Unit 3
INTRODUCTION CRIMINAL LAW
IS THIS CRIMINAL?
WHAT IS A CRIME?
• Turn to your neighbour
and brainstorm what you
think a “crime” is
• Write your definition
down in 3-4 sentences and
include an example.
Criminal Law
Deals with offences committed
against society
Federal gov’t. has jurisdiction over
criminal law (criminal laws are the
same throughout Canada, unlike the
U.S.)
Criminal Code is main source of
criminal law in Canada, although
some criminal laws are found in
statutes.
Criminal Law vs. Civil Law
Criminal Law
◦ Deals with offences committed against society
Civil Law
◦ Deals with offences committed against individuals
Criminal Law & Civil Law
Suppose Ron decides to break into Kathy’s house to steal her electronic equipment.
He breaks the door lock with a crowbar and enters the house when no one is home.
He leaves with a laptop computer, a stereo-CD player, a DVD player, and a digital camera.
The Criminal Code describes Ron’s offence as “break and enter” and sets a penalty
for committing the offence
Questions:
• How would this case be named? (legal citation)
• Why do you think that the punishment for breaking into a dwelling house
(private residence) is more severe than for breaking into a business or store?
Criminal Law & Civil Law
Legal Citation: R. v. Ron
Criminal Law:
• Breaking and entering is a criminal offence, a crime against society as people
have the right to live safely in their own homes and to keep their own
possessions.
• Penalty given as this is unacceptable against society to infringe on these
rights.
Civil Law:
• Kathy can’t be compensated for her personal losses under criminal law.
However, she can sue Ron for damages under civil law at a different time and
in civil court.
Criminal Law & Civil Law
In Summary:
• The gov’t acts for the benefit of society, not for the individual victim.
• When a person is found guilty of crime, that person will be given a penalty
(fine or a term in prison).
• Penalty is to punish or rehabilitate offender to deter others from breaking
the law.
• Keep in mind… although criminal court may order offender to make
restitution (pay back victim), it is often up to the victim to seek
compensation by suing the offender in civil court.
*Quasi-Criminal Law
•Laws passed by provinces,
territories and municipalities
•Resemble criminal law but are not
considered actual crimes
•Punishments are usually fines
(won’t have a criminal record)
•Example: Highway traffic violation
*Criminal or Quasi-Criminal Law?
Types of Offences
Summary conviction
◦ Less serious offences
◦ Criminal Code penalties are
maximum $2000 fine and/or
imprisonment for 6 months
◦ Shorter trial process
◦ Examples:
◦ Cruelty to animals
◦ Causing a disturbance
◦ Nudity
◦ Soliciting
◦ Trespassing at night
Types of Offences
Indictable
◦ Serious offences
◦ Criminal Code maximum penalty
is life imprisonment
◦ Some offences carry a minimum
penalty (2 years – life)
◦ Examples:
◦
◦
◦
◦
Murder (1st, 2nd, manslaughter)
Robbery
Aggravated Assault
Theft over $5000
Manslaughter Case - Oct 2013
Types of Offences
Hybrid offence:
• Crown Attorney decides whether a charge will
be dealt with as summary or indictable
◦ i.e. Theft under $5000, Mischief, Sexual Assault
EXIT PASS
1. What is the main purpose for criminal law?
2. Explain difference between criminal and civil law.
3. Compare Criminal law vs. Quasi-Criminal law.
Give an example of each.
4. Name 1 type of criminal offence and provide an
example.
NAME THAT CELEBRITY
CRIMINAL
NAME THAT CELEBRITY
CRIMINAL...
She built an empire on a foundation of cooking, sewing,
decorating and all-around good taste.
But in 2004, she traded her designer duds in for an
orange jumpsuit when she went to jail for insider
trading.
After serving five months, she launched a public
relations campaign that reclaimed her status as one of
the most powerful – and tasteful -- women in America.
WHAT LEVEL OF OFFENCE DID SHE COMMIT?
NAME THAT CELEBRITY
CRIMINAL...
Convicted of the crime of driving under the
influence aka DUI.
But the incident was magnified by the media
attention it generated.
The nation watched with eager anticipation as
she was taken to jail, followed her daily
activities while she was behind bars and then
cheered her release three weeks later.
No other celebrity has captured our attention
for such a relatively small offense.
WHAT LEVEL OF OFFENCE DID SHE COMMIT?
NAME THAT CELEBRITY
CRIMINAL...
According to this actress, she had simply
forgotten to pay for thousands of dollars worth
of merchandise stuffed in her purse when she
was apprehended leaving a Saks Fifth Avenue
store in Beverly Hills. Police disagreed.
She was convicted of grand theft and given
three years probation.
Her career suffered a worse fate -- she has yet
to land a leading role in a major movie since her
conviction.
WHAT LEVEL OF OFFENCE DID SHE COMMIT?