CRM 2300 Lecture Notes - Lecture 3: Regulatory Offence, Presumption Of Innocence, Endangerment

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Christopher Sibbald

Document Summary

True crimes vs regulatory offences: acts or conducts that are abhorrent to the basic values of society (murder) vs conducts that are prohibited because unregulated activities would result in dangerous conditions (speeding). Regulatory offences: enforcement of a regulatory scheme that addresses legitimate activities. Crown: must establish the commission of the prohibited act. The accused: must prove on the balance of probabilities that he/she was not negligent. Came into force in 1982 as part of the constitution act. Empower judges: can use their discretion, also if someone brought a charter challenge the can strike it down. Section 1: allows government to justify certain infringement of charter rights. Right of life, freedom of arbitrary imprisonment, right to presume innocence until proven guilty. 24-32: clarifications on the steps that need to be taken. 34: the first 34 sections of the constitution act may be collectively referred to as the canadian charter of rights and freedoms.