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Federal vs. Provincial Powers in Criminal Law

• Federal government has exclusive authority over criminal law.

• Provinces can enact regulatory laws, not real criminal laws.

• Use of pith and substance test for legislative jurisdiction.

Criminal Code of Canada

• Covers substantive criminal law (offence definitions) and procedure.

• Supplemented by other statutes (e.g., Controlled Drugs and Substances Act).

Regulatory & Quasi-Criminal Law

• Provinces punish breaches with fines or jail (regulatory focus).

• Municipal by-laws are included.

Boudreault Decision (2018)

• Case Name: R. v. Boudreault, 2018 SCC 58.

• Supreme Court struck down mandatory victim surcharge as unconstitutional.

• Constitutional Violation: Found to violate $s. 7$ (right to life, liberty, and security of the person) and especially $s. 12$ (right not to be subjected to any cruel and unusual treatment or punishment) of the Canadian Charter of Rights and Freedoms.

• Reasoning: The Court determined that imposing a mandatory financial penalty on marginalized individuals (e.g., homeless, addicted, impoverished) without discretion for their ability to pay, amounted to cruel and unusual punishment. This created undue hardship, exacerbated their marginalization, and could lead to repeated incarceration for fine default.

• Impact: The decision restored judicial discretion, allowing judges to waive the victim surcharge in cases where it would cause undue hardship.

• Courts can limit Parliament's criminal law powers.

Impaired Driving (Section 320.14)

• Criminal offence to operate while impaired by alcohol/drugs/combinations.

• Protecting public safety is a federal role.

Actus Reus Elements of Crime

• Three parts: conduct, circumstances, consequences.

• In some cases, certain conduct aspects may be omitted for prevention (e.g., impaired driving).

Care or Control Definition

• Defined through Boudreault case: realistic risk of danger must be present.

• The "Realistic Risk of Danger" Test: For "care or control" without actual driving, the Crown must prove a realistic risk of danger to the public. This does not require proof of actual harm but rather a real potential that the vehicle could become dangerous.

• Indicators of Care or Control: This can include actions like:

  • Entering the vehicle with the intent to drive.

  • Starting the engine.

  • Manipulating vehicle controls (e.g., radio, heater) in a way that implies potential operation.

  • Being found asleep in a vehicle with the keys accessible, particularly if the vehicle is in a location where it could be moved.

• Context is Key: The assessment considers all circumstances, such as the vehicle's location, the driver's position, and the accessibility of keys. The purpose is preventive: to catch impaired individuals before they cause harm on the road.

Key Concepts in Criminal Law

• Actus Reus = physical act (or omission).

• Mens Rea = mental state; both must coincide to establish guilt.

Special Cases and Regulations

• Some offences (e.g., perjury) do not require proof of consequences.

• Offences can be based solely on condition/state rather than active conduct.

General Principle of Liability for Omissions

• No liability without a pre-existing duty to act.

• Voluntary assumption of duty can create legal obligations (s. 217).

• Relevant exceptions noted.

Legal Duties Imposed by Criminal Code

• Section 215: Duty to provide necessaries of life.

• Section 218: Abandonment of children.

Criminal Negligence & Manslaughter

• Criminal Negligence (Section 219): Defined as showing a wanton or reckless disregard for the lives or safety of other persons.

• Criminal negligence: Wanton disregard for safety.

• Variances in prosecution based on choice of charge (negligence causing death vs. manslaughter).

Principle of Coincidence of Actus Reus and Mens Rea

• Must occur together for liability to attach.

• Courts adopt flexible approaches to ensure culpability.