CRIMINAL LAW
‘The only thing necessary for the triumph of evil is for good men to do nothing.’
Edmund Burke (1729-1797),
British parliamentarian and political thinker
The Nature of Crime
Crime
• An act, or omission of an act, or state of
being that is prohibited and punishable, as
defined in the Criminal Code or by
federal statute
The Law Reform Commission of Canada has
stated that, in general, four conditions must
exist 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
and any individual victims.
3. The harm caused by the person’s actions
must be serious.
4. The person committing the crime must be
punished by the criminal justice system.
Criminal Code of Canada
Section 91 (27) Constitution Act, 1867
1892 – Criminal Code of Canada enacted.
1955 – Reduced from 1100 sections to 753
1986 – Revised draft to make less complicated
Parliament failed to implement revisions
• A federal statute that contains the majority of the
criminal laws passed by Parliament.
• The Criminal Code lists not only the offences, but
also the sentences to be imposed and the
procedures to follow when trying those accused
of crimes.
• The Code is meant to reflect the social values of
the majority of Canadians.
• Parliament amends the the Code to reflect the
change in values or to ensure the protection of
Canadian society.
Canadian Criminal Code:
http://laws-lois.justice.gc.ca/eng/acts/C-46/
Summary Conviction vs. Indictable Offences
Summary Conviction Offence:
A minor criminal offence with less sever punishments, which is usually tried soon after the
charge is laid (summarily) without a preliminary hearing or jury
Ex. Heckling or bullying; possession of a certain amount of marijuana
• There is a 6 month limitation period for laying a charge for a summary conviction offence
Indictable Offence:
A serious offence with a severe penalty, proceeding by way of a formal court document
called an indictment. The Criminal Code sets a maximum penalty for each offence.
Ex. robbery, murder, breaking and entering
• There is no statute of limitations (time limit) for laying a charge of an indictable offence
• For serious indictable offences, the accused can choose whether to be tried by a prov.
Court judge alone, by a judge of the superior court of the province or territory alone, or
by a judge of the higher court with a jury.
Hybrid Offence:
A criminal offence proceeding by way of a summary conviction or an indictable offence; the
Crown decides which way to proceed. The Crown often bases its decision on the previous
record of the accused.
Ex. impaired driving, assault, public mischief, and theft under $5000
Penalties vary…..from two years imprisonment to 10 years
Elements of a Crime
Actus Reus
‘the guilty act’ –
demonstrates a voluntary
action, omission, or state of
being is that prohibited by
law
+
Mens Rea
‘the guilty mind’ –
demonstrates that the
act was intentional,
knowing, negligent,
reckless, or willfully
blind
=
Crime
Intent:
• a state of mind in which someone desires to carry out a wrongful action, knows what the
results will be, and is reckless regarding the consequences.
general intent: the desire to commit a wrongful act, with no ulterior motive/ purpose
specific intent: the desire to commit one wrongful act for the sake of accomplishing another
Note that intent is not the same as motive. Intent involves the anticipated direct outcome of
an act, in the specific and general sense. Motive on the other hand, is the underlying rationale
(reason) for committing a crime. While a motive may be useful evidence in a trial, it is not
one of the elements of the offence that the Crown must prove in order to convict the accused.
Criminal Code of Canada: Selected Sections
Identify:
• Mens Rea (intent/knowledge/recklessness)
• Actus Reus (action/omission/state of being)
• Punishment
Criminal Code of Canada: Selected Sections
Identify:
• Mens Rea
(intent/knowledge/recklessness)
• Actus Reus (action/omission/state
of being)
• Punishment
Criminal Code of Canada: Selected Sections
Identify:
• Mens Rea (intent/knowledge/recklessness)
• Actus Reus (action/omission/state of being)
• Punishment
Criminal Code of Canada: Selected Sections
Identify:
• Mens Rea
(intent/knowledge/reck
lessness)
• Actus Reus
(action/omission/state
of being)
• Punishment
In Review…Thinking it Through
Understanding and Comprehension
 What kind of law is the Criminal Code of Canada?
 How can the Criminal Code be changed?
 What are the two conditions that compose a criminal act?
 What makes an action criminal?
Critical Thinking and Application
 What factors influence what kind of actions are determined to be criminal?
 Is the Criminal Code infallible?
 Should a criminal code be reflective or aspirational of a society’s cultural, moral, political,
philosophical beliefs?
