Canadian Criminal Law Overview

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Questions and Answers

What is the main source of criminal law in Canada?

Parliament

The Criminal Code (correct)

The Controlled Drugs and Substances Act

The Law Commission of Canada

Which of these perspectives emphasizes the importance of dealing with the structures that promote crime, such as poverty?

Conservative

Liberal (correct)

Radical

None of the above

What is the major difference between a summary conviction offence and an indictable offence?

The maximum penalty

The severity of the crime

The nature of the trial process

All of the above (correct)

Which of these perspectives advocates for the abolition of prisons and true community policing?

Radical (C) Signup and view all the answers

According to the Law Commission of Canada, what conditions must be met for an action to be subject to criminal penalty?

All of the above (D) Signup and view all the answers

What is the main objective of the conservative perspective on criminal law?

To prevent crime through strict penalties. (B) Signup and view all the answers

What is the role of Parliament in Canadian criminal law?

To decide which behaviors need regulation. (B) Signup and view all the answers

What is the role of the judiciary in relation to the Criminal Code?

To determine the constitutionality of new laws. (C) Signup and view all the answers

What is the main reason for reforms to the Criminal Code?

To reflect changes in societal values. (A) Signup and view all the answers

What is the potential impact of judicial decisions on the scope and function of criminal law?

To define the meaning of existing offences in the Criminal Code. (B) Signup and view all the answers

What is a potential negative aspect of the police's service role?

It can inflate police budgets. (C) Signup and view all the answers

Which of the following activities is NOT considered a primary function of law enforcement in Canada?

Organizing community events. (C) Signup and view all the answers

What aspect of order maintenance makes it a challenging role for law enforcement?

The need for officers to make subjective judgments without clear legal guidelines. (A) Signup and view all the answers

Which of these is NOT typically considered a part of the police's order maintenance role?

Investigating a robbery. (A) Signup and view all the answers

What is a positive consequence of the police's service role?

It strengthens the social network and builds trust between police and the community. (D) Signup and view all the answers

Why does the text argue that public peace and crime control are distinct concepts?

Public peace involves maintaining social order, while crime control focuses on enforcing laws. (B) Signup and view all the answers

What is the most important role for police, according to the text?

It is not specified; the text suggests that all roles are important. (B) Signup and view all the answers

What is one primary purpose of law in society?

To maintain order and protect rights (C) Signup and view all the answers

Which of the following best defines what Canada’s legal statutes entail?

They include laws, regulations, and legal principles governing conduct (C) Signup and view all the answers

How did policing originally emerge in society?

From community-based efforts to address safety concerns (D) Signup and view all the answers

What is one key role of police in society?

To prevent crime and maintain public order (D) Signup and view all the answers

What aspect of policing is considered essential in its role within a community?

To foster trust and cooperation with community members (A) Signup and view all the answers

What does Actus Reus refer to in the context of a criminal offence?

A physical action that contravenes the law (C) Signup and view all the answers

Which of the following is a valid reason for an individual to be considered incapable of forming intent to commit a crime?

Being under duress (A) Signup and view all the answers

Which of the following statements about summary offences is true?

A judge hears the evidence and gives a verdict. (B) Signup and view all the answers

What distinguishes a hybrid offence from other types of offences?

The Crown can decide to proceed as either summary or indictable. (B) Signup and view all the answers

What is the requirement for the Crown to prove in a criminal trial?

Beyond a reasonable doubt (A) Signup and view all the answers

What is one characteristic of serious indictable offences?

The accused can choose a judge or judge and jury. (A) Signup and view all the answers

Which of the following offences typically allows the Crown to proceed with adjustments to summary procedures?

Hybrid offences (C) Signup and view all the answers

What is Mens Rea in relation to criminal offences?

The guilty mind or intent to commit the offence (B) Signup and view all the answers

What factor primarily influenced the British Parliament to change its stance on policing?

The Industrial Revolution's impact on urbanization (C) Signup and view all the answers

Which of the following is NOT one of Peel's Nine Guiding Principles for early policing?

