Criminal Law Chapter 6 - Regulatory Offences

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Questions and Answers

What is the primary purpose of the ‘half-way house’ approach in regulatory offences?

To eliminate the requirement of proving actus reus.

To shift the burden of proof to the accused after actus reus is established. (correct)

To require the Crown to prove mens rea beyond a reasonable doubt.

To allow defendants to prove their negligence.

In which case did the Supreme Court of Canada endorse the ‘half-way house’ approach?

R v. Sault Ste Marie (correct)

R v. Wholesale Travel Group Inc.

R v. negligence

R v. actus reus

Which of the following is NOT a category of criminal offences recognized in Canadian law?

Absolute liability offences.

Offences requiring proof of full mens rea.

Negligence offences. (correct)

Strict liability offences.

What does the burden of proof shift to the accused in a strict liability offence?

To prove they were diligent. Signup and view all the answers

What is a defining characteristic of absolute liability offences?

They do not allow any form of defence based on negligence. Signup and view all the answers

Which factor is NOT considered when determining if a regulatory offence is strict or absolute liability?

The political implications of the offence. Signup and view all the answers

What type of offences does the Supreme Court of Canada believe should be treated as strict liability?

The majority of regulatory offences. Signup and view all the answers

Which of the following best describes the mens rea requirement for strict liability offences?

No mens rea needs to be established. Signup and view all the answers

What must the Crown prove for a person to be considered as having aided or abetted in the commission of an offence?

The accused intended to assist or encourage the principal actor in the crime. Signup and view all the answers

In what situation can someone be considered to have 'actually committed' an offence without being present?

If the accused acted through an innocent agent. Signup and view all the answers

What distinguishes the act of aiding from abetting in a criminal offence?

Aiding involves physical assistance while abetting involves verbal encouragement. Signup and view all the answers

Which of the following does NOT constitute aiding or abetting under criminal law?

Remaining silent while witnessing a crime. Signup and view all the answers

What two elements must be established to prove aiding or abetting?

Actus reus and mens rea. Signup and view all the answers

Which of the following is a form of inchoate offense referenced in the content?

Counseling Signup and view all the answers

According to the content, what constitutes mens rea for counseling an offense?

Intention that an offense be committed Signup and view all the answers

What additional mens rea did the Supreme Court of Canada recognize for counseling in the Hamilton case?

Extreme recklessness Signup and view all the answers

What must the Crown prove regarding the accused's awareness in the context of recklessness for counseling?

The accused was subjectively aware and disregarded the risk Signup and view all the answers

What must a trial judge decide under section 24(2) regarding attempts?

Whether the accused's actions were proximate to the completed offense Signup and view all the answers

Under what circumstances can an accused be acquitted of a crime of general intent due to intoxication?

If the accused demonstrates their intoxication rendered them akin to automatism or insanity Signup and view all the answers

Which legislative measure removed the Daviault defense for crimes of general intent involving personal violence?

Section 33.1 of the Criminal Code Signup and view all the answers

What type of crimes still allow for the application of the Daviault defense?

General intent crimes without personal violence Signup and view all the answers

What fundamental rights did the Supreme Court of Canada claim would be infringed upon by convicting an accused in a state of extreme intoxication?

The rights guaranteed under the Charter Signup and view all the answers

Why is the Beard rule significant in the context of intoxication as a defense?

It states that intoxication is never a defense for general intent crimes Signup and view all the answers

What must a prosecutor assess before deciding to lay charges?

The evidence gathered during the investigation Signup and view all the answers

What is a significant reason for continued custody by a judge?

Risk of the accused committing further offences Signup and view all the answers

Which of the following indicates a potential violation of the Charter related to regulatory offences?

Potential for imprisonment coupled with absolute liability Signup and view all the answers

What action follows once a person has been formally charged by a prosecutor?

The prosecutor submits a formal denunciation Signup and view all the answers

If the police do not give documents upon release, what happens next?

An appearance notice is received later Signup and view all the answers

What is the purpose of extrajudicial measures for a person under 18?

To provide opportunities for community service Signup and view all the answers

Which case emphasized that absolute liability does not infringe upon liberty rights if not coupled with imprisonment?

Pontes Signup and view all the answers

What happens during the first appearance of an accused before a judge?

The charges laid in the denunciation document are read Signup and view all the answers

If an accused breaks the conditions of their release, what consequence might they face?

Return to custody or new charges Signup and view all the answers

What is the role of the justice of the peace when charges are laid?

To sign the formal denunciation for charges Signup and view all the answers

Which factor does NOT need to be assessed by the prosecutor when deciding to lay charges?

Past experiences of the accused Signup and view all the answers

What must happen within three days of holding an interim release hearing?

A decision on release must be made Signup and view all the answers

What is a possible condition that may be imposed on an accused upon release?

To maintain good conduct and not disturb the peace Signup and view all the answers

What is the outcome of the Rube case regarding the classification of regulatory offences?

