Criminal Law in Canada

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Questions and Answers

What is the primary distinction between conspiracy and attempt in criminal law?

Conspiracy necessitates completion of the unlawful act, while attempt does not.

Conspiracy can occur with a single party, while attempt requires at least two.

Conspiracy requires physical actions, while attempt does not.

Conspiracy is a preliminary crime characterized by an agreement, while attempt involves acts beyond mere preparation. (correct)

What does the court hold regarding mere preparation in relation to conspiracy?

Mere preparation must include some acts of attempt.

Mere preparation is sufficient for criminal liability.

Mere preparation is too remote to attract criminal liability. (correct)

Mere preparation constitutes a valid conspiracy charge.

Which aspect does NOT characterize conspiracy as described in the content?

It involves actions taken towards executing the unlawful object. (correct)

It requires an agreement between two or more parties.

It serves to prevent serious harm from occurring.

It is completed upon the formation of an agreement.

What can be said about the relationship between preparation and attempt?

Proximity distinguishes preparation from attempt, indicating a higher threshold for criminal liability in attempts. Signup and view all the answers

What does the court state about 'attempted conspiracy'?

Attempted conspiracy cannot be criminalized as it represents a 'risk of a risk'. Signup and view all the answers

What is the primary goal of criminal law?

To prevent harm to society Signup and view all the answers

Which of the following is NOT a constitutional foundation of criminal law in Canada?

International treaties governing crime Signup and view all the answers

What must a conduct prohibition in criminal law be?

Clearly defined and specific Signup and view all the answers

Which statute is considered a primary source of substantive criminal law?

Criminal Code (1892) Signup and view all the answers

What is meant by 'penalty' in the context of criminal law?

A consequence imposed for prohibited conduct Signup and view all the answers

Which of the following reflects a legitimate public purpose according to criminal law?

Public peace and safety Signup and view all the answers

What must a criminal prohibition serve to qualify under Parliament’s criminal law power?

Public peace, order, security, health, or morality Signup and view all the answers

In regard to marijuana possession, what was one of the key arguments made by the appellants challenging the law?

The law is overly broad and infringes on liberty Signup and view all the answers

Which of the following illustrates an example of recklessness in criminal law?

Ignoring traffic signs while driving at high speed Signup and view all the answers

According to the legal principles outlined, what is required for Parliament to legislate prohibitions effectively?

A prohibition must be accompanied by a penalty Signup and view all the answers

An essential requirement for the validity of criminal law includes which of the following?

Legitimate public purpose Signup and view all the answers

What does the doctrine of federal paramountcy state?

Federal laws prevail over conflicting provincial laws Signup and view all the answers

In the case concerning genetic discrimination, what public interest was Parliament seeking to protect?

The autonomy and privacy of individuals Signup and view all the answers

What aspect of criminal law demonstrated overlap between provincial and federal jurisdiction?

Prohibition of unauthorized drug use Signup and view all the answers

What constitutes the liability of an individual who aids or abets a robbery?

They need to assist materially in the offence Signup and view all the answers

Which of the following is NOT a mode of committing a criminal offence as described?

Innocent bystander Signup and view all the answers

What is the purpose behind imposing penalties in the criminal law framework mentioned?

Consequences for actions that are deemed harmful Signup and view all the answers

What is not an example of legitimate public purpose for criminal law?

Facilitating economic transactions Signup and view all the answers

How does Parliament justify a law that restricts personal freedoms under the Charter?

Through evidence of legitimate public purpose Signup and view all the answers

What must be established to prove liability under sections 21 and 22 regarding abetting?

Knowledge of the crime before its commission Signup and view all the answers

What is a key principle concerning the liability of individuals involved in an offense?

All participants share equal culpability Signup and view all the answers

Study Notes

Defining Criminal Law in Canada

Criminal law identifies, deters, and punishes blameworthy conduct requiring intent or recklessness, aiming to prevent harm to society. It involves state intervention with sanctions including imprisonment.

Sources of Criminal Law

Constitutional Foundations: Section 91(27) of the Constitution Act, 1867, gives Parliament exclusive authority over criminal law and procedure, covering bail, juries, courtroom procedures, police powers, investigations, and proceedings. Also includes the language of proceedings, NCR, ministerial conviction reviews.
Constitutional Validity Requirements: A valid criminal law must have a legitimate public purpose, prohibit specific conduct clearly defined, and include penalties for the prohibited conduct. This relates to the rule of law.
Substantive Criminal Law: Criminal Code (1892), the primary source, but other statutes (e.g., Income Tax Act) can contain criminal provisions.

Regulatory Laws

Distinction from Criminal law: Regulatory schemes enforce rules, which can involve criminal law elements but are not identical to criminal law; regulatory law complements criminal sanctions. Regulations deal with authorized conduct, while criminal law addresses unauthorized actions (e.g., regulating cannabis sales). There's overlap in provincial and federal jurisdiction.

Case Examples

R. v. Malmo-Levine; R. v. Caine: Examined whether marijuana possession laws under the Narcotic Control Act (NCA) were valid under the Charter; examined the law power in preventing societal harm, public peace, safety, morality, health, and protection (purpose).
Reference re Assisted Human Reproduction Act: Federal criminal law power is limited to prohibiting behaviour, cannot be used to promote beneficial practices. This doctrine is called "federal paramountecy."
Reference re Genetic Non-Discrimination Act: Parliament's criminal law power can address risks to public and social interests (e.g., autonomy, privacy, equality), and prohibitions must have accompanying penalties.

Modes of Committing a Criminal Offence

R. v. Cowan: A key case discussing how liability for offences like robbery is determined based on aiding, abetting, counselling, common intent, and accessory after the fact. Same guilt regardless of role (e.g., providing a gun vs. pulling the trigger). The identity of principle offenders is not necessary for criminal responsibility.
Important roles include:
Commits the offence (principal offender): Individual directly commits the crime.
Aider: Provides material assistance in the offence.
Abettor: Encourages or incites the offence.
Common Intender Acts with the common intention of carrying out the crime.
Counselor Encourages principle to decide to commit the offence by providing words of encouragement.
Accessory After the Fact: Assists a party to escape following the offence.
The same guilt applies to all participants regardless of roles, whether as principal offenders, aiders, abettors, or counselors.
R. v. Dery: Examined whether certain actions constitute an attempt or merely preparation for a crime or conspiracy. The court held that mere preparation to form a conspiracy is too remote for criminal liability. Conspiracy is a separate offence distinct from an attempt once an agreement to commit an illegal activity has been reached.

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Description

Explore the foundations and sources of criminal law in Canada, including its constitutional backing and the primary statutes involved. This quiz covers the key principles and requirements for valid criminal laws, as well as the state’s role in sanctioning blameworthy behavior.