1. Criminal Law Procedure
From Theory to Arrests
CLN4U1 Canadian and International Law
Low (2011)

2. Quick Review Criminal Offence Regulatory Offence “Regulatory offences”
Summary
Indictable
Hybrid

3. Comparing Them - Liability
Regulatory Offence
Criminal Offence
“Regulatory offences”
Summary
Indictable
Hybrid
Strict or Absolute Liability
Criminal Liability – also called“full mens rea liability”

4. Comparing Them - Severity
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
The sentence should reflect the severity of the crime.

5. ‘regulatory behaviour’
“Less Serious?”
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Regulatory offences are not necessarily ‘less serious’ than summary conviction offence: consider ‘witchcraft’ and ‘pollution’.

6. ‘regulatory behaviour’
Definition
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Parliament decides what a ‘crime’ is (and by extension, what a criminal offence is)

7. ‘regulatory behaviour’
Grey Areas, and more…
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
One offence can lead to another offence of a different type.

8. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Parking By-law
Parking on the street at 4 am in Markham

9. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
“Parking is not allowed on Town streets from 2:30 a.m. to 6 a.m.”

10. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Someone is in the car,
in a school neighbourhood, parked on the street at 4 am,
blasting gangster music extremely loudly.

11. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Causing a Disturbance
175. Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place, is guilty of an offence punishable on summary conviction.

12. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
There are several people in the
car, and after blasting tunes about the disgracefulness of capitalism and suburbia, they decide to go break some residents’ windows to make a point.

13. ‘regulatory behaviour’
Examples
“Regulatory offences”
Summary
Indictable
Hybrid
Offences against
‘regulatory behaviour’
Less serious
offences
More serious
offences
Riot
65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding 2 years.

14. How Else Can We Distinguish?
Summary
Indictable
Hybrid
Arrests
Warrant
Warrantless
Citizen’s Arrest
(Dimensions of Law, )

15. Why Warrants? Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms
9. Everyone has the right not to arbitrarily detained or imprisoned.

16. Why Warrants? Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms
10. Everyone has the right on arrest or detention:
to be informed promptly of the reasons therefor;
To retain and instruct counsel without delay and to be informed of that right
To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful

17. Why Warrants?
Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms
10. Everyone has the right on arrest or detention:
to be informed promptly of the reasons therefor;
To retain and instruct counsel without delay and to be informed of that right
To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful

18. Why Warrants? Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms
10. Everyone has the right on arrest or detention:
to be informed promptly of the reasons therefor;
To retain and instruct counsel without delay and to be informed of that right
To have validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

19. How Else Can We Distinguish?
Summary
or Hybrid
Indictable
Warrant
Warrantless
Arrests - Simplified
(Dimensions of Law, )

20. Police Officer may arrest, without warrant
anyone he finds committing a criminal offence (indictable OR
summary)
believe that a warrant of arrest is in force
has committed or is about to
commit an indictable offence
(reasonable grounds to believe)

21. Anyone may arrest, without warrant
a person found committing an
indictable offence
a person who has committed a criminal offence and is escaping from the police

22. The owner, or any one authorized by the owner of property (“lawful possession”), may arrest…
A person whom he or she finds committing a criminal offence on, or in relation to, that property
Please Click to review
The case of David Chen?

23. In all citizen arrests, you must hand the accused over to a peace officer as soon as possible.

24. Racial Profiling and Searches
R. v. Brown (Dimensions of Law 274; q 1-3)
R. v. Caslake (Dimensions of Law 279; q 1-4)
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