Regulatory offences are rarely considered absolute liability Signup and view all the answers

What is a conditional sentence?

A sentence allowing service in the community under specific conditions. Signup and view all the answers

Which scenario would prevent an offender from receiving a conditional sentence?

The offender being sentenced for an offence with a mandatory minimum penalty. Signup and view all the answers

In which type of correctional institution does an offender serve a sentence of less than two years?

Provincial correctional institution. Signup and view all the answers

What does an intermittent sentence entail?

Serving part time in jail while being free the rest of the time. Signup and view all the answers

What is the purpose of a probation order associated with an intermittent sentence?

To guide the offender's conduct when not in jail. Signup and view all the answers

What characterizes imprisonment as a sentence?

It deprives a person of their freedom. Signup and view all the answers

For offences punishable by a maximum term of imprisonment of 14 years or life, which option is true?

Imprisonment is the only available sentence. Signup and view all the answers

What is a significant condition for an offender to receive a conditional sentence?

The court must believe the offender will not endanger public safety. Signup and view all the answers

Study Notes

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 6

Regulatory offences are distinct from "true crimes" as defined in the Criminal Code of Canada or the Controlled Drugs and Substances Act.
Regulatory offenses concern the enforcement of regulatory schemes regarding legitimate activities. These activities include but are not limited to trade, commerce, advertising, and highway use.
A large body of regulatory offences exists under both federal and provincial or territorial legislation.
Regulatory offenses impose penalties for conduct that falls below a standard of reasonable care. This standard is to protect Canadians from potential harm caused by negligent actions in legitimate activities.
Individuals convicted of regulatory offenses are not considered "morally culpable", unlike those convicted of "true crimes"
Historically, Canadian courts treated regulatory offences as having absolute liability, but this has changed
The Supreme Court of Canada endorsed a "half-way house" approach that recognizes offences with varying levels of mens rea.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 6 - Continued

Offences with full mens rea requirements, need the Crown to prove full intent.
Strict liability offences, do not require "mens rea" but allowing defence of "due diligence".
Absolute liability offences. Do not need 'mens rea" and no defence of "due diligence"
The Supreme Court of Canada acknowledges that most regulatory offenses are considered offenses of strict liability

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 7

Chapter 7 addresses the different ways individuals become involved in criminal activity and the inchoate offences. This includes counseling, attempt, and conspiracy.
Section 21(1) of the Criminal Code outlines how an individual becomes a party to a criminal offense. It focuses on active commission (the principal) or, importantly, aiding or abetting another person.
In exceptional circumstances, an accused can be deemed to have "actually committed" an offense, despite not being physically present. This involves acting through an "innocent agent"
The concept of 'aiding' implies providing assistance, 'abetting' implies instigating or encouraging an offense, and 'accessory after the fact' involves knowing of a crime and helping the offender escape or avoid punishment.
Key to offenses of aiding/abetting is whether the accused intended to facilitate the crime, rather than merely being present during its commission.
The chapter concludes by emphasizing the importance of establishing a common purpose for the participants in a conspiracy to commit an offense, whether indictable or summary conviction. This common purpose, rather than simply being present, is central to demonstrating a successful conspiracy.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 8

Chapter 8 discusses defenses related to mental impairment, specifically the defenses of not criminally responsible on account of mental disorder (NCRMD) or automatism.
The NCRMD defense addresses situations where the accused lacked the capacity to understand the nature or quality of their actions or to recognize them as wrong, caused by a mental disorder.
Automatism describes situations of involuntary conduct, often triggered by an external event or psychological state, that negates criminal responsibility.
The burden of proof is on the accused to demonstrate a mental disorder or state of automatism during the crime.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 9

Chapter 9 focuses on the sentencing process and the specifics involved when a sentence is imposed. This includes a discussion of factors to consider when sentencing, along with various types of sentences for consideration.
Aggravating factors (which increase sentence) or mitigating factors (which decrease) can be discussed, if and when applicable.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 10

Chapter 10 discusses the 'dangerous few'—those considered to pose a high risk to society—and the concept of indeterminate sentencing in relation to these individuals.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 11

The chapter addresses "necessity" and "duress" as legal defenses to criminal liability.
Necessity considers whether an accused person was acting under a compelling necessity to avoid a greater evil, whereas duress considers coercion faced by an accused person under threat of harm.

Criminal Law and Criminal Justice - Final Exam Prep - Chapter 12

Chapter 12 discusses two primary defenses against criminal charges - those being self-defense and the defense of property.
Self-defense refers to using force deemed necessary to defend oneself from imminent harm or an unprovoked attack.
The defense of property involves using force to protect lawfully possessed property.

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Description

Prepare for your Criminal Law final exam with a focus on Chapter 6, which covers the distinction between regulatory offences and true crimes in Canada. This chapter highlights the nature of regulatory offences, their enforcement, and the implications of penalties. Understand how Canadian courts have evolved in their interpretation of regulatory offences.