Supreme Court of Canada in R. v. Sault Ste. Marie (1978). The division of offences into these three classifications is largely due to the ruling of the Supreme Court of Canada in R. v. Sault Ste. Marie (1978).

Types of Offences Mens Rea (aka subjective mens rea) Mens Rea (aka subjective mens rea) Strict Liability (aka objective mens rea) Strict Liability (aka objective mens rea) Absolute Liability Absolute Liability

Mens Rea Offences The Crown must prove full mens rea The Crown must prove full mens rea Crimes which carry great stigma and high levels of punishment, such as murder Crimes which carry great stigma and high levels of punishment, such as murder Where the legislation contain the any of the following terms: willfully; with intent; knowingly; intentionally Where the legislation contain the any of the following terms: willfully; with intent; knowingly; intentionally Sometimes called "subjective mens rea." Sometimes called "subjective mens rea."

Strict Liability Offences The Crown does not have to prove mens rea, as doing the prohibited act is sufficient for guilt, but the accused has an opportunity to prove he or she took reasonable care to avoid committing the offence. The Crown does not have to prove mens rea, as doing the prohibited act is sufficient for guilt, but the accused has an opportunity to prove he or she took reasonable care to avoid committing the offence. These are "public welfare" offences, such as health or the environment These are "public welfare" offences, such as health or the environment Sometimes called "objective mens rea" Sometimes called "objective mens rea"

Absolute Liability Offences The Crown does not have to prove mens rea, and there is no opportunity given to the accused to show that they were free of fault The Crown does not have to prove mens rea, and there is no opportunity given to the accused to show that they were free of fault This is in instances where the legislature made it clear that guilt would follow the mere doing of the prohibited act This is in instances where the legislature made it clear that guilt would follow the mere doing of the prohibited act Ex: impaired driving Ex: impaired driving

Types of Crime Indictable Offences Indictable Offences Summary Conviction Offences Summary Conviction Offences Hybrid Offences Hybrid Offences

Indictable Offences Serious offence Serious offence No limit to lay a charge No limit to lay a charge Penalty provided in Criminal Code, issued at discretion of judge Penalty provided in Criminal Code, issued at discretion of judge

Summary Conviction Offences Least serious offence Least serious offence 6 months to lay a charge 6 months to lay a charge Maximum penalty $5000/6 months Maximum penalty $5000/6 months

Hybrid Offences Dual offence - can proceed at either level (discretion of the Crown) Dual offence - can proceed at either level (discretion of the Crown) Generally proceeds at the level at which a conviction is guaranteed Generally proceeds at the level at which a conviction is guaranteed