Parties to an Offence
perpetrator: the person who actually
commits the crime
parties to an offence: those people who are
indirectly involved in committing a crime
aiding: a criminal offence that involves
helping a perpetrator commit a crime
abetting: the crime of encouraging the
perpetrator to commit an offence
counselling: a crime that involves advising,
recommending, or persuading another
person to commit a criminal offence
accessory after the fact: someone who
knowingly receives, comforts, or assists a
perpetrator in escaping from the police
conspiracy: an agreement between two or
more people to carry out an illegal act, even
if that act does not actually occur
Case Study: Aiding or Abetting?
R. v. Goodine, 1993
One summer afternoon in 1992, Todd Johnston went for a ride with his girlfriend and two
friends, Jason Boyd and Cory Goodine. After driving on country roads near Arthurette, New
Brunswick, Johnston stopped the truck. Without warning, he shot Boyd in the head with a
revolver. He then removed Boyd’s body from the truck and dragged it a short distance.
Still holding the revolver, Johnston ordered Goodine to ‘get off the truck and help me
because you are in on this, too.’ Goodine obeyed Johnston’s orders to drag the body into the
woods. When the victim moaned, Johnston shot Boyd again in the back of the head. Medical
evidence at trial indicated that either shot would have caused Boyd’s death.
A few days later, Goodine told two of his friends about the murder and led them to Boyd’s
body. The next day, the friends reported the incident to the police. They arrested Goodine
and charged him with being an accessory after the fact to murder. The juryacquitted the
accused following a trial. The Crown appealed to the Court of Appeal, but the appeal was
dismissed.
Goodine was not charged. Why do you think that was. Explain your reasoning.
The Provincial Court System
The provincial court is at the bottom of the hierarchy of Canadian courts.
This court:
• arraigns the accused (reads the charge and enters the plea) in all criminal cases
• holds preliminary hearings for the most severe indictable offences, where the accused
elects to have the case tried in a higher court
• hears and tries criminal summary conviction cases and the least serious indictable
offences such as theft under $5000
preliminary hearings: a judicial inquiry to determine whether there is sufficient evidence
to put the accused person on trial
• serves as a screening process and protects the accused person from an
unnecessary trial; it also protects the Crown and the public from the expense of
a trial that may not be required.
The judges in this court are appointed by the provincial court.
Superior Courts of the Provinces
The superior court of the province is the highest level of the provincial criminal and civil
court system. It consists of a trial division and appeal division.
This court:
• tries the more severe crimes such as manslaughter and sexual assault and the most
severe indictable offences such as murder and armed robbery
• hears criminal appeals in summary conviction cases
• sets provincial precedent; decisions must be followed by provincial court judges in that
province
• can be composed of a judge alone or a judge and jury
The judges in this court are appointed by the federal government
Provincial Court of Appeal (Superior Court)
This is the highest court and the final court of appeal in the province. Many appeals stop
here as the Supreme Court of Canada accepts only appeals that are deemed to be of great
importance.
This court:
•
hears appeals from the trial division and provincial superior courts
•
sets provincial precedent; decisions must be followed by all judges in that province
•
has three to five judges to hear all appeals
The judges in this court are appointed by the federal government
Federal Courts of Canada
In 2003, the former Federal Court of Canada was separated into two distinct courts:
i. the Federal Court
ii. the Federal Court of Appeal
The Federal Court has jurisdiction over cases involving federal government boards,
tribunals and commissions, and issues within federal jurisdiction. These include
immigration and citizenship matters, and intellectual property, as well as cases involving
the federal government.
The Federal Court of Appeal hears the appeals of decisions by the Federal Court. Decisions
of this court may be appealed to the Supreme Court of Canada.
Supreme Court of Canada
The SCC is the final court of appeal in Canada.
Before it agrees to hear an appeal, the court determines if the issue is of great importance or
if a question of law must be decided or interpreted. However, there is an automatic right of
appeal when there is a split decision from a provincial court of appeal.
The Supreme Court of Canada:
• has unlimited jurisdiction in criminal matters
• hears appeals from provincial appeal courts and the Federal Court of Appeal
• hears cases of national importance (for example, interprets Charter of Rights and
Freedoms or clarifies a criminal law matter)
• generally grants leave (permission) before the appeal will be heard
• sets a national precedent in its judgments; these decisions must be followed by all judges
in all courts of Canada
The nine judges of the Supreme Court are appointed by the federal government and can
serve until the age of 75.