LAW 602 Lecture 1: LAW 602-Class #1
28 Mar 2016
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Document Summary
White collar crime or crimes in general-has to be enacted by the government, because of constitution act. Only crimes can be enacted by federal government. If it is not enacted in statue, it is not a crime. Fraud=criminal offence, focus on section 380 of code. Presumption of innocence=section 11d: presumed not guilty, unless satisfied beyond a reasonable doubt. Up to crown attorney to prosecute by ___ or ___ Traditional definition of criminal liability would mean you would focus on president, rep of company, ect. -criminal code was modified to address this. Both federal and provincial government can enact offences; only federal can be criminal. Therefore, regulatory offences can be both federal and provincial. Case brief-telemarketing company: founder/president, sen sales rep, director; 3 main actors. Make people feel that they were legal subscribers and needed to renew-they did not. Breathalyzer-section 1 of charter, when driving and arrested, then detained. Cyber crime with computer-computer can facilitate, be a victim, incidental.
