Unit 3: Canada’s Criminal Justice System

Introduction:

Legal Fundamentals

Brainstorm What comes to mind when you think of criminal

justice?

TV and Movies (Law and Order)(CSI)

Personal ExperienceFriends

Family

Personal Interest

RumorsAnd hearsay

News

school

Lady Justice

Symbols and imagery: What do they mean?

Think!

Fundamental Principles of Criminal Justice

The Presumption of Innocence: Anybody charged to a crime is presumed to be innocent.

The crown (state) is responsible to prove the defendant guilty.

The Burden of Proof: the defendant must be released unless the crown proves

guilt beyond a reasonable doubt

Habeas Corpus: the right not to be detained or imprisoned unlawfully. If the crown can't show cause, the person must be

released.

Legal Fundamentals continued The Right to a Fair and Speedy Trial:

Fairness - assured by jury, unbiased judge, rules, etc. Speed – 100 000 drunk driving cases were thrown out of court in

Ontario because they had taken too long

Equality Before the Law: “Justice is Blind” not young/old, rich/poor, male/female, culture, religion, etc. a.k.a. “rule of law” – no one is above the law

British common law: Based on British law Includes: protection against self-incrimination, protection of

being tried for same offence twice (double-jeopardy), use of precedent

Unit 3 Criminal Law

Crime: Canadian Definition

a violation of a law that prohibits specific activities, and for which there is a punishment that is set out by the state

In Canada, a crime is anything that is defined by Parliament to be a crime.

Criminal Law

Deals with offences committed against society

Example: “break and enter” Charged under the criminal code (determined by

parliament – reflects the values of society) If found guilty – fined, imprisoned or community

service Penalties fail to compensate the victim

Victims must sue for damages under civil law

Only offences defined in federal law can truly be called crimes in Canada

Activities covered by provincial or municipal laws for which there are penalties similar to those for criminal acts, are not “crimes” per se, but are generally referred to simply as “offences” or “Quasi-Criminal Law”.

i.e., speeding, not wearing a seatbelt, drinking under age

The Power to make Criminal law

1867 – Provinces gave jurisdiction over criminal law to the federal parliament

to decide which actions were crimes and set punishments for crimes

Quasi-Criminal Law – those laws passed by the provinces / territories / municipalities that are not considered part of criminal law

Don’t deal with actual crimes Example: Highway Traffic Act, city bylaws Acts usually result in a fine

Need for Criminal Law

Keep order in society Offers penalties to help deter crime Focus is not to compensate victims Public wants:

criminal law should protect people and property Some want harsh penalties to discourage

potential offenders or to punish wrongdoers Some want rehabilitation

Nature of Criminal Law

Parliament decides what is a crime and passes laws to change the Criminal Code

Criminal Code reflects the values of society

Hot topics = Heated debates (euthanasia, gun control, abortion, marijuana, pornography

For an act to be subject to criminal penalties

1. The action must harm other people

2. The action must violate the basic values of society

3. Using the law to deal with the action must not violate the basic values of society

4. Criminal law can make a significant contribution to resolving the problem

Any reform to the Criminal Code must take these conditions into consideration

The Criminal Code Criminal Code is the main source of criminal law in

Canada Other Criminal offences are listed in statutes passed by

Parliament (Controlled Drugs and Substances Act)

Describes offences that are considered crimes, as well as punishments for crime

Judiciary (judges and courts) interpret the criminal laws and apply them to individual cases Determines if a law trespasses upon citizen’s rights as

outline in the Charter Determine and follow precedence

Types of Criminal Offences

Summary Conviction Offences Minor Can be summoned to court without delay Max. penalty: $2000 and/or 6 months in jail Other statutes may have more severe penalties

Indictable Offences Serious crimes Criminal Code – set up max penalties for each offence Penalty decided by the trial judge Some indictable offences have min. penalties that judge

must impose (D & D = $600 – 5 years imprisonment)

Types of Criminal Offences continued

Hybrid Offences Crown attorney has the right to proceed

summarily and impose a less severe punishment, or to proceed by indictment

ELEMENTS OF A CRIME:

In order for a person to be convicted of a crime, the Crown must prove beyond a reasonable doubt that two elements existed at the time the offence was committed.