Use force as a first response to crime (C) Signup and view all the answers

What was the primary responsibility of early municipal police in Canada?

Maintaining order and enforcing moral laws (A) Signup and view all the answers

Which city was the first in Canada to develop a full-time, paid police position?

Toronto (D) Signup and view all the answers

What was one of the three main functions of early police in Canada?

Apprehending criminals (C) Signup and view all the answers

Which act led to the formation of a police force for the construction of public works in Canada?

The Act for the Better Preservation of the Peace and Prevention of Riots (B) Signup and view all the answers

What was one of the motivations for factory owners to demand increased policing during the Industrial Revolution?

To protect themselves from the working class (C) Signup and view all the answers

Which principle highlights the importance of community support in policing according to Peel's principles?

Policing power is dependent on public support (C) Signup and view all the answers

What was the purpose of establishing the North West Mounted Police (NWMP)?

To ensure ownership of Rupert's Land through occupation (A) Signup and view all the answers

Which act established the Dominion Police Force in Canada?

The Act Respecting Police of Canada (A) Signup and view all the answers

How did the NWMP contribute to western settlement in Canada?

By negotiating between indigenous groups and settlers (C) Signup and view all the answers

In what year was the Royal North West Mounted Police (RNWMP) renamed?

1904 (D) Signup and view all the answers

Which of the following was a notable exception to the dominance of the RCMP in Canada?

Royal Newfoundland Constabulary (B) Signup and view all the answers

What are the three major roles identified for the police in Canadian society?

Order Maintenance, Law Enforcement, Service (D) Signup and view all the answers

Which statement best describes the role of the police in order maintenance?

Preventing and controlling public disturbances (A) Signup and view all the answers

What was the main reason for the federal government amalgamating the Dominion Police and RNWMP?

To create a unified national police force (B) Signup and view all the answers

Study Notes

Week 3B: Law and Policing

This week's study material covers the purpose of law, Canada's legal statutes, the origins of policing, and the police role in society.
Questions for discussion/study include:
- What is the purpose of law?
- What do Canada's legal statutes entail?
- How did policing originate?
- What is the role of police in society?

The Need for Criminal Law

Conservative Perspective:
- Law is crucial for maintaining social order.
- Stricter penalties deter crime.
Liberal Perspective:
- Prevention is more important than punishment.
- Focus on addressing social factors (like poverty) that contribute to crime.
- This includes restorative justice and community policing.
Radical Perspective:
- Aims to empower communities.
- Supports the abolition of prisons and true community policing.

The Origins and Nature of Criminal Law

Parliament:
- Parliament is responsible for creating laws, responding to citizens' needs, sometimes influenced by ideology.
- Courts also play a role in interpreting and approving laws.
Nature of Law:
- Reflects societal values (conservative and liberal viewpoints).
- Can serve as a tool to control the working class.
- Legal code changes often reflect shifts in societal values, or public pressure/moral panics.

Conditions for Criminal Penalty

The Law Commission of Canada suggests certain conditions must exist for an act to result in a criminal penalty. These are:
- Causing harm to others
- Violating basic societal values.
- The law itself must not violate core societal values.
- Contribute to solving societal problems.

The Criminal Code

The Criminal Code (CC) is the primary source of criminal law in Canada.
Other criminal offences are listed in separate statutes passed by Parliament. Examples include the Controlled Drugs and Substances Act.
Court decisions on important cases can establish precedents, impacting interpretation and application of law in similar situations.

Types of Criminal Offences

Summary Offences:
- Considered minor offences.
- Arrest and court appearances can be immediate.
- Generally have penalties of up to $5,000 fine and/or six months in jail. Examples include common assault, minor drug possession.
Indictable Offences:
- Serious crimes such as trafficking, sexual assault, and homicide.
- Results in more severe penalties.
- Maximum penalties vary by offense, some crimes can lead to life imprisonment.
- Trial judges decide punishment, considering the specifics of the offence, victims, and the offender.
- Some indictable offences have mandatory minimum sentences.
Hybrid Offences:
- Usually minor theft.
- Treated as indictable offences, but the Crown attorney can adjust to summary procedure if certain conditions like cooperation from the offender or victim are met.

