Crimes in Canada Audrius Stonkus

Strict and Absolute Liability Offenses Non-Intent Offences There are two sets of circumstances whereby only actus reus, but no mens rea need exist in order for a crime to have occurred. This means that no moral fault exists. The first are strict liability offences, and the second are absolute liability offences. These are not true criminal offences, but rather contravention of regulatory statutes.

Strict Liability Offences For offences of this nature, the general protection of the public is the intent, rather than punishment of offenders. These include primarily quasi-criminal offences of regulatory nature, to protect the health, safety, environment and general welfare of the public. Examples include wildlife laws at the provincial level, and laws regarding taxation and environmental protection at the federal level. Due diligence may be offered as a defence to a strict liability offence.

Absolute Liability Offences Absolute liability includes commitment of a regulatory offence, but offers no defence as is available in the strict liability offence. Examples of an absolute liability offence would include failing to stop for a stop sign, or speeding.

Strict Liability/Due Diligence Know that a strict liability offence depends for conviction only on proof of the physical element of the offence (actus reus), although there is no negligence on the part of the accused As a defence to a strict liability offence, an accused person must prove the exercise of due diligence in order to avoid committing the offence. Due diligence involves demonstrating that one has undertaken to do everything possible to avoid committing an offence. In this way, because of reasonable belief in a mistaken set of facts, which would, if true, have made the action nonoffensive, the accused person may be deemed free from fault.

Absolute Liability Absolute liability offences are regulatory offences based on proof that the accused committed the prohibited act (actus reus), but need not involve proof of criminal intent (mens rea). Know that absolute liability is similar to strict liability, but there is no potential for due diligence or mistake of fact as a defence in the case absolute liability. The Canadian criminal justice system accepts offences as absolute liability offences only when the written statute explicitly identifies the intention of absolute liability.

Questions What is a "Strict Liability" offence? Provide an example. What is an "Absolute Liability" offence? Provide an example. Why are strict liability and absolute liability offences not true criminal offenses? What is due diligence? Why is due diligence used as an offense against a strict liability offence?

Criminal Code Offenses Types of Criminal Code Offences The Criminal Code of Canada outlines the provisions of conduct deemed offensive to society. These may be categorized according to the following criteria: Offences Against People Offences Against Property Offences Against Morality Offences Involving Automobiles Being Party to an Offence

Controlled Drugs and Substances Act The establishment of contraband substance offences has changed from the Criminal Code to the Controlled Drugs and Substances Act, in order to encompass a larger number of offence-creating statutes into one piece of legislation, and to better reflect societal understanding of this area of law. The Controlled Drugs and Substances Act includes schedules for classification of certain categories of drugs. These include: Schedule One - includes heroin and cocaine. This schedule provides for the most serious penalties because the substances included within it are deemed to present the greatest health and social difficulties. Schedule Two - includes marijuana and other forms of cannabis. Schedule Three - includes drugs such as amphetamines and LSD. Schedule Four - includes drugs such as barbiturates and anabolic steroids. This category includes substances that are legal to possess with a prescription, but are illegal to possess without a legally obtained prescription, and are also illegal to import, export or traffic.

Offences Against People Know that under the provisions of the Criminal Code of Canada (2000), offences against people include homicide, manslaughter, counselling or aiding suicide, assault and sexual assault. Offences Against Property Know that under the provisions of the Criminal Code of Canada (2000), offences against property include theft, break and enter, mischief and fraud.

Offences Against Morality Know that under the provisions of the Criminal Code of Canada (2000), offences against morality include gambling in contradiction to regulations, prostitution and obscenity. Offences Involving Automobiles Know that under the provisions of the Criminal Code of Canada (2000), offences involving automobiles include impaired driving, driving with excess alcohol in the bloodstream, failure to provide a breath sample, criminal negligence and dangerous driving.

Drug Offences Know that there are six types of drug offences created under the Controlled Drugs and Substances Act. They include: possession trafficking possession for the purpose of trafficking importing and exporting production possession of the proceeds of drug offences Another drug-related offence created under the Criminal Code of Canada is that of impaired driving. While most commonly associated with the use of alcohol, impaired driving also is an offence that occurs in the event that an individual operates a motor vehicle while under the influence of other drugs.

Questions How is a Schedule Four drug different from the other classification under the controlled drugs and substances act? Why does a schedule one drug carry a larger penalty than any of the other classifications of drugs? Label the following as either an offence against people, property, or morality. Teenagers pulling the cable TV connection out of the school wall during a weekend party - Publishing a nude photograph on a personal website - Providing someone with a gun after they have disclosed plans for a suicide. - What are the six types of drug offences?

Criminal Attempts While completed actus reus (physical action) is a necessary element of proof in most serious criminal matters, the actions of attempting to commit a criminal offence may also be deemed as offensive in the legal sense. For example, if an individual thinks or talks about committing a criminal offence, no law has been broken. However, if the same person attempts to take action toward actually achieving the intended offence, then a criminal offence has been committed, even if the action has not been successfully completed.

Attempt Know that 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. Know that 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.)

Parties to an Offence One need not be the principle character carrying out a criminally offensive action in order to be guilty of the offence. In Canada, it is a criminal offence to be party to a criminal offence under the following circumstances: aiding and/or abetting counselling

Aiding or Abetting Know that an aid to a criminal offence is a person who knowingly assists in the commission of a crime in any way. Know that an abettor to an offence is one who knowingly encourages another to commit a criminal act. Counselling Know that 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. Know that 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

Questions Why is a criminal attempt a crime? What are the criteria of a criminal attempt? What does it mean to be a party to an offence? In what two ways can you be a party to an offence? What is the difference between aiding and abetting and counselling an offence? What is meant by being an accessory after the fact? What condition is required in order to be an accessory after the fact?