1. Unit 3
INTRODUCTION CRIMINAL LAW

2. IS THIS CRIMINAL?

3. WHAT IS A CRIME?
Turn to your neighbour and brainstorm what you think a “crime” is
Write your definition down in 3-4 sentences and include an example.
ASK CLASS – when I say the word CRIME – what are the first things that come to mind? Pair share with a partner to create your own definition in 3-4 sentences of what you think a “crime” is and give an example (5mins). Class to debrief – 10 mins.
LOOK AT CRIMINAL LAW PACKAGE – 1ST PAGE (what is a crime?)

4. Criminal Law Deals with offences committed against society
Federal gov’t. has jurisdiction over criminal law (criminal laws are the same throughout Canada, unlike the U.S.)
Criminal Code is main source of criminal law in Canada, although some criminal laws are found in statutes.

5. Criminal Law vs. Civil Law
Deals with offences committed against society
Civil Law
Deals with offences committed against individuals

6. Criminal Law & Civil Law
Suppose Caleb decides to break into Heather’s house to steal her electronic equipment.
He breaks the door lock with a crowbar and enters the house when no one is home.
He leaves with a laptop computer, a stereo-CD player, a DVD player, and a digital camera.
The Criminal Code describes Caleb’s offence as “break and enter” and sets a penalty
for committing the offence
Questions:
How would this case be named? (legal citation)
Why do you think that the punishment for breaking into a dwelling house (private residence) is more severe than for breaking into a business or store?
Legal Citation – R. v. Ron

7. Criminal Law & Civil Law
Legal Citation: R. v. Caleb
Criminal Law:
Breaking and entering is a criminal offence, a crime against society as people have the right to live safely in their own homes and to keep their own possessions.
Penalty given as this is unacceptable against society to infringe on these rights.
Civil Law:
Heather can’t be compensated for her personal losses under criminal law. However, she can sue Caleb for damages under civil law at a different time and in civil court. \

8. Criminal Law & Civil Law
In Summary:
The gov’t acts for the benefit of society, not for the individual victim.
When a person is found guilty of crime, that person will be given a penalty (fine or a term in prison).
Penalty is to punish or rehabilitate offender to deter others from breaking the law.
Keep in mind… although criminal court may order offender to make restitution (pay back victim), it is often up to the victim to seek compensation by suing the offender in civil court.

9. *Quasi-Criminal Law
Laws passed by provinces, territories and municipalities
Resemble criminal law but are not considered actual crimes
Punishments are usually fines (won’t have a criminal record)
Example: Highway traffic violation
ASK CLASS – in groups of 3-4, brainstorm how you think these two incidents happened. Write down your thoughts in bullet-form. Allocate mins. Debrief stories from students.
IN ADDITION/ASK CLASS - IF driver was impaired, what should happen to your story/case?

10. *Criminal or Quasi-Criminal Law?
ASK CLASS to pair-share to decipher which examples are criminal or quasi- criminal – 2mins
Quasi-Criminal Law – Parking Ticket, Fraud, Fishing/Hunting Licence, child support
Criminal Law – Break & Enter (Robbery), Assault, Murder

11. Types of Offences Summary conviction Less serious offences
Criminal Code penalties are maximum $2000 fine and/or imprisonment for 6 months
Shorter trial process
Examples:
Cruelty to animals
Causing a disturbance
Nudity
Soliciting
Trespassing at night
illegal-cigarettes-still-an-issue/

12. Types of Offences Indictable Serious offences
Criminal Code maximum penalty is life imprisonment
Some offences carry a minimum penalty (2 years – life)
Examples:
Murder (1st, 2nd, manslaughter)
Robbery
Aggravated Assault
Theft over $5000
Manslaughter Case (Oct 2013): charged-manslaughter-over-shop
Manslaughter Case - Oct 2013

13. Types of Offences Hybrid offence:
Crown Attorney decides whether a charge will be dealt with as summary or indictable
i.e. Theft under $5000, Mischief, Sexual Assault

14. EXIT PASS What is the main purpose for criminal law?
Explain difference between criminal and civil law.
Compare Criminal law vs. Quasi-Criminal law. Give an example of each.
Name 1 type of criminal offence and provide an example.