WDW101Y1 Study Guide - Criminal Code (Canada), Indictable Offence, Sylvia Fedoruk

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Published on 16 Oct 2013
School
Course
Professor
WDW225 19/09/2013 3:09:00 PM
Options for regulating conduct
1. Nothing
2. Informal social control community /peer pressure
o ways in which we pressure eachother informally in order to
curb behaviours we don‟t like
3. Formal social control
o government stepping in to try to regulate behaviour
regulation (non criminal offences, licencing, regulatory
framework etc.)
incentive structures (i.e. Tax incentives- metropass)
medical regulation
4. Criminalize conduct
Uses of Criminal Law
Must distinguish CRIME from other prohibited conduct or regulated
conduct which carries potential for penalties (including jail)
o Parking infraction (Highway Traffic Act)
o Owning an illegal pit bull in Ontario
o Urinating in public
o Operating a hot dog stand without licence
o Owning more than 6 ferrets in Toronto
o Practicing midwifery without authorization
o Observing the seal hunt without a licence.
Uses of Criminal Law
1. Regulate morality
o denounce immoral conduct
o reflect societal values
2. Define the limits of acceptable behaviour
o forms the basis of the “social contract”
o boundaries change over time
o limited consensus of what should be a crime
possession of weed, abortion, homosexuality,
prostitution
o seems to be a reflection of societal values
3. Justify imprisonment/deprivation of liberty
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o criminal law is the only way in which our society justifies
LONG term offences
4. Protect society from harm
o protecting ourselves against that conduct
Players in the Canadian Criminal Justice System
1. Parliament (Federal)
o enact legislation
2. Police
o investigate crime
3. Crown attorney
o prosecute crime
4. Defence council
o defend those accused of crime
5. Court / judge
o interpret legislation, strike down unconstitutional law, apply
legislation, determine guilt / innocence, impose sentence,
decide appeals
o in Canada either party that loses a criminal trail is entitled to
appeal
Levels of Courts in Ontario
Supreme Court of Canada (decisions binding of all judges in
Canada)
Courts of Appeal for Ontario 9hears appeals in indictable cases;
decisions binding on all trial judges in Ontario)
Superior Court of Justice (court in Ontario for jury trials)
Ontario Court of Justice (provincial court; entry point for all criminal
offences)
Sources od Crimes in Canada
Only the federal Government has the power to enact criminal law in
Canada
o - s. 91 and s. 92 of the Constitution set out the powers of
Federal and Provincial governments
o - s. 91(27) gives Federal government exclusive authority
over “criminal law”
o Provincial governments can regulate matters that fall within
their jurisdiction
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BUT
s. 92(14) gives the provincial legislature the authority over “the
administration of justice in the province” including the constitution,
maintenance and organization of criminal courts
s. 92(15) gives the provincial legislation the authority over the
imposition of punishment
o CREATES OVERLAP
Federal Criminal Legislation
CRIMINAL CODE OF CANADA
o First enacted in 1892
o Amended from time to time
CONTROLLED DRUGS AND SUBSTANCES ACT
o Contains all drug offences
o Enacted in 1996
o Divides different drugs into different “schedules”
o Replaced the Narcotics Control Act
PLUS CASE LAW INTERPRETING LEGISLATION
Categories of Criminal Offences
1. Summary conviction offence
o most minor offences
o examples: harassing phone calls (s.372(2)), carrying a
weapon to a public meeting (s. 89), possession of a small
amount of marijuana (CDSA, s. 4(5)), waterskiing at night (s.
250(2))
o Mostly 6 mothes
2. Indictable offences
o most serious offences
o examples: murder (s. 229), cause explosion (s. 81),
importing/exporting weapons (s. 103(1)), trafficking
cocaine/oxycontin (CDSA, s. 5(3)(a))
3. Hybrid offences
o majority of offences
o example: assault (s.266), sexual assault (s. 271), false fire
alarm (s. 437), promoting hatred (s. 319(2)), theft under
$5000 (s.334(b)), trafficking anabolic steroids (CDSA, s.
5(3)(c))
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Document Summary

Informal social control community /peer pressure: ways in which we pressure eachother informally in order to curb behaviours we don t like. Formal social control: government stepping in to try to regulate behaviour. Regulation (non criminal offences, licencing, regulatory framework etc. ) incentive structures (i. e. tax incentives- metropass) Regulate morality: denounce immoral conduct, reflect societal values. Define the limits of acceptable behaviour: forms the basis of the social contract , boundaries change over time limited consensus of what should be a crime. Possession of weed, abortion, homosexuality, prostitution: seems to be a reflection of societal values. Justify imprisonment/deprivation of liberty: criminal law is the only way in which our society justifies. Protect society from harm: protecting ourselves against that conduct. Defence council: defend those accused of crime. Court / judge interpret legislation, strike down unconstitutional law, apply legislation, determine guilt / innocence, impose sentence, decide appeals in canada either party that loses a criminal trail is entitled to appeal.

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