Criminal Code of Canada Review

Criminal Code of Canada

• The Criminal Code of Canada is a federal statute that contains the majority of criminal laws passed by Parliament.
• It lists all offenses, sentences imposed, and procedures to follow.

Actus Reus

• Actus reus refers to the act itself or the "guilty act".
• It demonstrates a voluntary action, omission, or state of being prohibited by law.

Parties to an Offense

• Parties to an offense are people not directly involved in a crime but are considered partly responsible for it.
• They assist the perpetrator in committing the crime.

Attempted Crime

• Attempt is the intention to commit a crime, even when the crime is not completed.
• It does not require Actus Reus, but a guilty act begins when preparation turns into an attempted action.
• Mens Rea is established as occurring at the beginning of the attempt.

Reasonable Doubt

• Beyond reasonable doubt means being 101% sure that the person is guilty of the act.
• If one person has reasonable doubt, it means they have created reasonable doubt.

Duty Counsel

• Duty Counsel is a lawyer on duty in a courtroom or police station who gives free legal advice to persons arrested or brought before the court.

Witnesses

• Witnesses testify in court to provide evidence in the case.
• The witness can be called to give evidence by the prosecutor or by the defense.
• The list of Crown witnesses must be given to the defense prior to the trial.

Burden of Proof

• The Crown has the obligation to prove the guilt of the accused beyond a reasonable doubt.

RCMP

• The Royal Canadian Mounted Police (RCMP) was formed in 1873 as the North-West Mounted Police.
• It is the federal police force in Canada, providing investigative and protective services to the federal government.
• It serves as the provincial police in all provinces and territories except Ontario and Quebec.

Definitions

• Show Cause Hearing: a judicial hearing in which the Crown or the accused has to convince the judge to detain or release the accused before trial.
• Physical Evidence: any object, impression, or body element that can be used to prove or disprove facts relating to an offense.
• Recognizance: a guarantee that the accused will appear in court when required, under penalty of a fine up to $500.
• Perimeter: the area surrounding the center of a crime scene, where the offender may have left evidence.
• Contamination: the loss, destruction, or alteration of physical evidence.
• Search Warrant: a court document that gives the police the right to search a specific location.
• Citizen's Arrest: an arrest without a warrant by any person other than a peace officer.
• Latent Fingerprint: a print formed by natural oils and perspiration on the fingertip that is invisible to the naked eye.
• Chain of Custody: the witnessed, written record detailing dates, times, and circumstances of evidence handling by all of the people who had control over items of evidence.
• Centre: the immediate area in which the offense was committed.
• Class Characteristics: general attributes of an object such as type, make, model, size, and style.

Conditions of a Crime

• The act is considered wrong by society.
• The act causes harm to society in general or to people who need protection (minors).
• The harm must be serious.
• The remedy must be handled by the criminal justice system.

Elements of a Crime

• Mens Rea: Intent, Knowledge, Criminal Negligence, Recklessness, Willful Blindness.
• Actus Reus: Voluntary Action, Omission, State of Being.

General/Specific Intent

• General Intent: the desire to commit a wrongful act, with no ulterior motive or purpose.
• Specific Intent: the desire to commit one wrongful act for the sake of accomplishing another.

Parties to an Offense

• Perpetrator
• Aider
• Abettor
• Counselor
• Accessory After the Fact

Players in the Courtroom

• JUDGE:
  • In charge of the court
  • Listens to what is said in court and decides if the accused is guilty, unless there is a jury that makes this decision instead
  • Ensures rules of the courtroom are followed
  • Decides sentence if guilty verdict is delivered
  • Instructs jury on procedures
• DEFENSE COUNSELOR:
  • Represents a person charged with a criminal offense
  • Ensures that the accused legal rights are protected
• ACCUSED:
  • The person charged with committing a criminal offense

Plea Bargaining

• The accused agrees to plead guilty to a less serious charge if the Crown drops a more serious charge.
• Benefits: shorter trials, saves money, provides police with valuable information, and certainty of accused at least being guilty of something.
• Cons: criminal gets off easy, public loses confidence, not fair to others who aren't offered plea bargain, and police tend to overcharge.

Forms of Evidence

• Circumstantial evidence: allows a judge or jury to infer and accept a fact based on a set of known circumstances.
• Direct Evidence: an eyewitness has seen or heard the alleged events, or some real evidence is provided which proves a fact in question.
• Physical Evidence: consists of physical objects that can be offered into evidence, such as weapons, tools, fingerprints, and blood.