CRI225H1 Chapter Notes - Chapter 1: Regulatory Offence, Reasonable Doubt, Fundamental Justice
19 Jan 2020
School
Course
Professor
Crime in Canada
- 25% of all Canadians are victims of crime in a year
- Most are theft of personal or household property
- 31% of cases in a 2009 survey: victims report crime to the police
- 2013: just over 1.8 million crimes reported to the police—lowest level of reported crime
since 1973, 8% decrease since 2012
- Less than 10% of cases go to trial and about 40% result in acquittals
- Appeal courts *such as the Supreme Court of Canada) interpret the Criminal Code,
develop judge-made common law
- Most frequently occuring offenses: impaired driving, common assault, failure to comply
with a court order
Criminal Process
- Criminal law assumes concrete meaning when it is administered through the criminal
justice system or the criminal process
- Starts with decision of a legislature to make conduct illegal
- Then enforced by police who respond to decisions of crime victimes to report
crimes
- If accused is charged, trial process begins:
- Prosecutor (crown) decides what of any charges are warranted
- If charges proceed, accused will choose whether or not to hire a lawyer or
apply for legal aid to have lawyer paid by the state
- *may* include pre-trial detention by the denial of bail and holding
of a preliminary inquiry and trial by jury
- If accused is convicted, the judge must then sentence the accused and the
accused may appeal
- Jail and penitentiary at the end of the criminal process
Sources of criminal law
- Three main sources
- The constitution (includong both the division of powers and Canadian Charter of
RIghts and Freedoms)
- Statutes enacted by legislatures, including the Criminal Code and other statues
creating offences
- Judge-made common law in form of defences that have not been codified in the
Criminal Code and common law presumptions of fault
- Not all sources equal, Constitution is the supreme law
- Emerging source of criminal law: international law
- Crimes of terrorism, war crimes, hate propaganda, torture
Criminal Offences
- Criminal law in Canada enacted only by federal Parliament
Regulatory Offences
Document Summary
25% of all canadians are victims of crime in a year. Most are theft of personal or household property. 31% of cases in a 2009 survey: victims report crime to the police. 2013: just over 1. 8 million crimes reported to the police lowest level of reported crime since 1973, 8% decrease since 2012. Less than 10% of cases go to trial and about 40% result in acquittals. Appeal courts *such as the supreme court of canada) interpret the criminal code, develop judge-made common law. Most frequently occuring offenses: impaired driving, common assault, failure to comply with a court order. Criminal law assumes concrete meaning when it is administered through the criminal justice system or the criminal process. Starts with decision of a legislature to make conduct illegal. Then enforced by police who respond to decisions of crime victimes to report crimes. Prosecutor (crown) decides what of any charges are warranted.
