Canadian Criminal Law Overview

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.

Intent and Consent

• 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.

Service (Social)

• 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.