CC102 Lecture Notes - Lecture 2: Private Law, Public Law, Partial Defence
Canadian Criminal Law
Overview of Canadian Criminal Law
• What is criminal law?
o Many different types of law
▪ Private law is an area of law that governs and protects
interests of individuals and relationships among individuals
• E.g. Tort law is type of private law that deals with
civil wrongs where an individual suffers injury/loss
(defamation is example of a tort)
▪ Public law refers to area of law that governs and regulates
matters of collective or public interest
• Criminal law falls into realm of public law
o Criminal law refers to body of law that deals with conduct
considered so harmful to society as a while that its prohibited by
statute and prosecuted and punished by government
▪ Acts as a mechanism of social control, maintains order,
defines the parameters of acceptable behaviour, reduces
the risk of personal retaliation, assists in general and
specific deterrence, criminalizes behaviour, protects group
interests
Sources of Criminal Law
• 2 primary sources of criminal law:
o 1. Statutes/written laws: all levels of government have some
law- making power, but only federal can define/codify criminal
laws
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2
▪ The Criminal Code of Canada contains definitions of all
criminal offenses
▪ The Youth Criminal Justice act sets out criteria for
prosecuting minors (12-17yrs)
▪ The Canadian Evidence Act outlines the rules of evidence
for criminal Proceedings
▪ Statues are skeletal frame of criminal law
o 2. Common law/precedent: unwritten laws based on judicial
decisions and interpretations of statutes
▪ Precedent is the guiding/authoritative nature of judicial
decisions
• Also ko as stare deisis or let the deisio
stad
Defining Crime
• Crime is an act or omission that is prohibited by criminal law
o In Canada, crime is legally defined in the Criminal Code (a federal
statute), meaning that definition is uniform across Canada
▪ Legal definition of crime is murky because of law making
power of both provincial and municipal governments
• True ries foud i the Criial Code can be distinguished from
regulatory crimes or quasi-criminal laws that refer to offences under
regulatory legislation that can be passed by federal,
provincial/territorial, or municipal governments
o Regulatory legislation serves to regulate a wide range of
behaviours or activities that are legitimate
▪ I.e. food processing standards in meat plants, traffic
violations
Origins of Crime
• What is considered criminal changes and evolves over time
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o Cultural beliefs change over time
• Moral entrepreneurs are individuals, groups, or organizations that
seek action against certain groups of people or certain behaviours and
bring pressure on legislators to enact criminal statutes (i.e. MADD)
• Teholog eeds the la to adapt ad ath up i hat is riial
o Issues of cyberbullying and cybercrime
• 2 views of how criminal law develops/originates
o 1. Value consensus model: view that behaviours are defined as
criminal and the punishment imposed on offenders reflects
commonly held opinions and limits of tolerance
o 2. Conflict model: view that crime and punishment reflect the
power some groups have to influence the formulation and
application of criminal law
The Criminal Offence
• Classification of Criminal Code Offences
o Criminal offenses in Canada organized into 3 categories:
▪ 1. Indictable: more serious offenses in criminal code,
include greater range of penalties spelled out in charging
section
▪ 2. Summary Conviction: less serious offenses carrying
maximum penalty of 6 months imprisonment and/or fine
of $5000
▪ 3. Hybrid: offences where the Crown has option of
proceeding by either summary conviction or indictable
offence, give Crown some discretion and allowance to
account for seriousness and circumstance of offence
• Most offences in criminal code are hybrid
o Classification of offences impacts what courts will hear cases
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Document Summary
Overview of canadian criminal law: what is criminal law, many different types of law, private law is an area of law that governs and protects interests of individuals and relationships among individuals, e. g. Sources of criminal law: 2 primary sources of criminal law, 1. Common law/precedent: unwritten laws based on judicial decisions and interpretations of statutes: precedent is the guiding/authoritative nature of judicial decisions, also k(cid:374)o(cid:449)(cid:374) as stare de(cid:272)isis or (cid:862)let the de(cid:272)isio(cid:374) sta(cid:374)d(cid:863) Origins of crime: what is considered criminal changes and evolves over time. Value consensus model: view that behaviours are defined as criminal and the punishment imposed on offenders reflects commonly held opinions and limits of tolerance: 2. Conflict model: view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law. The criminal offence: classification of criminal code offences, criminal offenses in canada organized into 3 categories, 1.
