Criminal Law in Canada
September 18 , 2012
Week 2, Tuesday
Introduction part II
Nature of Crime
crime is any form of human activity that law defines as such.
Even though we may see certain actions or in-actions as immoral,
No good Samaritan act in Ontario. Only in quebec.
Once you've started saving someone, if you stop then it's illegal.
Is all Immoral activity criminal?
no. unless it's codified. Unless it's in the criminal code, in the books, it's not criminal.
Diff Between civil and criminal wrongs
Rule of Law
no one is above the law. Everyone can be persecuted by the law. Everyone is subject to what the law
Certainty of Law
So that people feel comfortable, so that criminals can be punished.
Is that we know that it's there and it's not going anywhere. It's evolving all of the time in response to
public demand, public tolerance, and what's happening in the courts. Two main sources are legislation
and the common law. Common law is where you go to court and are tried on a crim. Matter. Can appeal
to Supreme Court of Canada. New laws being made even at the court of appeal, Not in place until
legislation puts it in place.
Representing the defendant:
what's the charge? (find it in the CCC or the police report)
where the charge is, the section number, the element (what is required of the state- what do they have to
prove to get a conviction against accused)
if there's one element missing, there's reasonable doubt.
Conduct, cirsumstances, cosequences. (three elements ofActus Reus)
Foundational Principles of Criminal Law
Procedural Protections of the Cha