Crimes in Canada
Audrius Stonkus
Strict and Absolute Liability
Offenses
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Non-Intent Offences
There are two sets of circumstances
whereby only actus reus, but no
mens rea need exist in order for a
crime to have occurred. This means
that no moral fault exists. The first are
strict liability offences, and the second
are absolute liability offences. These
are not true criminal offences, but
rather contravention of regulatory
statutes.
Strict Liability Offences
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For offences of this nature, the general protection
of the public is the intent, rather than punishment
of offenders. These include primarily quasicriminal offences of regulatory nature, to protect
the health, safety, environment and general
welfare of the public. Examples include wildlife
laws at the provincial level, and laws regarding
taxation and environmental protection at the
federal level.
Due diligence may be offered as a defence to a
strict liability offence.
Absolute Liability Offences
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Absolute liability includes
commitment of a regulatory
offence, but offers no defence as is
available in the strict liability
offence. Examples of an absolute
liability offence would include failing
to stop for a stop sign, or speeding.
Strict Liability/Due Diligence
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Know that a strict liability offence depends for
conviction only on proof of the physical element
of the offence (actus reus), although there is no
negligence on the part of the accused
As a defence to a strict liability offence, an
accused person must prove the exercise of due
diligence in order to avoid committing the
offence. Due diligence involves demonstrating
that one has undertaken to do everything possible
to avoid committing an offence. In this way,
because of reasonable belief in a mistaken set of
facts, which would, if true, have made the action
nonoffensive, the accused person may be deemed
free from fault.
Absolute Liability
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Absolute liability offences are regulatory offences
based on proof that the accused committed the
prohibited act (actus reus), but need not involve
proof of criminal intent (mens rea).
Know that absolute liability is similar to strict
liability, but there is no potential for due diligence
or mistake of fact as a defence in the case
absolute liability. The Canadian criminal justice
system accepts offences as absolute liability
offences only when the written statute explicitly
identifies the intention of absolute liability.
Questions
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What is a "Strict Liability" offence?
Provide an example.
What is an "Absolute Liability" offence?
Provide an example.
Why are strict liability and absolute
liability offences not true criminal
offenses?
What is due diligence? Why is due
diligence used as an offense against a
strict liability offence?
Criminal Code Offenses
Types of Criminal Code Offences
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The Criminal Code of Canada outlines
the provisions of conduct deemed
offensive to society. These may be
categorized according to the following
criteria:
Offences Against People
Offences Against Property
Offences Against Morality
Offences Involving Automobiles
Being Party to an Offence
Controlled Drugs and Substances
Act
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The establishment of contraband substance offences has changed
from the Criminal Code to the Controlled Drugs and Substances Act,
in order to encompass a larger number of offence-creating statutes
into one piece of legislation, and to better reflect societal
understanding of this area of law. The Controlled Drugs and
Substances Act includes schedules for classification of certain
categories of drugs. These include:
Schedule One - includes heroin and cocaine. This schedule provides
for the most serious penalties because the substances included within
it are deemed to present the greatest health and social difficulties.
Schedule Two - includes marijuana and other forms of cannabis.
Schedule Three - includes drugs such as amphetamines and LSD.
Schedule Four - includes drugs such as barbiturates and anabolic
steroids. This category includes substances that are legal to possess
with a prescription, but are illegal to possess without a legally
obtained prescription, and are also illegal to import, export or traffic.
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Offences Against People
Know that under the provisions of the
Criminal Code of Canada (2000), offences
against people include homicide,
manslaughter, counselling or aiding
suicide, assault and sexual assault.
Offences Against Property
Know that under the provisions of the
Criminal Code of Canada (2000), offences
against property include theft, break and
enter, mischief and fraud.
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Offences Against Morality
Know that under the provisions of the Criminal
Code of Canada (2000), offences against morality
include gambling in contradiction to regulations,
prostitution and obscenity.
Offences Involving Automobiles
Know that under the provisions of the Criminal
Code of Canada (2000), offences involving
automobiles include impaired driving, driving with
excess alcohol in the bloodstream, failure to
provide a breath sample, criminal negligence and
dangerous driving.
Drug Offences
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Know that there are six types of drug offences created under
the Controlled Drugs and Substances Act. They include:
possession
trafficking
possession for the purpose of trafficking
importing and exporting
production
possession of the proceeds of drug offences
Another drug-related offence created under the Criminal Code
of Canada is that of impaired driving. While most commonly
associated with the use of alcohol, impaired driving also is an
offence that occurs in the event that an individual operates a
motor vehicle while under the influence of other drugs.
Questions
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How is a Schedule Four drug different from the other
classification under the controlled drugs and substances
act?
Why does a schedule one drug carry a larger penalty
than any of the other classifications of drugs?
Label the following as either an offence against people,
property, or morality.
Teenagers pulling the cable TV connection out of the
school wall during a weekend party Publishing a nude photograph on a personal website Providing someone with a gun after they have disclosed
plans for a suicide. What are the six types of drug offences?
Criminal Attempts
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While completed actus reus (physical action) is a
necessary element of proof in most serious
criminal matters, the actions of attempting to
commit a criminal offence may also be deemed as
offensive in the legal sense.
For example, if an individual thinks or talks about
committing a criminal offence, no law has been
broken.
However, if the same person attempts to take
action toward actually achieving the intended
offence, then a criminal offence has been
committed, even if the action has not been
successfully completed.
Attempt
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Know that under the Section 24 of the
Criminal Code of Canada, when an individual
attempts to undertake an offence, an action
or omission directly connected with the
intended crime is, in itself, a criminal
offence.
Know that three essential elements of the
criminal offence of attempt are intent to
carry out an unlawful act, some act or
omission toward committing the offence,
and noncompletion of the criminal act.
(Completion of the action would eliminate
the offence of attempt.)
Parties to an Offence
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One need not be the principle character
carrying out a criminally offensive action
in order to be guilty of the offence. In
Canada, it is a criminal offence to be
party to a criminal offence under the
following circumstances:
aiding and/or abetting
counselling
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Aiding or Abetting
Know that an aid to a criminal offence is a person who
knowingly assists in the commission of a crime in any
way.
Know that an abettor to an offence is one who knowingly
encourages another to commit a criminal act.
Counselling
Know that counselling may be charged when one
advises, recommends, solicits or incites another person
to be party to an offence. Under section 464 of the
Criminal Code of Canada, an offence of this nature
occurs when the counselling occurs regarding a crime
never committed.
Under section 22 of the Criminal Code of Canada, a
counselling offence occurs when an actual crime is
committed, and this is deemed much more serious an
offence.
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Accessory After the Fact
Another of the criminal offences that may be
committed without being the principle offender
is that of accessory after the fact. This may
include providing food, clothing and shelter to
one who has committed an offence, if it is
determined that such assistance was provided
for the purpose of enabling that person to
escape. However, a married person may not,
under current law, be convicted of the charge
of accessory after the fact when they are an
accessory to the offence of a spouse in this
manner.
Accessory After the Fact
Know that it is a criminal offence according to
Section 23 of the Criminal Code of Canada,
when a person who, knowing that another
person has committed a criminal offence, helps
that person to escape
Questions
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Why is a criminal attempt a crime? What are
the criteria of a criminal attempt?
What does it mean to be a party to an offence?
In what two ways can you be a party to an
offence?
What is the difference between aiding and
abetting and counselling an offence?
What is meant by being an accessory after the
fact? What condition is required in order to be
an accessory after the fact?