CRIM 101 Lecture Notes - Lecture 2: English Criminal Law, Mens Rea, Ontario Provincial Police
14 Jun 2018
School
Department
Course
Professor
Criminal Law in Canada
Criminal Law
• “The entire set of principles, procedures and rules established by
governments through the courts and criminal code in order to ensure
public safety” (jone, 2015)
• Includes definitions of crimes, criminal responsibility, punishments,
and defences to criminal charges
• Criminal laws include both a prohibition, and a prescribed punishment
Criminal Law and Civil Law
Criminal Law
• Violation of public order, prosecuted by “the state”
• Finding of guilt or innocence
• Burden of proof: beyond a reasonable doubt
• Results in criminal penalties (eg. Imprisonment) (jones, 2015)
Civil Law
• Infringement of contract or rights of another citizen
• Party who feels “wronged” brings civil suit
• Burden of proof: balance of probabilities
• Results in an award of damages (eg. Monetary compensation)
(Griffiths, 2011)
The Origins of Criminal Law
• Most of the criminal laws in Canada- murder, robbery, assault- were
inherited from English common law
• England does not have a criminal code per se; rather English criminal
law operates on the principal of “common law”
• Canada adopted its own
Criminal Code
in 1982, although it retained
to power to create common law until 1950s
find more resources at oneclass.com
find more resources at oneclass.com
Common Law
• English body of law defined through successive decisions by judges,
over generations and even over centuries (common law is not
defined through legislation)
• Canadian judges are permitted to exercise discretion in their
decisions, and often write detailed legal explanations to justify their
decisions (similar to common law)
• Common law crimes were abolished in Canada in 1953, when the
Canadian
Criminal Code
was consolidated
• Some legal decisions (eg. Supreme Court of Canada decisions) can
become binding on lower courts, but Canadian judges are still
bound/constrained by legislation (eg. the
Criminal Code)
The Canadian Criminal Courts
• Adjudication of criminal cases divided between two levels of court-
provincial or territorial “superior courts,” and provincial or territorial
“inferior courts”
• Provincial and territorial superior court judges are appointed by the
federal government, but the courts are administered and paid for by
the provincial or territorial governments
• Superior courts deal with the most serious cases, both criminal and
civil
• Provincial and territorial court judges are appointed by the provincial
or territorial governments; again, courts are administered and paid
for by the provinces or territories
• Provincial and territorial inferior courts have jurisdiction over less
serious criminal and civil matters
find more resources at oneclass.com
find more resources at oneclass.com
Provincial Superior Courts
Superior Court-Trial
• Called Supreme Court of British Columbia, Court of Queen’s Bench in
Alberta, Superior Court of Justice in Ontario
• Deals with serious criminal and civil cases; may hear appeals of
decisions made by provincial/territorial court
• Cases may be heard by judge alone, or by judge and jury
Superior Court-Appeal
• Called B. C. Court of Appeal, Court of Appeal of New Brunswick,
Appeal Division of the Supreme Court in Prince Edward Island
• Hears appeals of decisions (criminal and civil) made by
provincial/territorial court and superior court trial division
• Cases heard by three Appeal court judges
The Court Hierarchy
• Supreme Court of Canada has jurisdiction over Superior Court Appeal
and Trial Divisions and over inferior courts
• Superior Court of Appeal has jurisdiction over Superior Court Trial
Division and Provincial (inferior) Court
• Superior Court Trail Division has jurisdiction over Provincial (inferior)
Courts
• Supreme Court of Canada hears fewest number of cases, and hears
only those cases it considers important; makes decisions/sets
precedents binding on lower courts
• Superior Court Appeal Division hears fewer cases than Trial Division
or Provincial/Territorial Courts, but more cases than Supreme Court of
Canada; makes decisions and sets precedents binding on Superior
Court Trial Division and Provincial/Territorial Courts
• Superior Court Trial Division hears fewer cases than
Provincial/Territorial Courts, but hears many more cases than
Superior Court Appeal Division; makes decisions/sets precedents
binding on Provincial/Territorial Courts
• Provincial/Territorial Courts hear the majority of cases- all summary
conviction offences, hybrid offences, some indictable offences, bail
hearings, preliminary inquiries, violations of provincial statues,
find more resources at oneclass.com
find more resources at oneclass.com
