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Woodsworth College Courses
David Davies

WDW 225 Criminology Class notes Week two What is the goal of Crime? Crime has a goal to regulate morality. It denounces what we determine to be immoral conduct and reflect the morals in society. It forms the basis of the social contrast (what it is that we all agree to do) There not always consensus over what is criminal and what it not (possession of marijuana/ prostitution/ We have a goal to protect society from crime Informal social control- community/ peer pressure Formal social control (regulation- for hot dog stands marijuana), (incentive structures- for conducts you want to promote or discourage), (public education), (therapeutic model) Or do nothing at all about crime (offence to water ski at night). Who are the players in the criminal justice system? Parliament ( the federal enact the laws- enact legislation) The police ( they investigate crime) Crown attorney (prosecute crime- take the case ounce the case has been investigated) The defence counsel (defence those accused of crime Court (interpret legislation, strike down unconstitutional legislation, apply legislation, determine guilt/ innocence, impose sentence What is crime? : Crime= prohibited act +potential for penal sanction Will de distinguishing Crime from other prohibited or regulated conduct which carries potential for penalties (parking enforcement/ owning an illegal pit bull/ operating a hot dog stands without a licence) Sources of criminal law in Canada: WDW 225 Criminology Only the federal government are aloud to enact crime according to the constitution However the constitution gives the power to administer courts and the administration of justice is giving to the provincial legislation. The authority over imposition of punishment is also given to the provincial legislature Depending on the conduct it could be attached to more then just one legislation The main source of criminal law is the criminal code ( first enacted in 1992 and it is amended from time to time) Controlled drugs and substances act (contains all the drug offences/ enacted in 1996/ divides different drugs different schedule) (will be prosecuted by federal crown attorney) Category of offences: Summary conviction offence ( most minor offences) (max penalty of 6 months in jail/ or 18 months in jail) ( less procedural protection) Indictable offences (most serious offence) (up to life in jail) (more procedural protection) Hybrid offence (majority of offences) (the crown gets to decide whether they want to proceed by summary conviction or indictable offence) (look at criminal record) Can judges create crimes? : Not anymore Common law system (the tradition in England, law is developed by judges trough legal decisions) (In Canada some aspect of our law are common law) (no underlying statute) (lower courts are bound by decisions of higher courts) Supreme court- 9, 7 or 5 judges provincial appeal court- 1 in Ontario make decision on all area of law in Ontario superior court of justice- a trial court, trials indictable offences Ontario court of justice/ provincial court- every single criminal case starts here. Civil Law system (applied in France and Quebec) (Judges cannot create law but they can interpret and apply the law) (laws are written and codified) (judges simple apply the law) In Canada we have a hybrid of the two WDW 225 Criminology Limits on the criminal law: Parliament has the exclusive power to enact criminal law Two main sources of restriction on power to enact Criminal Law the role of the judges ( they have an interpretive function/ and if a law is unconstitutional or violate the Charter Ultra vires outside the jurisdiction of the federal government. (The federal government cannot just stamp the word crime on anything they want) (a crime is not something that you just want to regulate) ( a crime has to be protecting the public) Crime= prohibited + penal consequence+ proper criminal law purpose + no Charter violation Recap: Only the federal government ca enact criminal law (section 91 and 92 of the constitution) Criminal law in Canada is codified- no common law offences. ( true of criminal offence but not true of criminal defence) Three types of offences in Canada. (summary, indictable and hybrid) Not all penal legislation enacted by the federal government is valid (margarine reference) ( crime =prohibited act +penalty+ proper criminal law purpose (peace order, security, health, morality) question: does crime have to prevent some identifiable harm to be valid criminal law? Week Three Charter limits on criminal Law: No all charter violation render law invalid Section 52 of the constitution. If law is inconsistent with the constitution , of no force and effect Parliament cannot enact laws that are inconsistent in with the constitution. st The Canadian charter of rights and freedoms from the 1 part of the constitution. WDW 225 Criminology Charter rights: Procedural rights are found in section 8 to 13 in the charter. Some of this limits procedural way by which crime is defined and handled Substantive rights are about the fundamental rights. No law can violate these rights. Freedom of thought, belief, opinion and expression, including freedom of the press and other media communication. Section 7: guarantees you the life. Liberty and security of the person- everyone has the right to life, liberty and security of the person and the right no to be deprived thereof except in accordance with the principles of fundamental justice. Guarantees three rights, Life/Liberty/ Security of the person. All these three are independently protected. Internal limit- only a problem if inconsistent with the principles of fundamental justice Any criminal offence carries the potential of incarceration or some other punishment that will constitute a deprivation of liberty. As a result of that , to stay consistent of section 7, all criminal offences must, therefore , conform to principal of fundamental justice What are the principals of fundamental justice: Case of Heywood. (Facts: Heywood was convicted of a sexual assault involving children. As part of his penalty for that offence, he was subject to s.179(b) of the criminal code) ( everyone who has been convicted of a sexual offence commits an offence (vagrancy) who is found loitering in or near a school ground, playground, public park or bathing area) Challenged in section 7 of the charter. Offence limits where people can go = restriction on liberty. Also carries the potential for imprisonment so restricts the accuseds liberty interest No defined set of principles of fundamental justice Found in the basic tenants of our legal system- found in the common law Not all common law rules are principals of fundamental justice Must be: a) Legal principal b) Consensus that principle is fundamental to fair operation of our legal
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