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The Criminal Code of Canada: An Introduction
March 19th, 2012
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Unit Culminating Task The culminating task for this unit will be a trial. Members of the class will assume the different roles present active in the Canadian judiciary system. You will be responsible for researching your role and later, carrying out your role throughout the court’s proceedings.
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How is a Criminal Offence Defined in Canada?
As we have already studied in this course, criminal law deals with offences against society whereas civil law deals with offences against individuals. This wording however may seem a little tricky once we start going over the examples provided in the book. See page 103 “break and enter” Maybe a more accurate definition of the type of crime that is dealt with under criminal law would be a crime that goes against what the majority of society would view as acceptable As the views of society change, so might the Criminal Code to reflect these changes. Looking at the excerpt from the Criminal Code on “break and enters”, think about question 1 on your own for a moment.
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What is a Crime? Two elements must exist for a person to be convicted of a criminal offence under Canadian law; actus reus and mens rea In Latin, actus reus means “a wrongful deed.” This means that it must be proven that the person committed the act prohibited by law. Also in Latin, mens rea means guilty mind. This means that the accused intended to commit the offence. Both actus reus and mens rea must be present at the same time. Look at the Case R. v. Molodowic on pg. 109
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Terms Criminal law: the body of public law that declares acts to be crimes and prescribes punishments for those crimes Summary Conviction Offences: minor criminal offences, which are tried immediately without a preliminary hearing or jury Indictable offence: severe or particularly serious criminal offences (eg, murder or treason), which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment Hybrid offence: criminal offences that may be tried, at the Crown’s option, as summary conviction offences, with the corresponding less or more severe punishment
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Cases Page 111 R .v. Wilson Page 111 R. v. Memarzadeh
Page 113 R. v. Bernier Page 114 R. v. Goodline What type of an offence is the case? Discuss the questions provided. Present your case to the class.
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