CRM 200 Final: Exam Notes - All Chapters with Textbook and In class notes
W.1: Overview of Canadian Criminal Law:
Crime in Canada:
Victims of Crime
o25% of all Canadians are victims of crime in a year
Most Common Crime
oTheft of personal or household property
Perpetrators of Violent Crime
oPerpetrator (Criminal)– someone who is known to the victim
Most Common Site of Violence
oIn the house, and usually between people who know each other
Canada Incarceration (imprisonment) Rate
oFor every 100 Thousand in Canada 118 are incarcerated
oUS has a higher incarceration but lower in the UK
Sources of Criminal Law
3 Main Sources:
oStatutes enacted by Legislation
Criminal Code & other statutes creating offences
Statues – pieces of legislation enacted by the government
oCase Law – Judge-made common law
oSupreme Law/Constitution
Includes the Canadian Charter of Rights and Freedom & Division of Powers
Not all sources are equal
oConstitution is very rightly at the top
oMeans that if a statute is enacted and it is decided that that law violates the
constitution/charter, it can be struck down and have no effect
Importance of Judges
International Law
oHow might international law impact Canadian Domestic Law?
oJudges frequently consider international law
Criminal Law and the Constitution: pg. 6-9
Constitution as the Supreme Law
Section 1 of the Charter: Reasonable Limits Clause
oA law that violates a right within the Charter and still remains in place if it is reasonably and
demonstrably argued that there is a case for it to remain in place
oNot all rights are absolute, in fact non of them are – Rights must be limited
Section 7 of the Charter:
oRight to Life, Liberty, and Security of Person
oPeople cannot be deprived of life, liberty, and security of the person except in accordance
(agreement) with the principles of fundamental justice
Section 11(d) of the Charter:
oThe presumption (assumption) of innocence and fair trail rights
Basic Elements of a Criminal Offence:
Actus Reus – Act of actually committing the crime
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oGuilty act – Actual act that is prohibited in law
Mens Rea
oGuilty Mind/Fault Element
oConnected to different levels of fault
Subjective/Mental Element – Wilfulness, Knowledge, Recklessness
Objective Element – Negligence – what a reasonable person would have known/done
oThough the latter may be defined in a broad manner
Attempts and Other Unfulfilled Crimes:
Section 24 of the Criminal Code – Attempt of Crime pg. 11
oGone beyond mere (simple) preparation to commit offence
Conspiracy
oAgreed with others to commit crime – Premade planning of crime
Accessory After the Fact
oHelping someone in the after math of the crime
Participation (Section 21 of Criminal Code) pg.12
oCrimes often with multiple people
Defences: pg. 17-20
Self-Defence:
oDefending yourself against an act that someone is doing to you
oFull defence to any offence in the Criminal Code
oSuccessfully prove self-defence – shown that there conduct is approved
Necessity:
oClaim you had no choice for the act
Duress:
oThings you were forced to do is covered by Duress (Pressure)
Mistake of Fact:
oSomebody argues that they were mistaken of a fact that changes the nature of their Criminal
Conduct
oI.e., Hunters – shot a person who was masked, thinking it was a Deer
Mental Disorder:
oNot criminally responsible by way of mental disorder
oReason of medical capacity – you didn’t have the mental capability for the reason of the crime
Automatism:
o2 Different Forms – Classic Case – Sleep Walking
oDoing things in an involuntary (instinctive) manner
Intoxication:
oNot a defence to criminal code, but some cases may argue that it lessons the persons mental
capacity to do a criminal act
oMust accept some level of responsibility when choosing to become intoxicated
oVoluntarily becoming intoxicated = conviction of a general intent offence
Provocation:
oSpecific offence under Criminal Law
oDefence only available for murder and only has the effect of changing a murder charge to a
manslaughter charge
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W.2: Actus Reus Elements of an Offence:
(Ch. 3: pg. 87-114, 125-128)
Introduction:
The Actus Reus/Prohibited Act, of any offence has important policy elements
oThe actual wording of the legislation/statute
oThe words that are put into statues are defined that way for a certain reason
o1983/1992
The broad nature of many prohibited acts in the Criminal Code
oThis is somewhat of a necessity – many pieces can’t be too specific because it covers a wide
variety of topics
oStrict and purposive (showing/acting with a purpose) statutes
Contempt of Court:
oOnly Common Law offences
oDestructing of court procedure; failure to show up
Section 7 of the Charter pg. 88
oLaws can be challenged through this section if something is vague or too broad
Coincidence of Actus Reus and Mens Rea
oActus Reus and Mens Rea usually occur at the same time
oHowever, there are many exceptions – many cases were they don’t coincide at the same time
Codification of the Criminal Act:
(How they are written in Statutes)
Introduction:
Section 9 of the Criminal Code:
oSince 1953 has provided that no person be convicted of an offence of Common Law (Judge-
made law) with an exception to contempt of court (rude to court)
oPeople should be subject to offences that are written in Statutes
The Value of Legal Certainty pg. 89
oPeople should be subject to laws that are noble – people should know the legal certainty
oLaw is not a defence because laws are published – it’s the person’s responsibility to know
what is criminal conduct
oPeople should know what kind of things are prohibited
oSection 11(a): Covers people’s rights to be informed without reasonable delay
oSection 11(i): Protection against the burden (liability) of retroactive laws – laws passed after
act has occurred
oSection 11(g): An offence must be legal under Canadian or International Law
oSection 7: Wide protection that are vague and broad
Laws that are vague and broad go against legal certainty
Frey v. Fedoruk, (1950)
oOn the reluctance (unwillingness) of judges to create Common Law offences
oThey introduce great uncertainty into the administration of Criminal Law
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