Criminal Law Concepts SLO: I can understand elements of criminal law.

 Attempt  Under the Section 24 of the Criminal Code of Canada, when an individual attempts to undertake an offence, an action or omission directly connected with the intended crime is, in itself, a criminal offence.  Three essential elements of the criminal offence of attempt are:  intent to carry out an unlawful act,  some act or omission toward committing the offence, and  noncompletion of the criminal act. (Completion of the action would eliminate the offence of attempt.)  Aiding or Abetting  An aid to a criminal offence is a person who knowingly assists in the commission of a crime in any way.  An abettor to an offence is one who knowingly encourages another to commit a criminal act.

 Counselling  Counselling may be charged when one advises, recommends, solicits or incites another person to be party to an offence. Under section 464 of the Criminal Code of Canada, an offence of this nature occurs when the counselling occurs regarding a crime never committed. Under section 22 of the Criminal Code of Canada, a counselling offence occurs when an actual crime is committed, and this is deemed much more serious an offence.  Accessory After the Fact  Another of the criminal offences that may be committed without being the principle offender is that of accessory after the fact. This may include providing food, clothing and shelter to one who has committed an offence, if it is determined that such assistance was provided for the purpose of enabling that person to escape. However, a married person may not, under current law, be convicted of the charge of accessory after the fact when they are an accessory to the offence of a spouse in this manner.

 Accessory After the Fact  It is a criminal offence according to Section 23 of the Criminal Code of Canada, when a person who, knowing that another person has committed a criminal offence, helps that person to escape.  The Canadian Criminal Justice Process  Within the Canadian criminal justice process there are many different interests represented through a variety of agencies and structures. The process of criminal trial in Canada is based upon an adversarial system of judging disputes. This adversarial system includes five categories of participants in a criminal trial process. Not all cases proceed in the same manner within the criminal justice system, but rather proceed according to the circumstances of each set of circumstances.

 The Police  The provincial governments in Canada are constitutionally responsible for policing within their boundaries. In some provinces there are provincial police forces, such as Ontario and Quebec. In other provinces including Saskatchewan and the three Territories, the Royal Canadian Mounted Police are contracted to provide policing services. Another policing option that exists in Saskatchewan, as elsewhere in Canada, has individual cities, towns and municipalities employing their own municipal police forces. The creation of local community policing in Aboriginal communities is underway as part of the movement to self-government for Aboriginal peoples in Saskatchewan. An example of this is the File Hills Policing Agreement.  The criminal justice system places responsibility upon police agencies to investigate crime, to apprehend and arrest persons suspected of committing offences, to gather evidence necessary for conviction of offenders and to charge persons with criminal offences. The actions of police officers in the investigation of a crime are governed and limited by the Criminal Code of Canada (part XV), the Charter of Rights and Freedoms and the common law. These provisions are intended to ensure procedural fairness in protecting the rights of the citizens from abuse of power by the state, represented at this stage of the criminal justice system by the police.

 Questioning By Police  In their daily activities, police are entitled to gather information to further investigations, enabling them to carry out their duties and functions in the community. While the process of gathering information through questioning individuals is routine procedure for police, individual citizens have clearly defined rights in this regard. These rights are intended to prevent unwarranted loss of liberty through detention.  Adversarial System  In Canada, criminal trials are built around an adversarial system. This system holds that the greatest number of just resolutions in criminal trials will occur when both the accused defendant and the prosecuting state are allowed to argue their cases effectively and vociferously before a fair and impartial arbiter (judge).

 Suspect  A suspect is an individual whom is being actively investigated with regard to an offence, but has not yet been charged.  Accused  A person against whom a criminal or quasi-criminal charge has been laid is known as the accused.  Functions of Police  The three primary functions of police in Canada are:  to prevent crime  to detect and apprehend offenders  to maintain order in the community in accordance with the law.  Detention  According to the Supreme Court of Canada, detention occurs when a person is stopped by a peace officer and "submits or acquiesces in the deprivation of liberty and reasonably believes that the choice to do otherwise does not exist."