Content (Teacher Information)
Concepts and Knowledge Objectives
Other Offence Creating-Legislation in Canada
Social Change
Along with the Criminal Code, there are other
legislative statutes that contain criminal provisions.
Examples include the federal Food and Drugs Act, the
Official Secrets Act, the Emergencies Act, and the
Controlled Drugs and Substances Act at the federal
level, and the Highway Traffic Act at the provincial
level. These provisions in legislation are necessitated
by new circumstances as they arise in society. These
non-criminal code offences may be federal, provincial
or local in jurisdiction, and all contain provisions for
penalties when contravened.
Know that societies adjust to a pattern of realities
(natural, social, technological) in ways that seem
reasonable at the time.
Know that over time realities change, making it
necessary for society to respond.
Quasi-Criminal Law
Quasi-Criminal Law
While the constitution designates the power to make
criminal law exclusively to the federal government,
provinces are empowered to enact laws on all matters
falling within their jurisdiction. This has further
empowered local governments to make laws. Indian
bands have authority to pass laws for the benefit of
the reserve under provisions of the federal Indian Act,
while municipalities have authority to pass laws for the
benefit of local communities under provisions of
provincial statutes.
Know that law made by provinces, municipalities
and band councils is known as quasi-criminal
law, because criminal law can be enacted only at
the federal level.
Regulatory Offences
Regulations
Regulatory offences include those non-criminal code
offences that contravene regulations of federal,
provincial or local government statutes. The
regulations define the details supporting the
implementation of a statute (which is written to
describe the general intent of lawmakers), and are not
subject to the legislative process of statutes. These
regulatory offences include such items as improper
disposal of herbicides and pesticides, exceeding the
posted speed limit and operating an unlicensed motor
vehicle. Consequences of contravening a regulation,
or any quasi-criminal law, are not as serious as is
contravention of a criminal code statute. No criminal
record results from contravention of quasi-criminal or
regulatory law, and the sanction is usually less serious
than in cases contravening criminal law.
Know that the regulations are the implementation
details of quasi–criminal statutes and other noncriminal statues.
Know that quasi-criminal law creates offences
for which sanctions may be imposed according
to the statutes of the jurisdiction. Examples
include traffic laws, wildlife protection laws
and local by-laws.
Know that regulatory limits on individual actions
are designed to enhance quality of life for all
citizens.
Skills/Abilities Objectives
Values Objectives
Develop and apply criteria as a basis for coming
to conclusions.
Appreciate that the outcome of any evaluation
is
dependent upon the criteria selected as the
basis for making judgments.
Apply skills of dialectical evaluation:
 defining relevant viewpoints within the
information
 testing the view points for factual accuracy
 testing the viewpoints for their morality
 evaluating the factual and moral testing
 forming a conclusion about the issues.
Understand that criminal law reflects moral
values and social policy objectives in the context
of the society in which it operates.
Appreciate the differences between criminal law,
quasi-criminal law and regulatory offences.
Apply the moral tests of:
 role exchange
 universal consequences
 new cases.
Instructional Notes
1. Ensure students understand that regulatory and quasi-criminal offences are in fact
contrary to law, and carry penalties for unlawful conduct. Create a listing of quasicriminal and regulatory offences from student experiences.
2. Have students create a chart comparing regulatory offences, quasi-criminal offences,
and Criminal Code offences.
3. Have students reflect on impaired driving laws. Engage in dialectical reasoning
exercise to answer the question, “Are the Canadian impaired driving laws effective?”
Issues in the Law
1. Examine a criminal law such as impaired driving. What are the moral reasons for its
criminalization? What social policy objectives are reflected in the impaired driving
laws in Canada?
2. Reflect upon ways in which laws restrict our freedom. Then explore ways in which
laws improve our freedom. Write a brief reflection paper discussing whether
Canadian law is more than a set of rules telling individuals can not do.