Lecture 4

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Woodsworth College Courses
David Davies

WDW225 October 14, 2010 Actus Reus Part Two Lecture 4 All Charter rights other than s.7 Step 1: does the law infringe the Charter right? Step 2: can the law be justified (saved) in a free and democratic society under s.1 (R. v. Oakes) -pressing and substantial objective AND -rational connection, AND -minimal impairment, AND -overall proportionality -the rational connection between the objective and the criminal conduct is often well justified and effective -is the harm caused to whatever rights infringed well justified and not overbroad -big vs. minimal infringement on charter right; benefit vs. harm Section 7 (exception to general rule) Step 1: does the law infringe the right to life, the right to liberty or the right to security of the person? Step 2: if yes, does it do so in a way that is inconsistent with the principles of fundamental justice (overbreadth, vagueness, minimum requirement for mens rea etc.) NO law does not violate s.7 YES law does violate s.7 Laws that violate s.7 cannot be saved under s.1; therefore no s.1 or Oakes analysis Every criminal offence has: Actus Reus + Mens Rea (physical element + mental element), (criminal act +criminal intent) ACTUS REUS Always defined in the Criminal Code -could be more than one element to the act reus -read the Code sections -will involve an act or omission -might specify a particular consequence (might specify causation) -might specify a particular circumstance (absence of consent) Example: participating in the activities of a terrorist group 83.18(1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. But there is more (2) An offence may be committed under section (1) whether or not a) a terrorist group actually facilitates or carries out a terrorist activity; b) the participation of the accused actually enhances the ability of the group c) the accused knows the specific nature of a terrorist group includes a) providing, receiving or recruiting a person to receive training b) providing or offering to provide a skill or an expertise c) recruiting a person in order to facilitate or commit a terrorism offence d) entering or remaining in any country and www.notesolution.com
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