CRI225H1 Lecture Notes - Lecture 1: Criminal Law Of Canada, Superior Court, Common Law Offence
16 Nov 2020
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Supreme court of canada: appeals from all provincial courts of appeal, decisions are binding on all courts in canada. In canada, the crown prosecutes, and criminal cases are styled regina or rex v. In canada, crimes are statutory or codified - in criminal code of canada, firearms act, Controlled drug and substances act, etc: unless offence is codified, it is not a criminal offence, the primary source of substantive criminal law is the criminal code of canada. Frey v fedoruk: a civil lawsuit, with a profound impact on criminal law. Fedoruk caught frey peeping in the window of his house; fedoruk chased frey and. Peeping was not an offence in the criminal code. Frey was convicted at trial, but his conviction was set aside on appeal. Frey then sued fedoruk for the tort (private wrong) of false imprisonment. Issue: was fedoruk entitled to hold ( imprison ) frey until the police arrived or was that.
