CRIME & MORALITY CLN4U – Mr. MacDonald Criminal Law in Canada According to section 91 of the Constitution, authority over criminal is given to the federal.

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Presentation transcript:

CRIME & MORALITY CLN4U – Mr. MacDonald

Criminal Law in Canada According to section 91 of the Constitution, authority over criminal is given to the federal government. The department responsible for criminal law is primarily the Department of Justice.

The Federal Government Establish the RCMP establish penitentiaries appoint judges to county, district and superior courts of the province and to the Supreme Court of Canada and to the Federal Court of Canada. (We ’ ll be going here !)

The laws governing criminal law are: The Canadian Criminal Code (CCC) The Food and Drug Act The Narcotic Control Act The Indian Act etc...

Provincial Role: The Prov. Gov ’ t may make criminal laws to regulate certain areas within their power. The departments responsible for quasi-criminal law are the ministry of the Attorney-General and the Ministry of the Solicitor General. Consequences are not as serious as contravention of a criminal code statute. No criminal record results from contravention of quasi- criminal or regulatory law, the sanction is usually less serious than in cases contravening criminal law.

The provincial government may: Create provincial police forces Establish prisons and reformatories Appoint judges to the provincial court Provincial Laws include: The Liquor Licence Act The Highway Traffic Act, etc...

The Criminal Equation Crime = ACTUS REUS + MENS REA Actus Reus: “ guilty act ” ; voluntary conscious act or omission Mens Rea: “ guilty mind ” ; intentional, knowing, reckless

Actus Reus: What is it really? The physical component of the crime is where someone does something which is contrary to the Criminal Code of Canada For some offenses, a failure to act is a crime To be criminal, an act must be voluntary and conscious

Mens Rea: To be punishable, the accused must have the necessary mental element to make the actions punishable There is a “ guilty mind ” where a person intentionally does the forbidden act with the knowledge of all the wrongful circumstances which the statute seeks to prohibit

Ongoing Debate!!! Morality from basis of criminal law vs. social harm should determine what was criminal! Social harm view is used in Canada for law reforms.

Mens Rea: Continued Consciously closing one ’ s mind to the consequences of one ’ s acts, called wilful blindness, is not a legal defence and does not negate criminal intent Mens Rea is essentially a matter of intent. Intent can reflect purpose or desire and the degree of the offender ’ s knowledge of the consequences of his or her actions.

Relationship Between Law and Morality There is a relationship between morality and criminal law. What makes an action immoral? Rules by which you personally distinguish right from wrong may not be the same as others…for example: Gambling!!! For some actions, issues of right and wrong are entirely matters of personal conscience.

Therefore; Moral Values T here are moral values that we share as a society E x: Value of life C ondemnation of Murder

What Immoral acts should be made illegal??? E ngland 1957: Wolfden Report – examined homosexuality, which was treated as a crime (at this time!!!) W anted legalization of these activities performed in private. D id not believe it was right to punish conduct simply because it was disapproved of or thought immoral.