1. CRIMINAL LAW: 1. NATURE OF CRIMINAL LAW 2. THE ELEMENTS OF A CRIME Justice: What is justice in Canada?

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 actMust 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: http://laws-lois.justice.gc.ca/eng/acts/C-46/

7. Criminal Code of Canada: Selections 1.Mens rea? (intent, Knowledge, Recklessness) 2.Actus reus? (Action, Inaction) 3.Punishment? 4.Legal terms?

8. Criminal Code of Canada: Selections 1.Mens rea? (intent, Knowledge, Recklessness) 2.Actus reus? (Action, Inaction) 3.Punishment? 4.Legal terms?

9. Criminal Code of Canada: Selections 1.Mens rea? (I, K, R) 2.Actus reus? (A, I) 3.Punishment? 4.Legal terms?

10. Criminal Code of Canada: Selections 1.Mens rea? 2.Actus reus? 3.Punishment? 4.Legal terms?

11. Criminal Acts … Thinking it through… Understanding and Comprehension  What kind of law is the Criminal Code of Canada?  How can the Criminal Code be changed?  What are the two conditions that compose a criminal act?  What makes an action criminal? Critical Thinking and Application  What factors influence what kind of actions are determined to be criminal?  Is the Criminal Code infallible?  Should a criminal code be reflective or aspirational of a society’s cultural, moral, political, philosophical beliefs?