CRM 200 Study Guide - Final Guide: Actus Reus, Summary Offence, Mens Rea
21 Apr 2017
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Definition and classification of crimes in canada (cont"d): In canada, offences are classified into three categories: summary conviction offences, indictable offences, hybrid (crown-elect) offences the crown prosecutor has a choice of how to proceed (either by indictment or by summary conviction procedures). There are two primary sources of criminal law in canada: (1) legislation; The sources of criminal law in canada (cont"d): Some of the most relevant federal statutes are: the criminal code, the controlled drugs and substances act, youth criminal justice act. Section 1 test developed in the oakes (1986) case: (1). The means chosen by the legislature are (cid:498)reasonable and demonstrably justified(cid:499) in the sense that they are (cid:498)proportional(cid:499) to the objective of the legislation in question. Impact of the charter on criminal law (cont"d): Two concepts that must be proven before conviction: The crown must prove beyond reasonable doubt that certain consequences, committed under certain circumstances were caused by the conduct of the accused [actus reus].
