Unit 3: Canada’s
Criminal Justice System
Introduction:
Legal Fundamentals
Brainstorm

What comes to mind when you think of criminal
justice?
Friends
Family
Personal Interest
Personal Experience
TV and Movies
(Law and Order)
(CSI)
school
Rumors
And hearsay
News
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.
Criminal Law

Deals with offences committed against
society
Example: “break and enter”



Charged under the criminal code (determined by
parliament – reflects the values of society)
If found guilty – fined, imprisoned or community
service
Penalties fail to compensate the victim

Victims must sue for damages under civil law
 Only offences defined in federal law can
truly be called crimes in Canada
 Activities covered by provincial or
municipal laws for which there are penalties
similar to those for criminal acts, are not
“crimes” per se, but are generally referred
to simply as “offences” or “Quasi-Criminal
Law”.
i.e., speeding, not wearing a seatbelt,
drinking under age
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



Don’t deal with actual crimes
Example: Highway Traffic Act, city bylaws
Acts usually result in a fine
Need for Criminal Law




Keep order in society
Offers penalties to help deter crime
Focus is not to compensate victims
Public wants:


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criminal law should protect people and property
Some want harsh penalties to discourage
potential offenders or to punish wrongdoers
Some want rehabilitation
Nature of Criminal Law

Parliament decides what is a crime and
passes laws to change the Criminal Code

Criminal Code reflects the values of society

Hot topics = Heated debates (euthanasia,
gun control, abortion, marijuana, pornography
For an act to be subject to
criminal penalties
1.
2.
3.
4.

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
Any reform to the Criminal Code must take these
conditions into consideration
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 citizen’s rights as
outline in the Charter
Determine and follow precedence
Types of Criminal Offences
Summary Conviction Offences

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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

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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
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
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


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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 don’t 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
5.
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

Don’t 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:

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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
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.




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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 (can’t 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
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helping someone escape (includes providing
food, clothing of shelter)
harbouring a criminal
Excluding spouses

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 it’s self

Conspiracy

agreement between two or more people to
commit a crime or to achieve something legal
by doing something illegal