The Principles of Canadian Law

• "Actus non facit reum nisi mens sit rea (An act does not make a person guilty unless they have a guilty mind)"


  • Each crime has two components: actus reus (the act of doing something) and mens rea (guilty intent).
  • To be convicted of crimes, a person must have done something criminal and usually–not always–must have intended to do it.
• "Nullum crimen sine lege, nulla, poena sine lege (no crime without a law, no punishment without a law)"


  The rules cannot change in the middle of the game; laws cannot be applied retroactively.
• "Ignorantia juris non excusat (ignorance of the law is no excuse)"


  There is an expectation that every citizen be familiar with all the laws and therefore able to distinguish between legal and illegal behaviour.
• "Nemo tenetur seipsum accusare (no one is compelled to incriminate themself)"


  Criminal suspects and defendants have the right to remain silent during the police investigation. If they are forced or threatened to make a confession, that statement will be inadmissible in court. In addition, a criminal defendant may choose not to testify in their defence. This principle is enshrined in the Charter.
• "Nemo debet bis vexari pro eadem causa (no one should be twice troubled by the same cause)"


  An alleged offender cannot, under most circumstances be tried twice for the same offence. An alleged offender can be retried after being acquitted if the Crown successfully appeals the decision by claiming problems with the correct application of the law at the trial.
• The Rule of Law


  Requirement that governments as well as individuals be subjected to abide by the law.
• What is the essence of the Rule of Law?

  That no one person is above the law, all persons are bound by the law and are entitled to protection by the law, and the law should be observed and enforced equally.
• Where can The Rule of Law be traced back to?

  It can be traced by to the English Magna Carta which was issued by King John in June 1215.
• What are the key principles of The Rule of Law?

  • The government and its officials and agents as well as individuals and private entities, are accountable under the law.
  • The laws are clear publicised, stable, and just; are applied evenly and protect fundamental rights.
  • The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
  • Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.