LAWS 2302 Lecture Notes - Lecture 11: Telephone Tapping, Psychological Testing, Intentionality
6 Apr 2018
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Document Summary
To stop crime & catch criminals, not to create crimes & criminals. 8, 9 & 10(b) of the charter: scc held, accused was unlawfully/arbitrarily detained, evidence was obtained illegally, conviction upheld, breaches of charter found not to be so egregious that administration of justice would go into disrepute (s. 24(2)) Mental disorder defense: two issues, fitness to stand trial, mental disorder at the time of the offence (s. 16, ex. Vince li found fit to stand trial but found ncrmd + granted absolute discharge. Presumptions in canada"s legal system: actus reus (wrongful deed) + mens rea (criminal intent) must be present for criminal guilt, accused must be found beyond a reasonable doubt for a guilty verdict to be reached. Fitness standard changes: r. v. taylor (1992) specified the best interest rule was too strict a criterion, five-day limit for fitness evaluations w provisions, if necessary. Issue of fitness may be raised at various stages of the proceedings.
