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Minds On:
Can you solve the mystery?

This is a story about a girl. While at the funeral

of her own mother, she met a guy whom she did
not know, but was part of her family. She thought
this guy was amazing, so much her dream guy she
believed him to be, that she fell in love with him
there but never asked for his number and then a
few days later the girl killed her own sister.

Question: What is her motive in killing her

sister?

Answer:

The girl wanted to see the man again, but couldnt

since she did not have his number. Since he was
somehow connected to the family, he would presumably
show up at her sisters funeral too

This is a diagnostic test to determine if someone is a serial-killer.

I will need to speak to you privately if you got it correct

CRIME is any act or omission of an act that is

prohibited and punishable by federal statute

Omission

of an act means some crimes are your

failure to act in certain situations that you should
have

Ex. Failure to stop at the scene of an accident

you were involved in

A CRIME is considered to be an offense

against the victim and society as a whole

Criminal law is the body of laws that

prohibit and punish acts that injure
people, property, and the entire
community.

The purpose of criminal law is to:

1.
2.
3.

Protect people and property

Maintain order
Preserve standards of public decency

federal statute that contains the majority of the

criminal laws passed by Parliament
1st

est. in 1892 by Sir John A. Macdonald

It lists the offences, the sentences to be imposed, and the
procedures to follow when trying those accused of crimes
Applies equally to all Canadians
Occasionally amended to reflect changing values in Canadian
society (ex. gun laws from the 1800s may no longer apply)
Examples of other federal acts that contain criminal laws:

http://laws-lois.justice.gc.ca/eng/acts/

 Administration

of the criminal justice system is

shared between the federal and provincial
governments

Federal

government makes laws for all of Canada

but provincial courts handle the cases

Provinces

and municipalities do make criminal laws in

their area of jurisdiction such as traffic and liquor
control and are known as quasi-criminal laws

Quasi-criminal

laws are laws covering less serious

offences at the provincial or municipal level; most
often punishable by fines

The following (4) conditions must be

present for an act or omission to be
considered a crime:
1. The act is considered wrong by society
2. The act causes harm to society in general or
those in need of protection
3. The harm is serious
4. The remedy must be handled by the criminal
justice system.

Tori Stafford Juror Seeks

Compensation
https://www.youtube.com/watch?v=oTjO3uIQ5J

Unit 3: Canadas
Criminal Justice System

Introduction:

Legal Fundamentals

Lady Justice

Symbols and imagery:

What do they mean?

Think!

Fundamental Principles of Criminal

Justice

The Presumption of Innocence:

The Burden of Proof:

Anybody charged to a crime is presumed to be innocent.

The crown (state) is responsible to prove the defendant
guilty.

the defendant must be released unless the crown proves

guilt beyond a reasonable doubt

Habeas Corpus:

the right not to be detained or imprisoned unlawfully.

If the crown can't show cause, the person must be
released.

Legal Fundamentals continued

The Right to a Fair and Speedy Trial:

Fairness - assured by jury, unbiased judge, rules, etc.
Speed 100 000 drunk driving cases were thrown out of court in
Ontario because they had taken too long

Equality Before the Law:

Justice is Blind
not young/old, rich/poor, male/female, culture, religion, etc.
a.k.a. rule of law no one is above the law

British common law:

Based on British law
Includes: protection against self-incrimination, protection of being
tried for same offence twice (double-jeopardy), use of precedent

Unit 3 Criminal Law

Crime: Canadian
Definition

a violation of a law that prohibits

specific activities, and for which there is
a punishment that is set out by the
state
In Canada, a crime is anything that is
defined by Parliament to be a crime.

The Power to make Criminal

law

1867 Provinces gave jurisdiction over criminal law

to the federal parliament

to decide which actions were crimes and set punishments

for crimes

Quasi-Criminal Law those laws passed by the

provinces / territories / municipalities that are not
considered part of criminal law

Dont deal with actual crimes

Example: Highway Traffic Act, city bylaws
Acts usually result in a fine

The Criminal Code

Criminal Code is the main source of criminal law in

Canada

Other Criminal offences are listed in statutes passed by

Parliament (Controlled Drugs and Substances Act)

Describes offences that are considered crimes, as

well as punishments for crime

Judiciary (judges and courts)

interpret the criminal laws and apply them to individual cases

Determines if a law trespasses upon citizens rights as
outline in the Charter
Determine and follow precedence

Types of Criminal Offences

Summary Conviction Offences

Minor
Can be summoned to court without delay
Max. penalty: $2000 and/or 6 months in jail
Other statutes may have more severe penalties

Indictable Offences

Serious crimes
Criminal Code set up max penalties for each offence
Penalty decided by the trial judge
Some indictable offences have min. penalties that judge
must impose (D & D = $600 5 years imprisonment)

Types of Criminal Offences

continued
Hybrid Offences

Crown attorney has the right to proceed

summarily and impose a less severe punishment,
or to proceed by indictment
Hybrid offences include impaired driving, assault
and theft under $5,000

ELEMENTS OF A CRIME:
In

order for a person to be convicted of a

crime, the Crown must prove beyond a
reasonable doubt that two elements existed
at the time the offence was committed.

