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Criminology 135 - Final Review of Lectures

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CRIM 135
Shafik Bhalloo

Criminology 135 Lecture ReviewCriminal Law Lecture Legislative Jurisdiction or AuthoritySection 91 grants Parliament legislative jurisdiction with respect to the criminal law except for the constitution of the Courts of Criminal Jurisdiction but including the Procedure in Criminal Matters o Federal Government has enacted the Criminal CodeSection 92 grants provinces legislative competence concerning the administration of justice in the Province including the constitution Maintenance and Organization of Provincial Courts both of Civil and of Criminal JurisdictionCourts must measure all legislation including the Criminal Code against the Charters provisions What is criminal lawIncludes 1substantive criminal law 2 Criminal procedure 3 evidence in criminal case 4 the operation of penal institutions 5 police criminal investigationsMore precisely and commonly used refers to substantive criminal law o Substantive criminal law details the definition of and punishments for various crimes Distinction between Substantive criminal law and criminal ProcedureSubstantive law creates rights and obligations o Concerned with the ends which the administration of justice seeks to attain o Determines their conduct and relations in respect of the matters litigated o Sources are limited o Most offences are set out in the Criminal Code o Contained in the Controlled Drugs and Substances Act the Food and Drug Act and the Youth Criminal Justice actProcedural law is the vehicle providing the means and instruments by which those ends are attained o Regulated the conduct of Courts and litigants in respect of the litigation itselfo Integral but distinct part of criminal law o Does not define the type of conduct that constitutes a criminal offence or establishes punishmentDetermines by who and in what circumstances prosecutions against accused offenders may be initiated conducted terminated and appealedDefines the manner in which the criminal case and its trial will be handledSet of rules accord to which the substantive law is administeredEnsure a fair and just process in the determination of guilt or innocenceTrials of summary conviction offences usually take place before a provincial court judge and generally carries a maximum punishment of 2000 or 6 months in prison
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