CRIM 230 Final: Criminal Law- Fall Lectures.docx

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 230
• Professor: Tony Wilson

Document Summary

Primary sources: common law, statutes, the charter: common law. Also includes judicial interpretation of statute and precedent. Until 1955, canadian judges had the power to create offences at common law. Could determine comes conduct was reprehensible, attack on the state, and should result as a criminal offence and sentence them. Judges had the power to do what only parliament can do. Until 1955 the english common law which we had adopted in canada, a lot of the convictions in canada were based on adopted english statutes. Guys running around naked, peeing in beer bottle, throwing it off. Sedley was not charged on the basis of violation of a criminal code or statute. The judge determined (not parliament or anything else), that this conduct was criminal and then determined that he was guilty of a crime and imposed sentence. An example of a common law offence judge decides what is and what is not criminal.