Criminal Offences In Canada Law 12

Crime In Canada Since 1992 the crime rate has been dropping in Canada. This is the case for both property and the total crime rate. Since 1992 the violet crime rate has been unchanged. – Why then are we increasing jails and punishment? Any one convicted of a crime summary or indictable will end up with a criminal record.

Homicide Homicide: – when one person is responsible for killing another, either directly or indirectly Culpable: means that the accused can be held legally accountable Non –Culpable: Is when the accused may have caused the death but is not legally responsible

Culpable homicide Murder: – Intentionally killing another person 1st Degree: – Planned and deliberate – Contracted – Police or peace officer – Caused while committing another indictable offence. 2nd Degree – When it does not fit the above categories – Both if convicted result in a life imprisonment. Difference in penalty lies in when an individual is eligible to apply for parole. 1 st degree is at 25 years 2 nd degree is at 10-15

Culpable Cont… Infanticide – Killing of a newborn by a mother. Must be natural mother, under 12 months old, having psychological issues. Max penalty 5 years Manslaughter – Killing of someone through an unlawful act, when the killing was not intentional. Max penalty is 10 yrs Provocation as a defence.

Non-Culpable Accident Self defence Military service

Other issues Assisted Suicide – Helping or counselling a person to commit suicide is illegal. Second degree murder Euthanasia – Mercy killing, (Latimer)

Assault Assault: level one – Max penalty 5 years – Intentionally applying force to another or threatening too. Assault causing bodily harm (or assault with a weapon): Level 2 Victim requires medical attention. Aggravated assault: Level 3 Life threatening, maims or disfigures.

Sexual Assault Sexual Assault; level one. Unwanted sexual activity, touching, blocking etc… Max penalty 10 yrs Sexual Assault causing bodily harm / weapon Weapon or physical harm to a victim. Max 14 yrs Aggravated sexual assault Sexual attack so severe that persons life is at risk or maimed / disfigured.

Consent: is the main factor in sexual assault as a person must enter voluntarily in to sex and may stop at any time. – Not asking consent is willful blindness Rape Shield – Sexual reputation can not be used unless judge feels it will add fairness to the trial Age of consent: – , , – 18 when in position of trust – If under 16 must be with in 2 years of age.

Other Sexual Offences Commit or compel others to commit bestiality Procure a person under 18 for sex Owner, occupier or manager that permits person under age of 18 to be in the premises for sex In home of person under 18, participate in adultery, sexual immorality or indulge in habitual drunkenness or any other form of vice endangering the morals of the child. Commit incest Commit an indecent act in a public place or be nude in a public place or on private property exposed to public view. Exploit sexually a person with a mental or physical disability

Prostitution Procuring – directing customer to a prostitute, Living on the avails of prostitution – Severity increases when people under the age of 18 are involved. Soliciting – communicating for the purpose of prostitution Obscenity- sex acts that are degrading or dehumanizing (anything with violence

Misc… Person Laws Abduction: forcible removal of an unmarried person under the age of 16 from their care giver. Kidnapping: removal of a person by force against their will. Robbery: Illegally taking someone’s property while using violence of threats of violence.

Property Crimes Arson: – intentionally causing damage by fire. – 14 yr max penalty if bodily harm is also caused life in prison Theft: – Taking someone's property with out consent Identity theft – Using someone's personal information without their consent to commit a crime Break and Enter – Opening a closed door or window and entering without permission

Possession of stolen goods: – Possessing anything that one knows is illegal (or should no) Criminal Harassment: – Stalking, communicating or following an individual causing the person to fear for their safety. Criminal negligence: – Person who in doing anything or omitting to do anything shows a wanton recklessness for the lives and safety of others. Mischief: – Deliberate destruction or damaging of property

Terrorism Action designed to intimidate the people of Canada, or compel the government to do something. Collect or provide funds for terrorist groups twin towers Canadian citizen or government facility must be endangered.

Driving Crimes Dangerous operation of a vehicle – Not following care of a responsible driver – driving video driving video Failure to stop at and accident (hit and run) – Stop, name and insurance information and give aid if they require assistance

Impaired driving – Driving while ability is impaired with drugs or alcohol – Having control of a vehicle while impaired – Commercial Commercial – comercial 2 comercial 2 – Driving with blood alcohol above.08 or 80mg/ 100 ml of blood – Having control of the vehicle while above.o8 Refusing a breathalyzer test (blow) – Road side screenings test – Blood samples – Sobriety test – sobriety test sobriety test – test #2 test #2 – Chris rock Chris rock

Drugs Possession – Having drugs on a person Trafficking – Selling or involved in the importing or exporting of a controlled substance. – Higher amounts lead to this charge (s1 life, s2 above 3kg life bellow 5yrs less a day S3 10 years) Prescription shopping / double doctoring – Going to more then one doctor for prescription or selling someone's drugs Laundering the proceeds – Deal with money or property (posses, transport, transmit, alter or deal with)

Prosecute a drug charge – Possession – Drug is a controlled substance – Intent to posses

Cost Policing Prosecution of drugs and drug related crime Drug related crime Treatment / hospitalization The drug trade – 600 billion / yr – BC 6 Billion / yr

Controlled Drugs and substance act Schedule 1: – most dangerous drugs, cocaine, heroin Schedule 2: – Cannabis and its derivatives Schedule 3: – dangerous drugs found in the food act (LSD) Schedule 4: – Controlled drugs that can be ordered by doctor Schedule 8: – Cannabis resin up to 1g or 30 g