Actus reus + Mens rea = Crime

The Elements of a Crime

Actus reus – “guilty act” or “wrongful deed” as defined in the Criminal Code or related statute

This can be an action or an ommission (lack of action) or a state of being

Must be shown that the person committed an act prohibited by law

Failure to do something (example: for parents to withhold the necessities of life for their children)

The Elements of a CrimeMens Rea – “guilty mind”

Mens rea is the technical term for the blameworthy state of mind that must be proven beyond a reasonable doubt by the Crown

1. Intent – the true purpose of the act. Carrying out a criminal act while being aware what the results will be and ignoring the consequences.

Example: bringing a weapon to a robbery General intent- intent is limited to the act itself. Committing a wrongful

act with no ulterior motive Example: hitting someone because you are angry

Specific Intent- when the person committing the offence has a further criminal purpose. Committing a wrongful act in order to accomplish another.

Example: hitting someone because you want to steal something from him Law considers some people incapable of forming intent (i.e. mental

illness, minors, extreme intoxication)

The Elements of a Crime cont…

Mens Rea – guilty mind

2. Knowledge- knowledge of facts – prove mens rea Motive- reason for committing an offence

Not the same as intent Does not establish guilt of the accused Can be used as circumstantial (indirect) evidence

3. Recklessness - Careless disregard for the possible result of an action

People don’t intend to harm others however they understand the risks of their actions and proceed anyway

Example: taking prescription drugs that you know make you drowsy and then operating a motor vehicle

4. Negligence - doing something or omitting to do something with “wanton disregard for the lives or safety of other persons”

Example: throwing a beer bottle out of a moving vehicle and injuring someone

5. Willful blindness - turning a blind eye to the consequences of your action

Example: buying stolen property that you should know has been stolen

Offences without a Mens Rea Usually violations of federal or provincial regulations

passed to protect the public (speeding). Applies to Quai-Criminal Law only.

Regulatory offences

Carry less penalties

Don’t carry stigma associated with criminal convictions 2 Types

1. Strict Liability Offences2. Absolute Liability offences

Offences without a Mens Rea Cont…

1. Strict liability offences:

The liability (legal responsibility) is said to be strict because the defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts criminal – no need to prove mens rea

Example: Strict liability offenses include failure to remain, driving while suspended, driving without insurance, failure

to wear a seatbelt or careless driving Therefore it is only necessary to prove the offence was

committed

Due diligence: defense used by the defendant (took care not to commit the offence or honestly believed in a mistaken set of facts)

Offences without a Mens Rea Cont…

2. Absolute liability offences: Crown need only prove actus reus no possible defence (no act was taken to prevent) if the person committed actus reus, he or she is guilty, no

matter what precautions were taken to avoid committing the offence (can’t use due diligence)

law does not specify which regulatory offences are strict liability or absolute

Example: Absolute liability offenses include speeding, yielding to traffic and failure to stop at a red light

prison term for an absolute liability is unconstitutional

Parties to an Offence

Aiding or Abetting Aiding means to help someone commit a crime Abetting means to encourage someone to

commit a crime

Accessory After the Fact helping someone escape (includes providing

food, clothing of shelter) harbouring a criminal Excluding spouses

The Crown must prove 2 things to convict someone of aiding or abetting:

1. the accused had knowledge that the other person intended to commit the offence

2. the accused actually helped or encouraged the person to commit the offence

Established in case: Dunlop and Sylvester v. The Queen, [1979] 2 S.C.R. 881

Attempt

intends to commit the crime, but failsactus reus for attempt begins in the first steps

towards committing the crime (preparatory stages are decided by judge or jury)

can be tried for the act it’s self

Conspiracyagreement between two or more people to

commit a crime or to achieve something legal by doing something illegal