Criminal Law Chapter 1

What is Law?

a system of enforceable rules (laws) that govern the relationship between the individual members of a society and between those members and the society itself

in Canada, what does a crime consist of?

1. conduct that is prohibited because it is considered to have an “evil or injurious or undesirable effect upon the public”

2. a penalty that may be imposed when the prohibition is violated

Who creates the law?

Parliament, SCC. The sovereign, a person, group of people, institution or authority endowed with sovereign legislative power. Whoever holds political power holds the authority over creating laws.

In Canada who is sovereign?

King Charles III

What is a constitutional monarchy?

Canada is a constitutional monarchy because it has a political system where a monarch is the head of state, but their powers are regulated and limited by a constitution and laws.

How is the sovereign political power divided in Canada?

executive, legislative, and judiciary. Federal/provincial/municipal

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

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

Case Law- Judicial interpretation

while courts do not create laws in the legislative sense, they play a crucial role in interpreting and applying laws. Through judicial decisions, courts can shape the understanding of laws and even influence the development of legal principles, particularly in areas like common law.

In canada, how does the reigning monarch express their sovereignty during the legislative process?

the Governor general of Canada gives Royal Assent to the bills passed by the House of Commons and the Senate

How can a law be classified?

Public and private law

Public Law

concerned with issues that affect the interests of the entire society. things like constitutional law, administrative law.

Why is criminal law part of public law?

because crimes are seen as wrongs against society. the Crown prosecutes criminal cases on behalf of all Canadians, with cases listed as Regina (the Queen) vs. the accused.

Private Law

concerned with the regulation of the relationships that exist among individual members of society. Includes the legal rules and principles that apply to the ownership of property, contracts, torts (injuries inflicted on another individual’s person or damage caused to the individual’s property), and the duties of spouses and other family members towards one another

What is Criminal Law?

a branch of public law that pertains to crimes and their punishment. A body of law that defines conduct that is prohibited by the state because it is considered harmful to the public, society, or state itself, and establishes the penalties for those who engage in such conduct

Goal of criminal law

aimed at protecting public peace, security, order, health, morality, or some other purpose, by deterring and punishing behaviour that is deemed evil, harmful or dangerous (criminal purpose)

who creates criminal law in Canada?

created by the federal government. Specifically the Parliament of Canada is responsible for enacting criminal laws that apply across the entire country (constitution act 1867)

What is the primary piece of legislation the governs criminal law in Canada?

the Criminal Code of Canada, which defines criminal offences, procedures, and penalties

What makes criminal law different from other branches of law?

1. nature of offences - criminal law deals with actions that are considered offences against the state or society as a whole, such as theft, assault, murder, rather than solely against the individual victim/victims

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

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

4. Burden of proof- 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, while judicial decisions interpret these laws and develop common law principles

substantive criminal law

legislation that defines the nature of various criminal offences (such as murder, manslaughter, and theft) and specifies the various legal elements that must be present before a conviction can be entered against an accused person

Criminal procedure

legislation that specifies the procedures to be followed in the prosecution of a criminal case and defines the nature and scope of the powers of criminal justice officials.

Judicial Decisions

courts interpret the meaning of statutory provisons and determine how they should be applied in specific cases. This body of case law helps clarify ambiguities in legislation and ensures that criminal laws are applied consistently.

What doctrine does Canada follow?

the doctrine of stare decsis meaning that the courts are bound by precedents set by higher courts

Civil law

stems from French law, particularly the Napoleonic Code, and was established in Quebec during French colonization. It is used exclusively in Quebec for matters of private law, including family law, contract law, and property law. It 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

Originates from English law, brought to Canada by British colonizers. it is based on the principle of stare decisis, meaning that the courts following precedents established by previous judicial decisions. It is used in all provinces and territories except Quebec. it emphasizes case law, where judges play a central role in shaping the law through their rulings.

What is a crime?

an act or omission that is prohibited by law and punishable by the state, and violates criminal law. They are also considered offences against society as a whole, even if the directly harm an individual or a specific group of people

How are crimes classified in Canada?

indictable, summary and hybrid

Summary Conviction offences

less serious crimes, such as causing a disturbance, minor theft (under a certain value and public intoxication). these offences carry lighter penalties, typically fines (up to $5000), probation, or shorter prison sentences (up to a maximum of six months in many cases). the legal process is simpler and involves a trial by a judge alone in a provincial or territorial court, no preliminary hearing and no right to a jury trial

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. Legal process is more complex, often involving preliminary hearings and the right to a trial by a judge and a jury

hybrid offences

True Crimes

Regulatory offences

True crimes Mens Rea

regulatory offences Mens Rea

True Crimes Penalties

regulatory offences penalties