criminal law

• Criminal law in Canada

  The main source is the Criminal Code, which describes which acts are offences and their punishments
• Conditions for an act to be considered a crime

  • The act must be considered immoral by most Canadians
  • The act must cause harm to individuals and society
  • Harm caused by the act must be serious in nature
  • The person must be punished by the criminal justice system
• Legal


  Any action that does not harm others and is not against the law
• Illegal


  An action that is considered immoral; not legal but also not criminal
• Criminal


  An action that is considered immoral and potentially harmful to others; included in the Criminal Code
• Principles of procedural justice

  • Fairness (no bias toward accused)
  • Efficiency (process is timely; no lengthy delays)
  • Clarity (accused understands the process)
  • Restraint (officials are disciplined and professional)
  • Accountability (officials are responsible for actions)
  • Participation (process must be open for scrutiny)
  • Protection (accused is not abused by officials)
• Types of criminal offences

  • Summary Conviction (less serious, misdemeanours)
  • Indictable (more serious, severe punishment)
  • Hybrid (Crown decides summary or indictable)
• Maximum penalties for offences

  • Summary: $2000 fine and/or 6 months in prison
  • Indictable: Life in prison
  • Hybrid: 2-10 years in prison
• Statute of limitations


  A time limit to lay charges
• Statute of limitations for offences

  • Summary: 6 months
  • Indictable: No time limit
  • Hybrid: Depends on summary or indictable
• Actus Reus


  A wrongful deed or guilty act
• Mens Rea


  A guilty mind or the mental element
• "Actus non facit reum nisi mens sit rea"
• Recklessness


  Careless disregard for the possible results of an action
• Willful Blindness


  Purposely ignoring certain facts or information; "turning a blind eye"
• Knowledge


  Knowing certain facts can lead to mens rea
• Motive


  An accused's reason for committing a certain act
• Attempt


  Intending or attempting to commit a crime but failing to complete it
• Conspiracy


  An agreement between two or more people to commit a crime
• Aiding


  Assisting or helping someone to commit a crime
• Abetting


  Encouraging a person to commit a crime
• Accessory after the fact


  Knowing a crime has been committed but helping the person who committed the crime escape or hide from the police
• Organized crime


  A group of three or more people with a common identity for criminal purposes
• Types of courts in Canada

  • Provincial Court - Criminal Division
  • Provincial Superior Court - Appeals & Trials
  • Provincial Court of Appeal
  • Federal Court
  • Supreme Court of Canada
• Provincial Court - Criminal Division

  1. Arraigns the accused (reads charge; enters plea i.e. guilty or not guilty)

  2. Holds preliminary hearings for very serious indictable offences

  3. Hears and tries summary conviction offences and less serious indictable offences (e.g. theft under $5000)
• Provincial Court - Criminal Division judges

  Appointed by provincial governments
• Provincial Superior Court - Appeals & Trials


  • Tries the most serious crimes (ex. murder, robbery)
  • Hears criminal appeals in summary offences
  • Sets provincial precedent; new decisions must be followed by other judges in that province
  • Can be a judge alone or judge and jury
• Provincial Superior Court - Appeals & Trials judges

  Appointed by the federal government
• Provincial Court of Appeal

  • Is the final court of appeal in the province
  • Sets provincial precedent for other judges to follow
  • Has three to five judges to hear appeals
• Provincial Court of Appeal judges


  Appointed by the federal government
• Federal Court


  • Is divided into two parts: Federal Court and Federal Court of Appeal
  • Hears legal disputes that involve the federal government (e.g. jurisdiction, immigration, copyright issues)
• Decisions of the Federal Court


  May be appealed to the Supreme Court
• Supreme Court of Canada


  • Is the highest court of appeal in the country
  • Hears appeals but only under certain conditions: issue must be of national importance, a law must be interpreted
  • Has unlimited jurisdiction and usually sets national precedents when issuing a decision
• Supreme Court of Canada judges

  There are nine judges, appointed by the federal government, can serve until they reach the age of 75
• Section 11 of the Charter, Rights at Trial


  Provides specific rights for any person charged with an offence
• Rights under Section 11 of the Charter


  • The right to be told what the specific offence is without an unreasonable delay
  • The right to be tried within a reasonable time
• An accused cannot be forced to testify
• Anyone charged cannot be denied reasonable bail without good reason
• Everybody has the right to a trial by jury if the case involves serious criminal charges
• Cruel and Unusual Treatment or Punishment

  Our criminal laws set limits on penalties