PPAS 2200 Lecture 7.doc

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Department
Public Policy and Administration Studies
Course
PPAS 2200
Professor
Khashayar Hooshiyar
Semester
Winter

Description
PPAS 2200 March 17, 2014 Lecture 7  Administrative law is the body of legal cases that deal with fairness (equality), the legal limitations (the checks and balances), controls the conduct of state in relation to its citizen (EG: deals judicial review of administrative actions, any laws coming out of these procedures become the body of administrative law – deals with procedures (fairness) or substances (justice – the right to be heard for example) The Charter and Criminal Justice Systems Part 1 & 2 - Criminal law = guidelines of acts that align with the criminal code, regulate certain behaviors, federal legislations What is Criminal law? - Body of law that “prohibits” certain kinds of conduct and “imposes sanctions” for unlawful behavior - ^ certain behaviors are being illegal and constituted as offences against the state - ^ as such, the person who committed those offences can be punished on the basis on the criminal code - Criminal codes contains all the offences and all its punishments - Criminal law is based on written law * - ^ written law doesn’t change frequently and based on federal legislation (federal law) and applies to every corner of Canada (and of course certain bodies of criminal laws as other levels {eg provincial or municipal} focus on certain behavior but generally speaking, it tells us what we can and cannot do) - Criminal law is the means by which the state and society reaffirms its values, denounces violators, protects the person, and maintains peace and order *** - These laws are not subject to change on a regular basis because of standards of society, therefore, for those laws to be changed, under new circumstances everything else needs to be changed (either modified or come up with new laws – based on new societal changes, technologies) History and Origins - Rotted in common law of England -  Codification began at the end of the 18 century in England... 1892 in Canada - Subject to the Charter - Federal government is responsible for passing laws concerning criminal law and procedures - ^ the jurisdiction - Section 92 of the BNA Act, possible to have provincial offences acted on the provinces (those enacted by provinces) – in terms of power, federal government, it controls criminal laws, but provincial laws have administration law or criminal code of Canada (federal government does not administrate it) - Criminal law in Canada is subjected to the Charter - ^ must not violate the Charter because Charter is Supreme Crimes and Punishments - Fixed and predetermined law – only concern with criminal branch of public law - ^ in Canada we have criminal offences (which are offences against the state, eg: if you steal something from the store) and civil offences (not offences against the state, offences against “each other”, eg: kill someone you are tried against the state, and could also be sued in court in civil court – since criminal code is not concern with compensation) - Elements of criminal offences: -  actus reus = means “actuality of the crime” ** (crime as committed) the fact you committed the crime, but for the person to be charged for committing that crime, something needs to be established, you need Mens rea -  mens rea = if mens rea is not established, criminals are off the hook, because mens rea means “MOTIVE” – the guilty mind (criminal needs an alibi but if they have a motive they are guilty) - Mens rea can be established in intention, some form of negligence (could be foreseen, an outcome that can be predicted), recklessness, malicious mind - Criminal offences, there are hard offences (hard = serious offences, eg: murder) or soft offences (soft = regulatory offences, eg: traffic violations) - Two important aspects of criminal offences in terms of mens rea and convicting someone: a. not guilty until proven (every individual is considered innocent), b. trying to establish mens rea, crown must establish it “beyond a reasonable doubt” – defense is to create a gap, logical arguments to question these “beyond a reasonable doubts” - Defense before, that beyond a reasonable doubt, was to prove that the accused is innocent and the prosecutor is to cast “doubt” on that innocent, now is it the other way around ** - Mens rea has to be established but certain defenses to challenge the crown Defenses (6) - Crimes by children and juvenile – at the time of committing the crime, did not have the proper development of mind, to really think about the consequences of the crime, to distinguish what is right or wrong - Insanity – at the time of the crime, the person is not in a normal state of mind, either the insanity is going on for some time or when the crime was committed - Accidental and forced crimes – the crime was an accident, or it was forced (eg can be an accident if road was slippery, or forced if criminals threaten your family) - Involuntary acts – the crime was not committed voluntary (eg; sleep walking) - Reasonable doubt vs. ignorance of the law – to question whether they knew the law - Self-defense and defense of property – you commit an criminal act, to protect yourself or family or property Sentencing - Judge’s discretion – up to the judge to impose what kind of judgment should be enacted to a particular crime (eg; jury or crown says defendant is guilty, judge then has the power to decide what kind of punishment defendant should have {either minimum or maximum punishment} - In minimum or maximum punishment, judges look at the uniqueness of the crime, or focus on the individual (who committed the crime) - When a crime is committed and sentence is rendered in terms of the punishment, now it is determined how it is done Administration of Criminal Justice in Canada - Substantive criminal law and criminal procedure are the same over the whole of Canada - Framework of Courts to Administer the criminal law - 1. The corners office = the office of the corners, look into the case, to decide whether the per
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