CRIM 330 Lecture Notes - Lecture 1: Indictable Offence, Concurrent Jurisdiction
11 Jan 2017
School
Department
Course
Professor
Document Summary
Raises concerns about geographic inequality in the application of the criminal code. Federal ag (in territories and conspiracies & substantive offences for non-code federal offences. Hybrid offences are a combination of both. S. 468, superior courts have jurisdiction to try any indictable offence. S. 553, absolute jurisdiction of the prov court. S. 536(2), election of mode of trial. S. 34(1) where an enactment creates an offence, the offence is deemed to be indictable if the enactment provides that the offender may be prosecuted for the offence by indictment. 786(2) no proceedings shall be instituted more than 6 months after the time when the matter of the proceedings arose. Generally, a sovereign"s authority is limited to matters within its own territory. General rule is that only crimes committed in canada may be tried here. Territorial limitations normally apply so as to restrict jurisdiction to the province where the offence was committed. Probation continues throughout vacation breaches are still breaches.