Actus

reus + Mens rea = Crime

The Elements of a Crime

Actus reus guilty act or wrongful deed as

defined in the Criminal Code or related

statute

This can be an action or an ommission (lack of

action) or a state of being

Must be shown that the person committed an act

prohibited by law
Failure to do something (example: for parents to
withhold the necessities of life for their children)

The Elements of a Crime

Mens Rea guilty mind

Mens rea is the technical term for the blameworthy

state of mind that must be proven beyond a
reasonable doubt by the Crown

Mens Rea Continued

Intent the true purpose of the act. Carrying out a criminal act

1.

while being aware what the results will be and ignoring the
consequences.
Example: bringing a weapon to a robbery

General intent- intent is limited to the act itself. Committing a wrongful

act with no ulterior motive

Example: hitting someone because you are angry

Specific Intent- when the person committing the offence has a further
criminal purpose. Committing a wrongful act in order to accomplish

another.

Example: hitting someone because you want to steal something from him

Law considers some people incapable of forming intent (i.e. mental

illness, minors, extreme intoxication)

The Elements of a Crime cont

Mens Rea guilty mind

Knowledge- knowledge of facts prove mens rea

2.

Motive- reason for committing an offence

3.

Not the same as intent

Does not establish guilt of the accused
Can be used as circumstantial (indirect) evidence

Recklessness - Careless disregard for the possible result of an

action

4.

People dont intend to harm others however they understand the risks of
their actions and proceed anyway
Example: taking prescription drugs that you know make you drowsy and then
operating a motor vehicle

Negligence - doing something or omitting to do something with

wanton disregard for the lives or safety of other persons
Example: throwing a beer bottle out of a moving vehicle and injuring someone

Willful blindness - turning a blind eye to the consequences of

your action
Example: buying stolen property that you should know has been stolen

Offences without a Mens Rea

Usually violations of federal or provincial regulations

passed to protect the public (speeding). Applies to
Quai-Criminal Law only.

Regulatory offences

Carry less penalties

Dont carry stigma associated with criminal convictions

2 Types

1.
2.

Strict Liability Offences

Absolute Liability offences

Offences without a Mens Rea Cont

1.

Strict liability offences:

The liability (legal responsibility) is said to be strict because the

defendants will be convicted even though they were genuinely
ignorant of one or more factors that made their acts criminal no
need to prove mens rea
Example: Strict liability offenses include failure to remain,

driving while suspended, driving without insurance, failure

to wear a seatbelt or careless driving, selling alcohol to an
underage person, drug and weapon possession
Therefore it is only necessary to prove the offence was
committed
Due diligence: defense used by the defendant (took care not to
commit the offence or honestly believed in a mistaken set of
facts)

Offences without a Mens Rea Cont

Absolute liability offences:

2.

Crown need only prove actus reus

no possible defence (no act was taken to prevent)
if the person committed actus reus, he or she is guilty, no
matter what precautions were taken to avoid committing the
offence (cant use due diligence)
law does not specify which regulatory offences are strict
liability or absolute
Example: Absolute liability offenses include speeding, yielding
to traffic and failure to stop at a red light
prison term for an absolute liability is unconstitutional

Parties to an Offence
Aiding or Abetting
Aiding means to help someone commit a crime
Abetting means to encourage someone to
commit a crime

Accessory After the Fact

helping someone escape (includes providing

food, clothing of shelter)
harbouring a criminal

The Crown must prove 2 things to

convict someone of aiding or
abetting:
1. the accused had knowledge that the
other person intended to commit the
offence
2. the accused actually helped or
encouraged the person to commit the
offence
Established in case: Dunlop and
Sylvester v. The Queen, [1979] 2 S.C.R.
881

Attempt
intends

to commit the crime, but fails

actus reus for attempt begins in the first steps
towards committing the crime (preparatory
stages are decided by judge or jury)
can be tried for the act its self

Conspiracy
agreement

between two or more people to

commit a crime or to achieve something legal
by doing something illegal