LS202 Lecture Notes - Dangerous Offender, Indictable Offence, Crown Attorney
24 Feb 2013
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Document Summary
Not everything we consider immoral, is considered a crime. 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 . Provinces govern quasi-criminal : driving offences, highway traffic act (almost criminal but not really) Ensure to let people know what"s a crime, ignorance is no excuse. Ensure fairness to avoid arbitrary power, violation of freedom. 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 . Areas of law that are not codified: ex. necessity to murder for food (cannibalism) look at case law (precedent) Filing of a statement of claim and statement of defense. Crown attorney (acts for best of society) who has ability to take case forward. Standard of proof; beyond a reasonable doubt.
