1. Justice: What is justice in Canada?
Criminal Law:
Nature of Criminal Law
The Elements of a Crime
Types of Criminal Offenses

2. The Need for Criminal Law
Purposes of criminal law:
Rehabilitation
Prevent recidivism
Address underlying issues
Reintegration into community
Protection/Prevention
Threat of punishment
Sets standards
Punishment
Isolation
Deprivation
How do these relate to the 3 approaches to justice (retributive, rehabilitative, restorative)?

3. The Nature of Criminal Law
“The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.”
Conditions for Criminality
The action must harm other people.
The action must violate the basic values of society.
Using the law to deal with the action must not violate the basic values of society.
Criminal law can make a significant contribution to resolving the problem.
(Law Commission of Canada)

4. Conditions for Criminality

5. Elements of a Crime Actus reus
Wrongful deed that is prohibited by law.
1) Action/
2) Failure to act Must be present at the same time
Mens rea
A guilty mind
1) Intent
True purpose of the act
General (limited to the act, no further criminal purpose)
Specific (further criminal purpose)
2) Knowledge
Need not prove an intent…
3)Recklessness
Careless disregard, even if intent to harm not present.

6. Criminal Code of Canada: History
England resistant to codification, colonies experimented
Canada’s Efforts
1867- Codification a goal of Sir John A Macdonald
1869- set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure.
1892- Original Criminal Code achieved
"Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."
Canadian Criminal Code:

7. Criminal Code of Canada: Selections
Mens rea? (intent, Knowledge, Recklessness)
Actus reus? (Action, Inaction)
Punishment?
Legal terms?

8. Criminal Code of Canada: Selections
Mens rea? (intent, Knowledge, Recklessness)
Actus reus? (Action, Inaction)
Punishment?
Legal terms?

9. Criminal Code of Canada: Selections
Mens rea? (I, K, R)
Actus reus? (A, I)
Punishment?
Legal terms?

10. Criminal Code of Canada: Selections
Mens rea?
Actus reus?
Punishment?
Legal terms?

11. Criminal Code of Canada: Common Crimes
homicide
culpable homicide
non-culpable
murder
manslaughter
infanticide
first degree
second degree
accidental
self-defense
unintentional, directly, indirectly by means of unlawful act
result if defense of provocation or intoxication used in murder case (mens rea)
Section 231
Planned and deliberate
Law enforcement officer
In concurrence with other crime
Related to criminal harassment
While using explosives
Related to terrorism
All other intentional murder
(heat of the moment)

12. Criminal Code of Canada: Common Crimes
Severity
Level 3
Aggravated Assault
committing Assault that wounds, maims, disfigures or endangers life
mens rea required: commit bodily harm
Punishment
Level 2
Assault causing bodily harm
committing Assault while using a weapon or causing bodily harm
bodily harm: interfere with health/comfort in more than a fleeting way
Level 1
Assault
direct/indirect intentional force without consent
attempting/threatening to apply force
Approaching, blocking, begging with weapon/imitation of

13. Criminal Code of Canada: Common Crimes

14. Criminal Code of Canada: Offenses and Penalties
Indictable Offenses
Life Imprisonment
Accessory (murder), Criminal negligence causing death, Extortion
Mail interference, Sexual assault (aggravated), Terrorism
14 years
Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery
10 years
Abduction (under 14), Prison breach, Theft over $5000
5 years
Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling
2 years
Abandoning child, Common bawdyhouse, Dueling
Summary Offenses
6 months
Coin defacing, Impersonating a peace officer, Soliciting
Hybrid Offenses
False alarm fire, Mailing obscene matter, Uttering threats