CRM 200 Lecture Notes - Lecture 1: Polluter Pays Principle, Youth Criminal Justice Act, Pin Stripes
3 May 2018
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LECTURE 1
Glossary
• White Collar Crime:
o financially motivated crime committed for illegal monetary gain;
o crime committed by person of responsibility,
o high social status;
o fo pi stipes to jail stipes
o criminal offence
o eg. fraud
• Green Collar Crime:
o crimes committed against environment for profit,
o often by corporations or business ventures;
o polluter pays piiple you spill you pay
o regulatory offence
o eg. pollution
• Cyber Crime:
o crime that involves computer and network;
o computer may be used in commission of crime or be target of crime,
o fast growing area of crime due to technological advances
o newer criminal offences involving fraud,
▪ such as identity theft and identity fraud
White Collar Crime
Criminal Code
• offences created by Parliament of Canada,
• exclusive jurisdiction to enact laws against criminal offence;
• Code enacted in 1892, amended each year, new crimes created, revised, repealed
• Some crimes in other federal statutes,
o eg. drugs (Controlled Drugs and Substances Act),
o crimes committed by young persons (Youth Criminal Justice Act)
Criminal offences
• punish morally blameworthy conduct,
o eg., robbing a person (robbery)
• but not ot doig soethig
o watching person undress through open window, or failing to come to
peso’s assistae,
o unless legal duty to do so
• Crimes must be codified or set out in statute,
o eg., no offences at common law,
o but common law defences exist,
▪ eg., necessity, duress
• All crimes consist of 2 elements:
o physial eleet o pohiited at atus eus ad
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o etal eleet o fault euieet es ea
• Criminal Code contains Part dealing with fraudulent transactions: Part X – Fraudulent
Transactions Relating to Contracts and Trade
o Section 380 – Fraud
o Section381 Using Mails to Defraud
o Section 382 Fraudulent Manipulation of Stock Exchange Transactions
o Section 382.1 Prohibited Insider Trading
o Section 386 Fraudulent Registration of Title
o Section 387 Fraudulent Sale of Real Property
o Section 392 Disposal of Property to Defraud Creditors
o Section 393 Fraud in Relation to Fares
• Other types of fraud offences:
o Section 402.2 - Identity Theft
o Section 403 - Identity Fraud
o Section 404 – Personation at Examination
o Section 405 – Acknowledging Instrument in False Name
o Section 406 – Forging Trade-mark
o Section 408 – Passing Off
o Section 411 – Used Goods without Disclosure
• Key Principles of Criminal Law:
o Presumption of Innocence:
▪ accused presumed innocent (not guilty) until proven otherwise by Crown
o Burden of Proof:
▪ Crown bears burden of proof beyond reasonable doubt of guilt of accused;
▪ accused can raise reasonable doubt so as to be found not guilty of criminal
charge
o Elements of Criminal Offence:
▪ all criminal elements consist of two elements which must be proven beyond
reasonable doubt by Crown:
• (1) actus reus: physical element or prohibited act
• (1) mens rea: and mental element or fault requirement
Fraud, s.380(1):
Every one who, by deceit (dishonesty), falsehood or other fraudulent means, whether or not it is
a false pretence (an attempt to make something that is not the case appear true) within the
meaning of this Act, defrauds the public or any person, whether established or not, of any
property, money or valuable security or any service,
(a) is guilty of an indictable offence (criminal offence) and liable to a term of
imprisonment
o not exceeding 14 years,
▪ where the subject-matter of the offence is a testamentary instrument
or the value of the subject-matter of the offence exceeds $5,000; o
(b) is guilty (i) of an indictable offence (criminal offence) and is liable to
imprisonment for a term
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Document Summary
Indictable offence: includes fraud (s. 380) and identity fraud (s. 403: punishment: indictable offence 5 years, or summary conviction offence. Regulatory legislation is designed to ensure minimum standards are adhered to in: commerce, manufacturing, environmental protection, similar activities. Regulatory offences are frequently offences of omission(usually left out or excluded): at common law most crimes involved positive acts. Regulatory activities very broad: rules and laws about air we breathe, food we eat, transportation, from birth to death. Constitutionality reversal of burden of proof on defendant held to be constitutional in face of charter of. Rights and freedoms challenge under: s. 7 (principles of fundamental justice) and, s. 11(d) (presumption of innocence), r v wholesale travel group inc. , scc (1991) Federal government legislative jurisdiction can create criminal offences and regulatory offences: as long as in jurisdiction that federal government has power to, eg. , radio broadcasting, oceans, airports, penitentiaries; minor regulatory offe(cid:374)(cid:272)es (cid:272)alled (cid:862)(cid:272)o(cid:374)t(cid:396)ave(cid:374)tio(cid:374)s(cid:863)
