 Trial
procedures in Canada are based on the
ADVERSARIAL SYSTEM – two opposing sidesthe Crown and Defence.
 There are many key players in a trial:
Judge- Appointed by the Fed government
1.



Have complete control of courtroom
May determine guilt/innocence if there is no jury
Sentences the offender
Crown/Prosecutor- Represents the state (and
society)
2.


Has the BURDEN OF PROOF- Onus is on the crown to
prove that the accused is guilty BEYOND A
REASONABLE DOUBT
Prosecutors must disclose all available evidence
whether they plan to introduce it or not, even if it
may weaken their case- principle of disclosure.
Defence- Represents the accused
3.

Ensures that the accused’s legal rights are protected and
that a proper legal defence is provided (if possible)

Plant seeds of doubt in the minds of the judge or jury so
the accused can not get convicted.
Court Clerk and Court Recorder
4.

Court Clerk- reads out the charge against the accused,
swears in the witness, handles evidence and paperwork.

Court Recorder- records word for word all evidence given
and all questions and comments made during trialaccurate records are VERY important for the
Sheriff
5.

A Crown-appointed official who acts as part of the justice
system- serves summons, carries out court orders
Other Court officials
6.

Probation officers

Representatives from non-profit organizations
To
obtain a conviction the
Crown must prove beyond a
reasonable doubt that EACH
and EVERY element of the
offence with which the accused
is charged was in fact
committed by the accused.
CULPABILITY-
guilt;
blameworthiness
Actus Reus
CRIME
Mens Rea
Latin for a “guilty act”
 Physical Component
 The act or omission (failure to act) that has been
identified by Parliament as sufficiently harmful
to warrant state intervention
 It is usually very easy to determine the Actus
Reus of a crime by reading the CCC


EX.- s.222 (1) “A person commits homicide when,
directly or indirectly, by any means, he causes the
death of a human being.”

What is the Actus Reus of Homicide?

Causing the death of a human being.
 The
actus reus of an offence is not always so
easy to determine

EX- S. 90 (1)- “Every person who commits an
offences who carries a weapon...concealed,
unless the person is authorized under the
Firearms Act to do so.”



Is there any trouble with determining the Actus Reus
of this crime?
What defines a weapon?
Is having something in the trunk of your car a
concealment?
This is where it is necessary for the
judges to interpret the law and apply
precedents.
Actus
Reus must be committed
voluntarily-it must be the
conscious choice of an
operating mind.
People are not held criminally
responsible for actions they
cannot control.
“Actus non facit reum nisi mens sit rea”
The act will not make a person guilty unless the mind is also
guilty.






Latin for “guilty mind”
Mental component
Moral guilt
A person must be found to have had the necessary “state
of mind” or mens rea for the offence before they can be
found guilty.
It is irrelevant whether or not the person knew the act was
illegal. Ignorance of the law is not an excuse.
EX- S. 319 (2) it is an offence to wilfully promote hatred.

What is the mens rea in this offence?
What
a reasonable person would
have understood, perceived or
foreseen in a circumstance
Less
concerned with the actual
knowledge of the accused
 Accused
state of mind at the time of the
commission (court tries to determine what
the accused was thinking at the time of the
offence)
 Only actual intention or knowledge of effects
are relevant
 Requisite intention
The Mens Rea that the Crown is required to
establish in order to convict an accused of an
offence (the person intended to commit the
crime)
DIRECT INTENT-
1.

Where a person commits intentionally a
forbidden act with the knowledge of all the
wrongful circumstances which statute seeks to
prohibit
RECKLESSNESS
2.


Accused may not intend the consequences of
their actions
If they understand the real risk of the
consequences they will be deemed to have
intent (a reasonable person ought to know)
 EXAMPLE-

Assume that you require prescription glasses to
operate a car. You have misplaced your glasses
but you decide to drive without glasses. As a
result you cannot see and you veer into oncoming traffic and cause a major accident.
*** You had the necessary intent to commit a
crime because you behaved recklessly. –
Dangerous operation of a motor vehicle.
WILFUL BLINDNESS
3.

Accused has suspicion of the consequences of
action and fails to inquire because they do not
want to know the answer, they will be deemed
to have intent (to suspect and not question)
 Example

Amanda and Keisha are walking down the street
when they come across some DVD stalls. Keisha
notices the DVDs are a lot of cheaper than in the
store. She wonders if they might be illegal copies.
She decides that she’d rather not know either way.
She buys two DVDs for $8.
 REMEMBER
the accused may not intend the
consequences of their actions
 If they understand the real risk of the
consequences of their actions they will be
deemed to have intent-recklessness
 If the accused has suspicions of the
consequences of actions and fails to inquire
because they do not want to know the
answer, they will also be deemed to have
intent- willful blindness
OVERALL INTENT HAS
MORE TO DO WITH
KNOWLEDGE OF
CONSEQUENCE AND
CIRCUMSTANCE NOT
MOTIVE!
MENS REA OFFENCES
1.

The Crown must prove Actus Reus and the
direct intent beyond a reasonable doubt to
convict. This category is for serious crimes
that have a sentence of 10 years or more.
STRICT LIABILITY OFFENCES
2.


The Crown must prove Actus Reus and
subjective intent beyond a reasonable doubt to
convict.
The accused has an opportunity to prove DUE
DILIGENCE (the accused did everything possible
to prevent the crime from occurring).
 EXAMPLE:

Local residents of a small Ontario town have been complaining
about a strange smell coming from a nearby stream. When
environmental officials come to investigate, they notice a spill
between the stream and a large aluminum factory. They trace
the spill to a defective pipe belonging to the factory that is
used to transport waste from the factory to the sewage plant.
Even though factory officials claim they did not know about
the spill, the company is charged with an offence under the
Ontario Environmental Protection Act.
ABSOLUTE LIABILITY OFFENCES
3.



The Crown must prove Actus Reus beyond a
reasonable doubt- no mens rea necessary.
Actus Reus= Mens Rea
This category is for summary offences.
 EXAMPLE:

Speeding ticket, driving without a licences
 Each
of the following parties will be charges
with the SAME offence. Their role will only
be taken into consideration upon sentencing.





Principle Actor- The person who commits the
crime
Aider- One who helps the principle in the
commission of the crime.
Abettor- One who encourages the principle actor
during the commission of the crime.
Conspirator- One who helps to plan the crime.
Accessory after the fact- One who helps the
principle actor escape the law.
 Ratio
Decidendi- The reason for the
decisions, the principle that the case
establishes.
 Intra Vires- Within the powers
 Ulta Vires- Beyond, outside of in excess of
powers: that which is beyond the powers
authorized by law for an entity.