criminal law exam (block 1)

Who Creates the law?

Supreme Court of Canada

Federal government

Parliament of canada. the federal government creates laws that apply across the entire country

Provincial and Territorial Governments

each province and territory in Canada has its own legislature responsible for creating laws within its jurisdiction

Municipal Governments

municipalities, such as cities and towns, create local laws known as bylaws. Municipal councils, consisting of elected representatives (mayors and councilors), draft, debate, and vote on these bylaws

Case Law

Legal rules made by judges through court decisions. Courts interpret laws and set examples (precedents) that other courts often follow, especially in common law systems.

What is Criminal Law?

A branch of public law that pertains to crimes and their punishment.

Why is criminal law a branch of public law?

Because crimes are seen as offenses against society, not just individuals. The state takes sides to protect public interests and maintain order

Why does the state have to step in for criminal law?

criminal offences are considered behaviours that are harmful to the society as a whole, not only the victim

Who creates criminal law in Canada?

the federal government, specifically the Parliament of Canada is responsible for enacting criminal laws that apply across the entire country

What makes criminal law different from other branches of law?

nature of offences: criminal law deals with actions that are considered offences against the state or society as a whole

State prosecution

in criminal law, the state prosecutes the accused on behalf of society, as opposed to civil law, where disputes are typically between individuals or entities. the government acts as a plantiff in criminal cases

Punishment

criminal law involves the imposition of penalties such as imprisonment, fines, community service, or probation, which are designed to punish and deter criminal behaviour

Burden of Proof

in criminal cases, the burden of proof is “beyond a reasonable doubt” which is a higher standard than in civil cases

What are the sources of criminal law in canada?

federal legislation and judicial decisions

federal legislation

such as the criminal code of Canada and other statutes, defines criminal offences and penalties

Judicial decisions

interpret these laws and develop common law principles

Stare decisis

courts are bound by precedents set by higher courts

Civil law Legal Tradition

civil law is used in Quebec for matters of private law, including family law, contract law, and property law. Civil law is codified, meaning that it is primarily based on comprehensive legal codes that outline the rules and principles in specific areas of law

Common law

the common law tradition in canada is based on the principle of stare decisis, meaning that courts follow precedents established by previous judicial decisions. Used in all provinces and territories except quebec. it emphasizes case principles evolve through the decisons made in individual cases, which are then used as references for future cases

What is a crime?

act or omission that violates the criminal code and is punishable by the state

How are crimes classified in Canada?

summary, indictable, and hybrid offences

Summary Offences

less serious crimes, such as causing a disturbance, minor theft (under a certain value), and public intoxication. These offences carry lighter penalties (up to $5000), probation or shorter prison sentences (max 6 months)

Indictable Offences

Most serious types of crimes, including offences like murder, aggravated assault, robbery and serious fraud. Carry harsher penalties, such as lengthy prison sentences or life imprisonment

Hybrid Offences

Most common type of offence in Canada. Can be prosecuted as indictable or summary conviction offences, depending on the crime and circumstances of the case. The Crown prosecutor has discretion to decide how to proceed (ex., assault, impaired driving)

True Crimes vs. Regulatory Offences

true crimes- Acts that are inherently wrong or morally blameworthy (e.g., theft, assault, murder). The goal is to punish, deter, and protect society.

regulatory offences - Not inherently wrong, but violate rules meant to protect public safety (e.g., traffic violations, workplace safety). Focus is on compliance, not moral blame.

Magna Carta Key Criminal Law Principles

rule of law, due process, Habeas Corpus

Rule of Law

the Magna Carta established the principle that everyone, including the king, is subject to the law. It challenged the idea of the divine right of kings by asserting that the monarch’s power was not absolute

Due Process

The legal right to fair treatment through the justice system. It ensures laws are applied fairly, and people get notice, a chance to be heard, and a fair trial before being punished

Habeas Corpus

A legal right that protects against unlawful detention. It allows a person to challenge their imprisonment in court and ensures the government must justify why someone is being held.

Separation of Powers

usually government is divided into 3 branches; legislative, executive, and judicial. this principle promotes checks and balances, ensuring that each branch can limit the others if they overreach

Democracy

A system where government power comes from the consent of the people. Citizens participate through free and fair elections, ensuring accountability, representation, and protection of constitutional principles.

Protection of fundamental rights

Constitutions protect individual rights like freedom of speech, religion, and equality. These rights limit government power and are often found in Bills of Rights or Charters.