CRI210H1 Chapter Notes - Chapter 2: Criminal Law Of Canada, Actus Reus, Sexual Assault
21 Jan 2018
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Chapter 2: criminal law and criminal justice in canada. Identification of problematic behaviour: defining certain behaviour as crimes through legislation, regulating the behaviour through law enforcement, punishing those who are found guilty in criminal court. Substantive criminal law: those laws which forbid particular types of conduct. Informs what we can and cannot do: legally defines crime, written criminal law, source: basic values that are agreed upon by people in our society = basis of legitimacy of the various institutions, majority enacted by parliament. Procedural criminal law: establishes procedures necessary for processing cases throughout the entire criminal just system: procedural fairness i. e. principles of fundamental justice in the charter. 1991 seaboyer and thereafter = full disclosure of evidence: result: for many women, this acted as a deterrent to reporting sexual assault. 2000 r. v. darrach: restrictions on questions about past sexual history upheld. 2014 r. v. quesnelle: complainants cannot have pas police occurrences used against them. Criminal liability and the legal elements of a crime.
