1. Unit 3- Criminal Code of Canada PP3 Property Crimes Other Crimes Offenses and Penalties

2. Topics Property Crimes Arson Theft Break and Enter Possession of Stolen Goods Fraud Other Crimes Terrorism Criminal Harassment Criminal Negligence mischief

3. Property Crimes - Introduction  Property Crimes – to the 1800  Penalty of Death  Historically – most important function of the CC  Shows the importance of property to owners  Reflects society's position: demand extreme punishment for theft  Today: makes up 2/3 or Criminal Code  Arson, Theft + and - $5000, motor vehicle theft, break and enter, possession and fraud

4. Arson Intentional or reckless causing of damage by fire or explosion to property. Whether or not the arsonist owns the property

5. Arson Continued Max penalty – life in prison (causing bodily harm) Max penalty – 14 yrs (no danger to life) Max penalty – 10 yrs (Arson with intent to defraud) Possession (explosive materials) for the purpose of arson – illegal Setting off false fire alarms – Hybrid offense (max. 2 yrs in prison

6. Theft Number of elements 1.Must be fraudulent i.e: intend to do wrong 2.The person taking it can’t have any “color of right” to it. The person has a legal right to the item. 3.The accused must have an intent to deprive the owner of the item or convert it to his or her own use. If the value is below $5000 hybrid offence max 2years If the value is above $5000 max 10 years. Onus is on the crown to disprove the defendants reasoning as to why they are in possession of the stolen goods

7. Break and Enter Burglary “Break” 1.To break any part (internal or external) 2.To open anything that is used or intended to be used to close or cover an opening “Enter” As soon as any part of their body or instrument used enters the premise

8. Break and Enter continued When you illegally enter a residence by some other means to commit an indictable offence Separate offense – being unlawfully in a dwelling-house Other offenses – possessing tools for: House breaking Vault-breaking No break-in need actually take place

9. Possession of Stolen Goods It is an offense to: To possess anything that he or she knows was obtained during the commission of an indictable offense Own a car with a licence plate whose serial numbers are removed or destroyed

10. Fraud Making a false statement to obtain credit or a loan Using false pretences Fraudulent intent

11. Other Crimes Terrorism Criminal Harassment Criminal Negligence Mischief

12. Terrorism Dynamic legislation in the wake of September 11, 2001 Changes to the Criminal Code Signing of 14 UN conventions related to terrorism

13. UN Anti-terrorism conventions Most of these conventions and protocols are penal in nature with a common format. Typically the instruments: 1. Define a particular type of terrorist violence as an offence under the convention, such as seizure of an aircraft in flight by threat or violence; 2. Require State Parties to penalize that activity in their domestic law; 3. Identify certain bases upon which the Parties responsible are required to establish jurisdiction over the defined offence, such as registration, territoriality or nationality; 4. Create an obligation on the State in which a suspect is found to establish jurisdiction over the convention offence and to refer the offence for prosecution if the Party does not extradite pursuant to other provisions of the convention. This last element is commonly known as the principle of " no safe haven for terrorists". It has been stressed by the Security Council in Resolution 1373 (pdf) of 28 September 2001, as an essential anti-terrorism obligation of Member States. Resolution 1373

14. Terrorism Act Terrorist activity Action that takes place either within or outside of Canada that is an offence under one of the UN anti- terrorism convention and protocols Action taken for political, religious or ideological purposes and intimidates the public concerning its security Action does not need to take place in Canada Can be enacted against a Canadian citizen or facility

15. Terrorism continued Mostly in the form of hatred of particular group Courts Under the CCC can order the deletion of hate propaganda on the internet

16. Criminal Harassment Described by the human rights legislation as a course of vexations, comments or conduct that is known or ought reasonably to be known to be unwelcome sexual harassment includes comments and actions Workplace

17. Harassment continued Stalking added 1993 Prohibits anyone form repeatedly communicating with or following another person, member of that person’s family, or anyone known to that person, where in all circumstances, they reasonably fear for their safety Includes cyber-stalking

19. Criminal Negligence defined as the failure to take reasonable care act is unintentional, unplanned and injury results criminal negligence is a legal term for a state of mind which is careless, inattentive, neglectful, wilfully blind, or reckless penalties can include: imprisonment, charges of homicide and endangerment of a child...

20. Mischief destroying or damaging someone else’s property someone who commits mischief wilfully: destroys property renders property dangerous, useless or ineffective obstructs, interrupts, or interferes with the lawful use, enjoyment or operation of property indictable= dangerous to life (max= life) hybrid, summary= motivated by bias, prejudice, or hate (10-18 years)

21. Mischief