Criminal Law

Need for Criminal Law Helps to keep order in society Penalties for crimes help to deter people from committing crimes The Criminal Code reflects the values of society by declaring certain actions to be criminal Parliament (federal) has the power to decide which actions were crimes and to set punishments for crimes

Criminal Actions Conditions for an act to be subject to criminal penalties: Must harm other people Must violate the basic values of society Using the law to deal with the action must not violate the basic values of society Criminal law can make a significant contribution to resolving the problem

The Criminal Code Main source of criminal law in Canada Other crimes are outlined in the Controlled Drugs and Substances Act, and the Youth Criminal Justice Act Parliament is always reforming the Criminal Code to meet the needs of Canadian society

Types of Criminal Offences Summary Conviction Offences: Minor criminal offences Those accused can be arrested and summoned to court without delay Maximum penalty under the CCC is $2,000 and/or six months in jail Examples include: All provincial statutes (i.e. motor vehicle accidents), making indecent phone calls, loitering, causing a disturbance, cruelty to animals

Types of Criminal Offences Indictable Offences: These are serious crimes that carry more severe penalties The CCC sets a max. penalty for each offence, can be up to life imprisonment Trial judge decides the penalty Examples include: Murder, manslaughter, kidnapping, theft over $5000, etc.

Types of Criminal Offences Indictable Offences: For offences with a maximum penalty of less than five years, the trial will be heard in Provincial Court or the Supreme Court before a judge alone. For offences with a maximum penalty over five years, the accused can be tried by judge and jury or judge alone. The most serious indictable offences, such as murder and treason, must be tried in Supreme Court.

Types of Criminal Offences Hybrid Offences: Crown attorney has the right to proceed summarily, and impose a less severe penalty, or proceed by indictment For example, if theft occurs over $5000, but is a first time offense, the crown may wish to proceed summarily Usually summary on a first offence or a mild instance, but raised to indictable on a second or more aggravated set of allegations.