In-Depth Notes on Criminal Law and Criminal Offences

Defining Crime and Criminal Offences

Definition: Criminal law is a category of public law that punishes behavior leading to injury to individuals and/or property.
Jurisdiction: In Canada, most criminal law is created by the federal government.

Omission of an Act: Refers to the failure to perform a task required by law.
- Examples:
- Failing to stop at the scene of an accident.
- Not acquiring the necessary licensing for a firearm.
- Not providing essential needs to one’s child.
State of Being: Involves having access to something that is legally prohibited.
- Example: Possession of restricted drugs.

Cultural Variation: What is considered a crime differs across cultures and evolves over time.
- Example: Changes in legal views on adultery, prostitution, and homosexuality.
Response to Crime: Shift in public policy, such as the abolition of capital punishment for severe crimes.
Need for Protection: Societal efforts to protect vulnerable groups: minors, disabled, elderly.

Crime's Impact on Community: A crime impacts society far beyond the immediate victim; it disrupts community welfare.
Government Obligation: It is the government's duty to investigate and act against criminal activities to uphold public order.

Preservation of Public Decency: Supports cordial relationships and structured interactions among citizens.
Rule of Law: Everyone must act lawfully (law-abiding) and engage in community safety initiatives (e.g., Neighborhood Watch, Crime Stoppers).

Functionality: The Criminal Code outlines various offences, corresponding sentences, and the procedural aspects of trials.
Flexibility of Law: It is not embedded in the Constitution, allowing for amendments in response to societal changes or security concerns.
- Example Issues:
- Protecting children from sexual abuse.
- Legislation against terrorism.
- New laws for technological crimes (e.g., cyberbullying, credit card fraud).

Heritage: Canada's criminal law, with the exception of Quebec, is derived from British law.
Uniformity in Law: John A. Macdonald aimed for a single set of laws across Canada to reduce confusion.
Criminal Code Establishment:
- Passed in July 1892; amended almost annually but never completely revised.
- The 'Code' combines descriptions of crimes with legal procedures.

Shared Jurisdiction: While Parliament creates and updates criminal laws, provinces manage their own court systems.
- Provincial courts handle most criminal cases.
- Federal courts deal with supreme and appeals court cases.
Quasi Criminal Laws: Non-criminal laws holding penalties similar to criminal offences but involve less complex procedures.
- Examples include traffic laws and environmental regulations; mostly resolved through fines but could lead to jail time in rare instances.