September 16 – Lecture 5 – Dennis Baker – POLS 3300
- minority – hypnosis has some problems – helped her remember something
specific about daughter’s piano lessons – important
- even without this evidence, he is still likely to be convicted – the courts
agreed on this – crucial evidence – SCC leads you to believe there is lots of
other evidence to convict him – 1992 the original act – now 2007 – evidence
is excluded – he is granted a new trial – admits everything he did – sentenced
to six years for manslaughter for something that is clearly murder – already
served 7 years in this process – get out of jail free card as soon as crown
decides to plea it out.
- it’s not that they aren’t important or shouldn’t be valued
- doctors don’t make medical or healthcare policy in Canada – Nelson
Wiseman said “The issue is actually best left to criminologists, rather than
politicians… their primary job is to get elected and to stay elected, it’s not to
fight crime. if you want to fight crime, join the police force.”
o Their expert testimony or suggestions given in parliament is taken
Introduction to the Criminal Code of Canada
- first Criminal Code passed by parliament in 1892
- 1867 – supposedly Canada’s birthday
- 1892 the CCC came in… so could you just walk around shooting people?
- They followed British Commonwealth law at the time!
- Common law system ‘received’ in Canada prior to 1892.
- CCC is a codification os established practices
- What happened to the common law?
o Offences abolished in 1955 reforms (except for contempt of court s. 9)
o “no more offences at common law” – you could not be found guilty
from a common law offence
o you cannot be charged unless that offence is in the CCC.
o Defences remain by virtue of section 8(3)
“Every rule and principle of the common law that renders any
circumstance a justification or excuse for an act of a defence to
a charge continues in force and apples in respect of
proceedings for an offence under this Act or any other Act of
Wasn’t considered a defence
Overtime, it became an accepted defence in Canada
It’s still not in the CCC
Commonlaw most famous defence from California –
twinkie defence – “because he had eaten too many September 16 – Lecture 5 – Dennis Baker – POLS 3300
twinkies that day, he was on a sugar rush an