1. Three Types of Offences
Criminal Law
Three Types of Offences

2. Brainstorm What comes to mind when you think of criminal justice?
Friends
Personal Experience
Family
TV and Movies (Law and Order)
(CSI)
Personal Interest
school
Rumors
And hearsay
News

3. Fundamental Principles of Criminal Justice
The Presumption of Innocence:
Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty.
The Burden of Proof:
the defendant must be released unless the crown proves guilt beyond a reasonable doubt
Habeas Corpus:
the right not to be detained or imprisoned unlawfully.
If the crown can't show cause, the person must be released.

4. Fundamentals continued
The Right to a Fair and Speedy Trial:
Fairness - assured by jury, unbiased judge, rules, etc.
Speed – drunk driving cases were thrown out of court in Ontario because they had taken too long
Equality Before the Law:
“Justice is Blind”
not young/old, rich/poor, male/female, culture, religion, etc.
a.k.a. “rule of law” – no one is above the law
British common law:
Based on British law
Includes: protection against self-incrimination, protection of being tried for same offence twice (double-jeopardy), use of precedent

5. Crime: Canadian Definition
a violation of a law that prohibits specific activities, and for which there is a punishment that is set out by the state
In Canada, a crime is anything that is defined by Parliament to be a crime.

6. Criminal Law Deals with offences committed against society
Example: “break and enter”
Charged under the criminal code (determined by parliament – reflects the values of society)
If found guilty – fined, imprisoned or community service
Penalties fail to compensate the victim
Victims must sue for damages under civil law

7. Criminal Law Criminal Law is intended to maintain order in society.
Criminal Law emphasizes prevention and penalties.
The criminal justice system focuses on rehabilitation and retribution.

8. The Power to make Criminal law
1867 – Provinces gave jurisdiction over criminal law to the federal parliament
to decide which actions were crimes and set punishments for crimes
Activities covered by provincial or municipal laws for which there are penalties similar to those for criminal acts, are not “crimes” per se, but are generally referred to simply as “offences” or “Quasi-Criminal Law”.
i.e., speeding, not wearing a seatbelt, drinking under age

10. Criminal Law
As with any effective set of laws, criminal law is constantly evolving with the ever changing needs of society.
As values and beliefs change within a society, so to do the laws. Examples include:
Decriminalization of homosexuality.
Euthanasia
Gun control
Abortion
Pornography

11. Defining a Crime
Certain conditions must exist for an act to be considered criminal:
The action must be considered harmful to other people, and society as a whole.
The action must violate the basic values of society.
There must be a procedure in place within the justice system to deal with criminal transgressions.

12. Criminal Code
The Criminal Code is the main source of criminal law in Canada.
Crimes are categorized in the Criminal Code
This is a federal statute
Contains three categories of offences:
Offences Against People
Offences Against Property
Offences Against Morality
Murder, manslaughter, assault, sexual assault
More violent crime in cities or northern parts of Canada
Often associated with drugs and alcohol
Theft, robbery, break & enter, mischief, fraud
Property takes many forms – can be ideas, words or images for instance
Gambling, prostitution, obscenity
Crimes in this category often change over time as society’s views of right and wrong change

13. Other Sources of Criminal Law
The Controlled Drugs and Substances Act is also a body of criminal law.
The Youth Criminal Justice Act is also a body of criminal law.
No criminal law can conflict with The Charter of Rights and Freedoms.

14. Types of Criminal Offences
There are three types of criminal offences:
Summary Convictions Offences
Indictable Offences
Hybrid Offences

15. Summary Conviction Offences
Are minor criminal offences.
People charged with these offences can be arrested and summoned to court very quickly.
The maximum penalty for a summary offence is $2000 and/or six months in jail.
Example: The maximum penalty for possession of a narcotic is $2000 and/or 6 months in jail.

16. Examples of Summary Offences:
Loitering on private property
Cause disturbance
Harassing telephone calls

17. Indictable Offences
Are the more serious criminal offences, and carry more severe penalties than summary convictions.
There is a maximum penalty for each offence – up to life imprisonment (eg. Homicide).
The Trial Judge decides the actual penalty.
Some indictable offences also have a minimum penalty (eg. Impaired Driving can range from $600 fine to five years behind bars depending on the number of previous offences)

18. Examples of Indictable Offences:
Offences which involve a weapon.
Sexual offences
Fraud
Forgery of currency
Proceeds of crimes
Trafficking narcotics

19. Hybrid Offences
Are those where the Crown attorney has the right to proceed summarily, and impose a less severe punishment, or to proceed by indictment.
Theft is an example of a Hybrid Offence. Everyone who commits theft:
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the value of what is stolen exceeds $5000; or
is guilty of an indictable offence not exceeding two years, or punishable on summary conviction where the value of what is stolen does not exceed $5000.