Class Notes (806,694)
Canada (492,412)
LS 202 (89)

Sources of Criminal Law

2 Pages
Unlock Document

University of Waterloo
Legal Studies
LS 202
Frances Chapman

LS 102 SOURCES OF THE CRIMINAL LAW JAN 15 Not everything we consider immoral, is considered a crime  Ex. Adultery, abortion Constitution act sets out division of powers (power to prosecute criminal matters)  Criminal code is federal *applicable to every province+ s. 91” criminal law and procedures relating to criminal matters” Provincial offences  Provinces govern “Quasi-criminal”: driving offences, highway traffic act (almost criminal but not really) No Retroactive  ensure to let people know what’s a crime, ignorance is no excuse Rule of Law  ensure fairness to avoid arbitrary power, violation of freedom Not Vague  does it apply or not? Unsure. Give offender benefit of doubt if confusion 2 primary sources  Legislation  Crime consist of conduct that is prohibited and is considered an offence against all of society  Criminal code – substantive criminal law: talks about specific crimes/defenses  Judicial decisions that interpret the legislation “common law” Common Law  Areas of law that are not codified: ex. necessity to murder for food (cannibalism) look at case law (precedent) CRIMINAL LAW & CIVIL LAW  Tort = private wrong  Civil  Filing of a statement of claim and statement of defense  Victim of control  Standard of proof; balance of probabilities  Plaintiff and defendant  Found liable and collects damages  Wrong judgment impacts a few people  Criminal  Federally or provincially appointed judge  Crown attorney (acts for best of society) who has ability to take case forward  Plead guilty or not guilty  Victim little control  Standard of proof; beyond a reasonable doubt  Victim and accused  Found guilty and convicted and punished  Wrong judgment can make society question criminal justice system HISTORICALLY  Felonies, treasons and misdemeanors (not terms we use today)  Today: summary (least serious) hybrid (middle) indictable (most serious) offences  SUMMARY: 6 months in jail, fine of $5000 (
More Less

Related notes for LS 202

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.