1. CRIMINAL LAW
The Nature of Crime

2. Crime – any act or omission of an act that is prohibited and punishable by federal statute.
Law Reform of Canada 4 conditions must exist for an act or omission to be considered a crime:
1) The act is considered wrong by society.
2) Act causes harm to society in general or to those who need protection.
3) The harm must be serious.
4) The remedy must be handled by the criminal justice system.

3. Criminal Law Definition
Criminal Law- the body of laws that prohibit and punish acts that injure individual people, property and the entire community.

4. Criminal Code of Canada
-federal statute that contains the majority of the criminal laws passed by Parliament.
-lists crimes, sentences and procedures to follow when trying those accused of crimes.
-amendments to the code are made when the values of Canadian society change.

5. Changes Over Time and Place:
Prostitution is legal in some European countries
Adultery used to be a criminal offence in Canada

6. Changes over time and place:
Possession of marijuana less serious today
1795- twelve people hanged in Halifax for the crime of theft, one for stealing a few potatoes
no longer capital punishment in Canada

7. Example: sexual abuse
On October 18, 1999-Parliament passed Bill C-7 making criminal records of pardoned sex offenders available for background checks.
-Also, outdated laws can be revised or repealed.
i.e.: sentencing option of capital punishment removed

8. -technological advances change the code
i.e.: new laws for airplane hijacking, credit card fraud, Internet hacking.

9. History
Canada’s first Prime Minister, John A. MacDonald, strongly advocated having one set of criminal laws for the whole country.
So, in July 1892, Canadian Parliament passed a statute called the Criminal Code of Canada which combined a description of crimes and criminal law procedure into a single statute.
The code has been amended every year since.

10. Today, there are approximately 850 sections
Today, there are approximately 850 sections. It is still difficult to include all the crimes in the Code, so other federal laws now contain criminal offences that are not in the code or in enough detail in the code. These include:
Controlled Drug and Substances Act
Customs Act
Youth Criminal Justice Act
Competition Act
Food and Drug Act
Income Tax Act

11. Authority for administering the criminal justice system is shared between the federal and provincial governments.

12. Quasi-Criminal Laws
Technically, laws passed by provinces or municipalities are not considered criminal laws but quasi-criminal laws.
These are less serious offences and the usual punishment is paying a fine.

13. ELEMENTS OF A CRIME + Actus Reus Mens Rea = CRIME “the guilty act”
To convict a person of a criminal offence in Canada, the Crown must usually prove that two elements existed at the time the offence was committed: the act itself and the intention to commit the act.
Actus Reus +
Mens Rea
= CRIME
“the guilty act”
“the guilty mind”
Demonstrates a voluntary action, omission or state of being that is prohibited by law
Demonstrates that the act was intentional, knowing, negligent, reckless or willfully blind

14. Exceptions to Actus Reas:
Being forced by another person
Sleepwalking
Reflex reaction (i.e.: epileptic seizure)

15. Understanding Mens Rea:
The Crown can establish Mens Rea through:
1) Intent
2) Knowledge
3) Criminal negligence
4) Recklessness
5) Willful blindness

16. 1) INTENT
someone desires to carry out a wrongful action, knows what the results will be and is reckless regarding the consequences.
There are two types of intent: General Intent and Specific Intent

17. Two types of Intent:
General Intent – the desire to commit a wrongful act, with no ulterior motive or purpose.
For example: assault to vent anger, jealously or frustration.
Specific Intent – the desire to commit one wrongful act for the purpose of accomplishing another.
For example: assault for the sake of theft

18. Motive verses Intent Motive – is the reason a person commits a crime.
Intent – is the person’s state of mind and willingness to break the law.
For instance, if someone kills her mother to receive an inheritance.
Motive = inheritance
Intent = was it planned and deliberate?
Motive can not prove a conviction in a murder trial because it is not one of the elements of a crime.

19. 2_KNOWLEDGE
An awareness of certain facts that can be used to establish Mens Rea.
For example: If a person knew a document was forged and used it anyway.
The word “knew/know” indicates the Mens Rea of the offence.

20. 3) CRIMINAL NEGLIGENCE
reckless disregard for the lives and safety of others, sometimes causing serious injury or death.
For example, leaving a loaded gun in a house with children.

21. 4) RECKLESSNESS
knowingly taking an unjustifiable risk that a reasonable person would not take.
For example, driving without your prescription glasses and getting into a serious accident.
Driving a car you know is not safe.

22. 5) WILFUL BLINDNESS
A deliberate closing of one’s mind to the possible consequences of one’s actions.
For example, buying a TV from student which clearly has the name of the school board on the TV.
The price is too good to pass up, so you buy it but in your mind you likely knew it had been stolen.

23. Strict and Absolute Liability
For some less serious offences the Crown does not have to establish Mens Rea to win a conviction.
For instance, regulatory laws which are federal or provincial statutes meant to protect the public welfare.
i.e.: environmental protection, workplace safety, hunting and fishing regulations and traffic offences.

24. 2 Liability Offences STRICK LIABILITY
The accused may admit the offence took place but then offers the defense of due diligence which means that he or she took every reasonable precaution to avoid committing the offence.
Someone slips and falls on your sidewalk but you can prove that you shoveled and salted it.
Wet floor signs at a store
ABSOLUTE LIABILITY
No defense possible. Guilty as charged.
i.e.: driving a car without a license or insurance

25. INVOLVEMENT IN A CRIME
Perpetrator- person who actually commits the crime.
2 people = co-perpetrators
Aiding – helping a perpetrator commit a crime. You don’t have to be on the scene.
i.e.: giving a key to someone to break into a store.
Parties to an Offence – those people who are indirectly involved in committing a crime.
Abetting- encouraging the perpetrator of a crime without actually providing physical assistance.
i.e.: egging on a perpetrator who is beating someone up.

26. Counseling- advising, recommending or persuading another person to commit an offence. You don’t have to be on the scene.
i.e.: advising a perpetrator the best way to accomplish a criminal act.
Accessory After the Fact- someone who knowingly receives, comforts or assists a perpetrator in escaping from the police.
i.e.: allowing a perpetrator to hide out at your house.

27. Involvement in a Crime Cont.
Party to Common Intention- the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit.
i.e.: If 5 people hijack a security truck and one of them shoots and kills the driver, all 5 can be charged with murder.

28. Two Types of Incomplete Crimes:
Attempt – the intention to commit a crime, even when the crime is not completed.
The Crown only needs to prove obvious steps toward committing a crime.
Example: terrorist bombing- construction of a bomb, having a bomb in your possession.
Conspiracy – an agreement between 2 or more people to carry out an illegal act, even if that act does not actually occur.
Example: 2 people who plan to murder, hire a hit man who turns out to be an undercover police officer.

29. Bibliography
Law in Action, 2003
All About Law, 1996