Criminal Law Definitions and Concepts

A legal principle that establishes punishment for a crime or offense.

Behavior that harms society. This includes omissions (failure to act when legally required, like not reporting a crime).

A legal standard used to determine if a decision is reasonable given the circumstances.

A legal standard used to determine if a decision is strictly in line with existing legal principles.

The principle that legal processes should be fair and protect individuals from arbitrary punishment.

The principle that laws apply equally to everyone, regardless of their status.

The principle that corporations, like individuals, have legal rights and can be held accountable in the same way.

Corporations can invoke certain constitutional rights, such as protection from unreasonable searches and seizures.

A set of rules that defines actions prohibited by the state and sets out the punishments for breaking those rules.

The belief that punishment discourages individuals from committing crimes.

A law is vague if it doesn't clearly define what actions are prohibited, making it hard for people to understand and follow.

A law that outlines what actions are considered crimes and how these crimes are punished.

The legal rules governing how laws are enforced, ensuring fairness in the legal process. Includes things like the burden of proof and the rights of the accused.

The highest authority in Canada for creating criminal laws.

The ability of judges to interpret and apply laws based on different perspectives and considerations.

Failing to act when there is a legal duty to do so can be considered a crime. Like, not reporting a crime when you see it.

The principle that courts should follow previous rulings in similar cases.

A legal test used to determine if a law limiting Charter rights is justified.

The ability of courts to overturn or strike down laws that violate the Constitution.

A legal document that gives Parliament or provinces the power to override certain Charter rights for up to five years.

A legal principle that ensures individuals are not unlawfully detained. It includes rights like seeking legal counsel and challenging detention in court.

Legal language that focuses on obligations and duties. It uses terms like 'shall,' 'must,' and 'is required to,' defining what is legally expected.

Cases that fall into grey areas where the law is unclear or open to interpretation based on context.

A legal principle where the burden of proof is shifted to the accused to prove their innocence, rather than the prosecution proving guilt.

A three-part test used to evaluate if a limitation on Charter rights is justified under section 1 (reasonable limits). It considers if the law has a pressing purpose, is rationally connected to the goal, and is proportionate in its impact.

This clause allows Parliament or provinces to temporarily override certain Charter rights for up to five years. Think of it as a temporary override switch for Charter rights.

The process judges use to interpret laws in light of changing values and societal beliefs.

Public indecency is a summary offense defined as an act performed in a public place with the intent to insult or offend, regardless of whether the person thought they were being observed.

The 'Reasonable Limits' clause of the Charter allows for restrictions on freedoms and rights when necessary to achieve a greater societal goal.

The 'Notwithstanding Clause' allows the federal government to pass laws that violate fundamental rights by overriding the Charter.

Guaranteed freedoms and rights include religion, thought, belief, expression, opinion, and freedom of the press.

These rights, including the right to vote, participate in government, and associate with others, cannot be overridden by the 'Notwithstanding Clause'.

This right guarantees a person's ability to move freely within Canada, including entering, leaving, living, and earning a living.

This section permits affirmative action programs to address imbalances in employment, promoting equality and opportunity.