5.1 Criminal Law Introduction - Study Notes

Law 101 | Criminal Law Introduction

Introduction

• Delivered by Professor Steven Penney.

• Dates: January 3, 2023.

• Key topics overviewed in the course:

  • Introduction to Criminal Law

  • Basic Principles of Criminal Law

  • Detention and Questioning Principles

  • Search and Seizure Procedures

  • Legal Remedies in Criminal Law

  • The Trial Process.

Overview of Criminal Law

• What is Criminal Law?

  • Criminal law is a body of law that defines criminal offenses and specifies the punishments for those offenses.

• Sources of Criminal Law

  • The Constitution, Statutes, Case Law, and Regulations are important sources that determine how criminal law is interpreted and applied.

• Criminal vs Regulatory Offences

  • Distinction is crucial:

  • Criminal Offences: These involve actions that are considered harmful to society as a whole. Prosecution is typically carried out by the state.

  • Regulatory Offences: Primarily involve violations of regulations set by governmental agencies, often subject to civil rather than criminal sanction.

Fundamental Concepts

• Fundamental Norms of Criminal Law:

  • Set out societal values and principles that are protected through criminal legislation.

• Wrongs Against Society:

  • Criminal acts are seen as wrongs against the collective society rather than individuals.

• Substantive vs Procedural Law:

  • Substantive Law: This defines rights and duties and outlines the conduct that constitutes a crime.

  • Procedural Law: This governs the processes through which the substantive law is enforced.

Legislative Framework

• Constitution Act, 1867, Section 91(27):

  • Grants the federal government the power to legislate criminal law (except the constitution of courts of criminal jurisdiction).

  • Specifies that it includes the procedure in criminal matters.

• The Criminal Code (Canada):

  • Contains the legal provisions relevant to criminal law in Canada.

• Criminal Code, Section 9:

  • States that no person shall be convicted of an offence at common law but allows for the court's authority to impose punishment for contempt of court.

• Constitution Act, 1867, Section 92(15):

  • Discusses the imposition of punishment, via fine, penalty, or imprisonment, for enforcing laws within specified subjects.

Law Enforcement

• Emergency Response:

  • Call 911 for emergency services. An example of local law enforcement, e.g., Edmonton Police Service, is given for context in managing emergencies.

Legal Professionals

• Discussion of roles within the criminal justice system:

  • Crown Prosecutor: Represents the state in prosecutions of criminal offenses.

• Mention of various legal acts contributes to an understanding of how roles and laws function.

Statutory and Constitutional Interpretation

• Interpretation of laws serves a foundational role in the application of criminal law, including:

  • Judge-made rules: These pertain to the law developed through court rulings, including matters such as evidence and police powers.

Federal and Provincial Jurisdiction

• Summary of responsibilities:

  • Federal Jurisdiction: Specific areas like criminal law, external relations, and immigration fall under federal regulation.

  • Provincial Jurisdiction: Areas such as property rights, education, and health care fall under provincial control.

Mens Rea

• Definition:

  • Mens rea refers to the mental state or intent of the defendant at the time of committing a crime. Understanding mens rea is critical for establishing culpability.

  • Phonetic pronunciation: /mɛnz 'ri:ǝ/

Burden of Proof

• Distinction in criminal liability:

  • Crown's Burden: The Crown must prove the conduct of the accused.

  • Reverse Onus Situations: Certain defenses may place the onus upon the defendant to show due diligence or a valid defense.

Conclusion

• Thank you for attending the session. Further engagement in discussions surrounding these fundamental legal concepts is encouraged.