Unit 2

C R I M E i n C A N A D A

What is crime?  An act or omission of an act that is prohibited and punishable by federal statute. Omission: a failure to act Statute: a law enacted by the legislative branch of government

Criminal Law  The body of laws that prohibit and punish acts that injure individuals, property, and the community. Purpose:  Protect people & property  Maintain Order  Preserve standards of public decency

4 Conditions of a Crime The act is considered wrong by society. The act causes harm to society in general or to those (such as minors) who need protection. The harm must be serious. The remedy must be handled by the criminal justice system.

Crime Prevention Programs  Crime Stoppers  Neighbourhood Watch  Block Parent

The Criminal Code  Federal Statute  Lists offences AND the sentences to be imposed.  Outlines procedures to follow when trying those accused of a crime.  Reflects societies values.  Changes are made by amendment by Parliament.

History  July 1892  Has been amended almost every year since.  1955: reformed from 1100 sections to 753.  1986: Revised draft: less complicated, better organized, easier to understand…did not pass.  Has NEVER been a complete revision.

Recent Changes in the Code  Bill C-10 (2007): sentences for offences involving personal injury, terrorism, and organized crime.  Bill C-10 (2008): escalating minimum penalties for eight serious offences involving firearms if the firearm is a restricted weapon or is in connection with a criminal organization.  1976: Capital punishment removed What does this tell us about the nature of law as it relates to crime?

Other Federal Laws  Controlled Drug & Substance Act  Customs Act  Competition Act  Youth Criminal Justice Act  Food & Drug Act  Income Tax Act

Provincial Jurisdiction  Each provincial government appoints its own judges and pays for an administers its own provincial court system.  Power to pass laws on matter that fall under their jurisdiction (remember…traffic, liquor, etc).  May transfer jurisdiction to municipalities if they desire.

Quasi-Criminal Laws  Laws covering less serious offences at the provincial or municipal level; most often punishable by fines. ○ Liquor Control ○ Highway Traffic ○ Wildlife Act  May differ by province, i.e. Quebec’s drinking age is 18, not 19.

Elements of a Crime  Actus Rea + Mens Rea = Crime  Actus Rea: “the guilty act” – voluntary action, omission, or state of being that is forbidden by the Criminal Code.  Mens Rea: “”the guilty mind” – the act was intentional, knowing, negligent, reckless, or wilfully blind.

Wilful Blindness  A deliberate closing of one’s mind to the possible consequences to one’s actions, ○ i.e. you buy a laptop that has the name of the school on it…you know it is stolen from the school, but you still buy it because the price is so good. You have the necessary mens rea because you have been wilfully blind.

Intent  a state of mind in which someone:  desires to carry out a wrongful action,  knows what the results will be,  and is reckless regarding the consequences.

Types of Intent General Intent-the desire to commit a wrongful act, with no ulterior motive: hitting / assaulting someone out of anger. ○ Usually easier to prove…may explain reduced charges such as manslaughter vs. first degree murder. Specific Intent-the desire to commit one wrongful act for the sake of accomplishing another: hitting / assaulting someone with the intent of stealing from them.

Motive  Motive: the reason a person commits a crime.  Different than Intent. Killing your mother to receive the inheritance…inheritance is MOTIVE, but does not establish her intent…whether she meant to do it. Intent is established by The Crown by showing the killing was “planned and deliberate.”

Criminal Negligence  A reckless disregard for the lives and safety of others, sometime causing serious injury or death.

Liability  Regulatory Law: laws made to protect the public welfare, i.e. speed limits, hunting regulations, environmental protection. Crown DOES NOT have to establish mens rea.

Liability  Strict Liability: the accused acknowledges the offence occurred, but offers the defence of due diligence, which means every reasonable precaution to avoid committing the offence was taken. i.e. pollution, Erin Brockovich…PG&E attempted this argument…but failed…

Liability  Absolute Liability: no possible defence. Driving without a licence, exceeding the speed limit. No defence, usually a fine.

Case Study  Pg. 151(old) /183 (new)  Read the case study.  Individuals, partners or groups of 3.  Answer the 4 questions.  HOMEWORK: Check your understanding by reading / reviewing Chapter 6.