Law 2101 Lecture Notes - Lecture 11: Youth Criminal Justice Act, Actus Reus, Epiglottis
21 Oct 2016
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An act or omission considered to be a wrong against society. Reserved for the most serious harms in society. Civil cases brought by individuals i. e. smith v. jones plaintiff sues defendant criminal case brought in the name of the state: the queen against jones, r. v. jones, r - regina (queen) Civil: plaintiff and defendant, balance of probabilities jury must think it is more likely, tip scales slightly in favour (51%) Criminal: plaintiff = crown or prosecution, defendant = accused or defendant, victim v. complainant, beyond a reasonable doubt proven by crown higher standard than balance of probabilities, must be beyond any reasonable suspicions. Crown has burden of proving case accused does not have to prove innocence. Federal vs. provincial (s91 and s92, constitution act, 1867) Controlled drugs and substances act: not all laws in criminal code still enacted in statutes however. Territorial limitation: criminal law applies only to crimes committed in canada, exceptions i. e. on airplanes.
