AHSS 1160 Lecture Notes - Lecture 2: Youth Criminal Justice Act, Fundamental Justice, Mens Rea
31 Jul 2018
School
Department
Course
Professor
Document Summary
Identifying problematic behaviour: defining the behaviour as a crime via legislation, regulating the behaviour through law enforcement, punishing those who commit the behaviour. Categories of criminal law: substantive criminal law, procedural criminal law, criminal liability, substantive criminal law. Written laws that define specific behaviours as crimes. Based in common values of what is right and wrong. Always changing with new laws and new interpretations: procedural criminal law. Procedures for the processing of cases through criminal justice system. Focus on legal guilt of the offender rather than factual guilt. Sexual assault laws ~ changes in substantive criminal law and procedural criminal. Involves weapon, threat of weapon, or bodily harm. Involves serious bodily harm or endangerment of life. 1992: bill c-49 allows sexual history to be introduced under strict guidelines. 1997: bill c-46 provides guidelines on when counselling records of complainant are relevant and should be produced. In response to seaboyer v. r and gayve v. r.
