Justice: What is justice in
Canada?
CRIMINAL LAW:
1. NATURE OF CRIMINAL LAW
2. THE ELEMENTS OF A CRIME
3. TYPES OF CRIMINAL OFFENSES
The Need for Criminal Law
Purposes of criminal law:
• Rehabilitation
• Prevent recidivism
• Address underlying issues
• Reintegration into community
• Protection/Prevention
• Threat of punishment
• Sets standards
• Punishment
• Isolation
• Deprivation
How do these relate to
the 3 approaches to
justice (retributive,
rehabilitative,
restorative)?
The Nature of Criminal Law
“The Criminal Code reflects the values of society by
declaring certain actions to be criminal. Reform of the
Criminal Code usually reflects a shift in these values
and may occur because of public pressure.”
Conditions for Criminality
• The action must harm other people.
• The action must violate the basic values of society.
• Using the law to deal with the action must not violate the basic
values of society.
• Criminal law can make a significant contribution to resolving
the problem.
(Law Commission of Canada)
Elements of a Crime
Actus reus
• Wrongful deed that is prohibited by law.
• 1) Action/
• 2) Failure to act
Must be present at
the same time
Mens rea
• A guilty mind
• 1) Intent
• True purpose of the act
• General (limited to the act, no further criminal purpose)
• Specific (further criminal purpose)
• 2) Knowledge
• Need not prove an intent…
• 3)Recklessness
• Careless disregard, even if intent to harm not present.
Criminal Code of Canada: History
• England resistant to codification,
colonies experimented
•Canada’s Efforts
• 1867- Codification a goal of Sir
John A Macdonald
• 1869- set out explicit authority to
federal government consolidation in
coinage offenses, forgery, larceny,
personal, property, perjury,
procedure.
• 1892- Original Criminal Code
achieved
• "Just think of it Canada! The
first to enact a complete
codification. It is far and
Canadian Criminal Code:
away the best measure of
http://laws-lois.justice.gc.ca/eng/acts/C-46/
the kind ever submitted to
any legislature."
Criminal Code of Canada: Selections
1.
2.
3.
4.
Mens rea? (intent, Knowledge, Recklessness)
Actus reus? (Action, Inaction)
Punishment?
Legal terms?
Criminal Code of Canada: Selections
1.
2.
3.
4.
Mens rea? (intent, Knowledge, Recklessness)
Actus reus? (Action, Inaction)
Punishment?
Legal terms?
Criminal Code of Canada: Selections
1.
2.
3.
4.
Mens rea? (I, K, R)
Actus reus? (A, I)
Punishment?
Legal terms?
Criminal Code of Canada: Selections
1.
2.
3.
4.
Mens rea?
Actus reus?
Punishment?
Legal terms?
Criminal Code of Canada: Common Crimes
homicide
non-culpable
homicide
culpable homicide
murder
manslaughter
first degree
second degree
infanticide
accidental
self-defense
Section 231
unintentional, directly, indirectly by means of
•Planned and• deliberate
unlawful act
•Law enforcement officer
• result if defense of provocation or intoxication
•In concurrence
with
other crime
used
in murder
case (mens rea)
•All
other
intentional
murder
•Related to criminal harassment
(heat of the moment)
•While using explosives
•Related to terrorism
Criminal Code of Canada: Common Crimes
Aggravated Assault
• committing Assault that wounds, maims, disfigures
or endangers life
• mens rea required: commit bodily harm
Level 3
Assault causing bodily harm
• committing Assault while using a weapon or
causing bodily harm
Level 1
• bodily harm: interfere with health/comfort in
more than a fleeting way
Assault
• direct/indirect intentional force without consent
• attempting/threatening to apply force
•Approaching, blocking, begging with weapon/imitation of
Punishment
Severity
Level 2
Criminal Code of Canada: Common Crimes
Criminal Code of Canada: Offenses and Penalties
Indictable Offenses
•
•
Life Imprisonment
•
Accessory (murder), Criminal negligence causing death, Extortion
•
Mail interference, Sexual assault (aggravated), Terrorism
14 years
•
•
10 years
•
•
Abduction (under 14), Prison breach, Theft over $5000
5 years
•
•
Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery
Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling
2 years
•
Abandoning child, Common bawdyhouse, Dueling
Summary Offenses
• 6 months
• Coin defacing, Impersonating a peace officer, Soliciting
Hybrid Offenses
• False alarm fire, Mailing obscene matter, Uttering threats