Law Module 1

Civil Law

Civil Law

A law that governs relationships between individuals and defines their legal rights. Burden of proof follows the balance of probability, aka what was likely to have happened. Either liable or not.

Public Law

law dealing with the relationship between government and individuals.

Private Law

law that involves suits between private individuals or groups, civil matters, estates, wills.

Specific intent offences

Specific intent offences cannot be committed recklessly; intention is required for the offence to be committed, in order to reach some purpose. Typically higher penalty more severe.

General intent offences

an offence in which the accused's intent is limited to the prohibited act itself, with no other criminal purpose

Durress Defense

Person excused if under compulsion by threats, unless a safe avenue of escape.

CCRF Section 11

Rights of an accused; has the right to be informed of the specific offence, to be tried within reasonable time, innocent till proven guilty.

CCRF section 12

right not to be subject to cruel and unusual punishment

Peace officer appointment must include:

1. The authority, responsibility and duties of the peace officer
2. The jurisdiction
3. The weapons the peace officer is authorized to carry.

495 CC arrest

1. A person has committed an indictable offence (or hybrid)
2. A person he believes is about to commit an indictable offence
3. A person he finds committing a criminal offence.

Requirements for a reasonable search

To be reasonable under charter S.8 a search must be authorized by law, the law itself must be reasonable, and the search must be conducted in a reasonable manner.

Plain View

Pre existing reason to be in place
Come across goods by surprise
Obvious the goods are evidence

3 privacy interests

Personal privacy (DNA)
Territorial privacy (home)
Informational privacy (bank accounts)

How are laws made?

1. laws can be made by government, (parliament and legislature)
2. Through legislation, (resulting in statutes)
3. the executive through regulations
4. Justices through binding processes (common law).

Sources of Law

1. Statutes and Bylaws
2. Common law
3. Constitution

Indictable offence

More serious offence, max sentences in CC specified. Accused can be tried as in AB court of justice, kings bench justice or kings bench justice with jury.

Hybrid Offence

an offence that the crown can try either as a summary or indictable offence.

Criminal Law

Deals with criminal offences or regulatory offences. Goal is to find someone guilty or not guilty. Burden of proof follows the concept of beyond reasonable doubt.

Types of Liability

criminal, civil, administrative

Elements of an offence

actus reus and mens rea

Actus Reus

guilty act

Mens Rea

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Strict liability offence

an offence where the mens rea does not need to be proved; only the actus reus (the guilty act) needs to be proved.

Included Offence

An offence where all the elements of that offence are contained in another offence. Assault a PO included assault.

Statutory defences

Infancy (s.13)
Mental disorder (s.16)
Compulsion by threats (s.17)
Defence of person (s.34)
Defence of property (s.35)
Provocation (s.232)

Common Law Defenses

- Automatism
- Duress
- intoxication
- necessity

Automatism Defense

the performance of actions without conscious thought or intention. Individual unable to control their performance of the act could not have voluntarily done the act. (No actus reus)

Intoxication Defense

Person unaware they committed the act (no men's rea)
Or
Person with incapable of controlling their actions (no actus rea)

Necessity Defense

A legal defense against criminal responsibility used when a crime has been committed to prevent a more serious crime. Absence of reasonable legal alternative. Premised on imminent peril or danger.

4 types of law

Criminal, civil, public, private

Types of Law

criminal, civil, public, private

Organization of the courts

1. Supreme
2. Court of appeal
3. Court of kings bench
4. Alberta court of justice

Types of offences

Summary
Indictable
Hybrid

Summary offence

A minor (less serious) criminal offence, tried in the Alberta court of justice. Max six months or 5000$ unless otherwise specified.

CCRF Section 1

"Saving provision" of the charter. Saves a law that otherwise breaches a charter right, because it serves an important purpose.

CCRF Section 2

fundamental freedoms:
Conscience
religion
Expression
Association
Peaceful assembly.

CCRF Section 7

"life, liberty, and security of person"

CCRF Section 8

Everyone has the right to be secure against unreasonable search or seizure.

CCRF Section 9

Detention or Imprisonment

CCRF Section 15

Equality rights, everyone is equal before and under the law despite race, sex, age etc.

CCRF section 24

Charter rememdies, if a right was violated.
Acknowledgement
adjournment
Exclusion of evidence
reduction of sentence

6 steps to an arrest

1. Identify yourself
2. tell them they're under arrest
3. Physical touch
4. tell them WHY they're under arrest
5. read Charter/Caution
6. Release with ticket or to police

3 sources of law

Constitutional, Statutes and bylaw, and Common Law

3 pieces of legislation for CPOs

1. Peace officer act
2. peace officer ministerial regulations
3. Policy/ procedure program

burden of proof in a civil case

Balance of probabilities

Burden of proof in a criminal case

beyond a reasonable doubt

3 types of liability

Criminal, Disciplinary, and Civil

You are a peace officer when

You are on duty, enforcing an act on your appointment, and in your jurisdiction.

Every employer must establish a code of conduct which must include ...

1. Requiring peace officers to comply with the terms and conditions of the employers authorization.
2. Prohibiting peace officers from engaging in disorderly or inappropriate conduct or a way likely to discredit the office of peace officer.
3. Prohibiting peace officer from withholding information, complaints or reports about any other peace officer.

Peace officer program manual

The code of conduct to ensure minimum standards.

494 CC arrest

Anyone may arrest someone found committing an indictable offence or a person they believe has committed a criminal offence and is escaping from and freshly pursued by those with lawful authority to arrest.

consent search

• Voluntary
• Obtained from a person with the authority or apparent authority to give that consent
Person has full awareness of what they're consenting to, the consequences of giving consent and their right to refuse to give consent.

Consent incident to lawful arrest

A search for weapons, means of escape, evidence.