Criminal Law

n.b

Criminal Law

Criminal Law

Deals with offenses against society and seeks to punish and rehabilitate offenders, keep the peace, and protect people and property. It is the federal government's responsibility.

Summary Conviction Offenses

Minor criminal offenses, equivalent to misdemeanors in the USA.

Indictable Offenses

More serious criminal offenses, equivalent to felony crimes in the USA.

Hybrid Offenses

Offenses that can be charged as either summary or indictable, depending on the circumstances.

Crown

Represents society in criminal cases and must prove the accused guilty beyond a reasonable doubt.

Actus Reus

The criminal action, which must be proven against an accused to get a conviction.

Mens Rea

The criminal intent or guilty mind, which must also be proven against an accused to get a conviction.

Superior Court

The trial and appeal division for important criminal cases in each province.

Supreme Court of Canada

Hears appeals on points of law and ensures adherence to the Charter of Rights and Freedoms.

Arrest

The police must have reasonable and probable grounds to arrest someone.

Rights of the Person Under Arrest

The police must advise those under arrest of their rights, listed in the Charter s. 11.

Powers of the Police

The police can use necessary force to prevent an escape and require a search warrant to search private residences.

Adversarial System

Our system of trial where two opposing sides present evidence to prove guilt or innocence.

Jury

Determines guilt or acquittal based on evidence presented in court.

Homicide

Different categories include 1st Degree, 2nd Degree, Manslaughter, Infanticide, and Negligent Homicide.

Assault and Sexual Assault

Different categories based on the severity of the attack.

Identity Theft

The rise of stealing personal information to harm others.

Fraud

Intentionally misleading others for financial gain.

Weapons

Categorized as non-restricted, restricted, or prohibited.

Prostitution

Legal in Canada, but soliciting and related activities are illegal.

Drug Laws

Found in the Criminal Code under the Controlled Drugs and Substances Act.

Impaired Driving

The main criminal cause of death in Canada.

Defenses

The accused's response to the criminal charge, including alibi, problems with eyewitness evidence, forensic evidence, and various legal defenses.

Youth Criminal Justice Act (YCJA)

Deals with how we handle youth from ages 12-17 in the criminal justice system, emphasizing rehabilitation and providing additional rights and programs for youth offenders.

Not Criminally Responsible

Insane Automatism

This type of automatism is linked to a disease of the mind.

If it can be proven that an accused person suffered from a mental disorder and as a result was incapable of knowing that what they were doing was wrong

Non-Insane Automatism

This type of Automatism is often referred to as “temporary insanity.”

Canadian courts have recognized that a person may enter such an impaired state as the result of any of the following: a physical blow, sleepwalking, consuming drugs, a stroke, severe psychological trauma, and other physical ailments

Provocation

action or speech that makes someone annoyed or angry, especially deliberately.

Duress

when someone is threatened or coerced to do something against their will.

the accused is forced to act as the result of a threat.

Necessity

accused persons claim they were forced to commit a criminal act because they were in danger themselves.

The Supreme Court has ruled that this defence may only be used in situations where there appears to be “imminent risk.”

Entrapment

If a police officer coerces or forces a person to commit a crime, the officer is guilty of entrapment.

If the accused can prove the police led them to participate in a crime, the court can dismiss the charges immediately.

Battered Woman Syndrome

a psychological condition caused by severe and usually prolonged domestic violence.

The main difference between battered woman syndrome (BWS) and the traditional definition of self-defence is the issue of imminent danger.

In a typical self-defence case, the danger is immediate.

With BWS, the danger may not be immediate but instead is constant.

1st Degree Murder

A murder that is planned and deliberate.

2nd Degree Murder

A murder that is not planned but was committed knowingly

Manslaughter

Killing another person without any malicious intent

Infanticide

the crime of killing a child within a year of its birth

Negligent Homicide

a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person ignores a known or obvious risk or disregards the life and safety of others.

aiding

helping someone commit a crime

Abetting

Encouraging or instigating the crime

Counselling

Gives a resolution or information about the crime committed

Accessory after the fact

Helps a criminal escape by providing food, clothing, or shelter to the offender.

cannot be held criminally responsible for assisting int he escape of your spouse

Conspirator

Planned the crime