Elements of a Crime

Actus Reus: A wrongful act based on a physical action or omission prohibited by law.
Mens Rea: A guilty mind, referring to the intent or knowledge behind a crime including the intent to commit the actus reus.
The Crown must prove both Actus Reus and Mens Rea beyond a reasonable doubt.
Reasonable doubt leads to acquittal.

The law recognizes certain groups as incapable of forming intent or giving consent for certain actions. These include:
- Mentally ill individuals
- Minors
- Individuals under duress
- People under the influence of drugs/alcohol (limited)
- People under the influence of authority figures

Criminal Offences and Procedures

Summary and Minor Indictable:
- Charges must be within six months of the incident.
- Court judges hear evidence and make a verdict.
Traffic:
- No court appearance necessary if a guilty plea and fine are paid, but individuals can challenge the ticket.
Indictable Offences:
- No time limit on charges, but longer-delayed cases are more difficult to prove.
- Minor offences have similar procedures to summary offences.
- Serious cases offer options for hearings by provincial courts, higher courts, or judge and jury trials (e.g. murder, treason).

Policing in Canada

Origins in UK models (late 1700s - 1800s).
Initially rejected as overly intrusive by British Parliament.
The Industrial Revolution increased the demand for policing.

Peel's Nine Guiding Principles

These principles were important in early policing development and include such aspects as:
- Prevention of crime
- Public support
- Impartiality
- Avoiding unnecessary force
- Minimizing crime disruption
- Public legitimacy

Development of the First Police Forces in Canada

Toronto was the first city to establish a full-time, paid police force in 1835.
Other cities established police forces soon after.
Early police forces handled a variety of tasks, including jailing, firefighting, collecting taxes, and addressing various social issues.

Federal Policing (RCMP)

Origins from Act for Better Preservation of the Peace to control labour unrest during infrastructure construction projects (1845).
Initially, for managing issues arising from construction (esp. Welland and St. Laurence seaways).
Eventually used as a model for the North West Mounted Police (NWMP), a precursor to the RCMP.
This role was eventually expanded to national policing to administer law across the country after confederation.

NWMP Reasons for Establishment

Establishing federal presence in newly acquired territories where indigenous people were exploited by Americans.
Facilitating western settlement by acting as negotiators.
Border security to maintain sovereignty.
Securing construction sites.

RCMP Formation

Edward VII renamed the NWMP as the Royal North West Mounted Police in 1904.
The federal government consolidated, and expanded the NWMP to take on police functions across the new provinces.

Role of Police in Canadian Society

The role of police in Canadian society encompasses
- Order Maintenance
- Law Enforcement
- Service (Social)

Order Maintenance

Preventing and controlling behaviour that disturbs the peace.
This can include patrolling concerts, responding to noise complaints, and dealing with conflicts.
Requires police to make judgment calls based on social/psychological factors when specific laws are not applicable or obvious criminal acts are not identified.

Law Enforcement

Responding to and investigating crimes.
Apprehending offenders.
Distinguishing police from the rest of society, with a punitive role requiring use of force.

Providing advice.
Assisting stranded motorists.
Looking for missing persons.
Running community functions/initiatives (e.g., patrols, watches)
Escorting VIPs
Informing citizens of community services (e.g., deaths, emergencies).

Areas of Concern for Criminologists

Police Culture: Issues, including masculine/misogynistic values,secretiveness, and alienation. PTSD and burnout are recognized as resulting concerns from policing.
Militarization of police
Community Policing and Restorative Justice practices.

The Role of Policing Importance

The most important role for police based on statistics is Order Maintenance or Service Roles. Law Enforcement is a smaller component of police work.

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Description

This quiz explores essential topics in Canadian criminal law, including the sources of law, various perspectives on crime, and the roles of Parliament and the judiciary. Test your knowledge on important distinctions, objectives, and reform discussions within the Canadian legal framework.