Class Notes (837,539)
Canada (510,303)
Criminology (2,472)
CRM2300 (281)

CRM 2300 lecture 2.docx

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Vajmeh Tabibi

CRM 2300 Lec 2 Overview of the Canadian Criminal Process Levels of Court Systems in Canada - Provincial/Territorial Court o Most summary charges are dealt here - Superior o More serious offences - Appeal o Sometimes not considered a court system o If you appeal a conviction o Not about whether they’re guilty or not guilty, it’s a dispute of processes - Supreme Court of Canada o Highest court o Deal with charter of rights challenges, cases they need to expand and interpret law and make it more clarified Substantive Criminal Law - Defines the nature of various criminal offences such as murder - Specifies various legal elements to be present before a conviction can be entered against an accused person o Eg. Feeny committed first-degree murder and police approach his trailer and see him sleeping and see his bloody shirt on the floor and the weapon. They entered the trailer and took the evidence and charged him. Brought him to court and went through the process but he had a defense because the police didn’t follow the legal element before conviction because they did not have a warrant to enter his premises. He was let go. After Feeny the law changed and police must have a warrant to enter the premises. - It defines some of the nature and scope of various defenses o Provocation and Duress o Common law defenses = self defense and necessities Procedural Criminal Law - Outlines the procedures to be followed in the prosecution of a criminal case - The categorization of offences - The procedures as to whether the cases to be treated as summary or indictable or dual - Defines the nature and scope of the powers of criminal justice officials - “Accused”, “Discharged” First degree murder = planned/premeditated Second degree murder = not planned Categories of Crime 1. Summary Convictions Offences - Definition: offences are tried rapidly and within the provincial
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