WDW101Y1 Lecture Notes - Ultra Vires, De Minimis, Mattress

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Published on 15 Apr 2011
School
Course
Professor
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:
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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
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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.
The Canadian charter of rights and freedoms from the 1st part of the
constitution.
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Document Summary

 crime has a goal to regulate morality. I t 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. 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).  parliament ( the federal enact the laws- enact legislation)  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.  crime= prohibited act +potential for penal sanction.

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