Criminal Law

n.b

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.

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 of the provincial court system for important criminal cases.

Supreme Court of Canada

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

Legal Arrest

Requires reasonable and probable grounds for the police, and the police must advise the arrested person of their rights.

Legal Rights of the Arrested

Includes the right to remain silent, as well as other rights listed in the Charter.

Police Powers

Include the ability to use necessary force to prevent an escape and the requirement of a search warrant for private residences.

Adversarial System

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

Types of Evidence

The judge determines the admissibility of evidence in Canadian courts.

Jury Selection Process

Describes how juries are selected in Canada.

Types of Homicide

First Degree, Second Degree, Manslaughter, Infanticide, and Negligent Homicide.

Crimes of Violence

Examples include assault and sexual assault, with severity determining the category.

Crimes Against Property

Examples include identity theft, fraud, and possession of prohibited weapons.

Defenses

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

Youth Criminal Justice Act (YCJA)

Deals with how youth aged 12-17 are handled in the criminal justice system, emphasizing rehabilitation and providing additional rights and programs for youth offenders.

Legal Rights of Youths

Youths have the same rights as adults under the Charter and additional rights under the YCJA.

Extrajudicial Sanctions and Measures

Programs designed to deal with youth outside the court system.

Sentencing Options for Youth

Jail time is a last resort, and other options are considered for youth offenders.

Not Criminally Responsible

Automatism (Insane and non-Insane)

Provocation

Duress

Necessity

Entrapment

Insane Automatism