Criminal Law Study Notes

Parliament has the sole power to enact criminal prohibitions and determine their punishments.

Provinces can administer criminal law, particularly in relation to the investigation and prosecution of criminal offences.

Section 9 states that no person shall be convicted of an offence at common law.

<p>The criminal law of England that was in force in a province before April 1, 1955 continues in force.</p> Signup and view all the answers

<p>Common law defences, like duress, are recognized in Canadian criminal law.</p> Signup and view all the answers

<p>Duress is an example of a common law defence.</p> Signup and view all the answers

<p>Section 9 prohibits the conviction or discharge for offences at common law or prior acts of Parliament.</p> Signup and view all the answers

<p>April 1, 1955, is the cutoff date for the enforcement of pre-existing English criminal law in Canada.</p> Signup and view all the answers

<p>An 'Act' refers to an Act of Parliament.</p> Signup and view all the answers

<p>An incendiary grenade is an example of an 'explosive substance'.</p> Signup and view all the answers

<p>It focuses on the law's purpose and intentions rather than just the text.</p> Signup and view all the answers

<p>The Purposive Approach looks beyond the text to understand the law's intended effect.</p> Signup and view all the answers

<p>'Enactment' refers to an Act or regulation concerning a portion of an Act or regulation.</p> Signup and view all the answers

<p>It is important to navigate and understand the organization and layout of the code effectively.</p> Signup and view all the answers

<p>'Public officer' includes various officials involved in enforcing the law and public administration.</p> Signup and view all the answers

<p>Courts should consider the purpose of the law and how to fulfill that purpose.</p> Signup and view all the answers

<p>The Court required a 'stringent standard of justification' before accepting limits on guaranteed rights under section 1.</p> Signup and view all the answers

<p>The criminal offences were struck down, as the full section 1 test was not conducted, with arguments framed primarily under section 7.</p> Signup and view all the answers

<p>Mr. Labaye was charged with operating a 'common bawdy-house' in violation of section 210(1) of the Criminal Code.</p> Signup and view all the answers

<p>The Court determined that morality was not useful; instead, it focused on established Canadian objective standards of decency and whether harm had been done.</p> Signup and view all the answers

<p>'Actus reus' refers to the specific act or conduct that constitutes a criminal offense.</p> Signup and view all the answers

<p>In theft, the actus reus is contextualized by the action of depriving the owner of their property, which may involve nuances such as consent.</p> Signup and view all the answers

<p>The Supreme Court ruled that Mr. Labaye should not have been convicted for owning a bawdy-house, indicating that the activities did not classify as indecent.</p> Signup and view all the answers

<p>The Court reviewed precedent cases to determine that 'obscenity' must reflect what Canadians can socially accept rather than subjective morals.</p> Signup and view all the answers

<p>For murder, the actus reus requires that the accused executed an action that resulted in the death of another person.</p> Signup and view all the answers

<p>Section 1 of the Charter allows for reasonable limits on rights and freedoms that can be demonstrably justified in a free and democratic society.</p> Signup and view all the answers

<p>The Williams case emphasized that both actus reus and mens rea must coincide for a crime to be constituted.</p> Signup and view all the answers

<p>The Court emphasized that limits on rights could be justified if exercised rights would harm the realization of collective goals of fundamental importance.</p> Signup and view all the answers

<p>The accused must demonstrate that they used or threatened to use a weapon during the assault.</p> Signup and view all the answers

<p>It is important to distinguish between them to accurately assess the nature of the crime and the responsibility of the accused.</p> Signup and view all the answers

<p>'Deprive' implies taking or causing loss in a way that affects the owner's possession of their property.</p> Signup and view all the answers

<p>Statutory conditions refer to specific requirements outlined in criminal codes that define the necessary actus reus for an offense.</p> Signup and view all the answers

<p>The main criticism is that strict interpretation can lead to arbitrary or irrational outcomes, contradicting the purposive intent of the legislation.</p> Signup and view all the answers

<p>The defendant was acquitted because the statute required the impersonated person to be living, demonstrating the absurdity of applying strict interpretation in that case.</p> Signup and view all the answers

<p>The court overturned the conviction because biting did not meet the definition of 'stab, cut, or wound' as strictly interpreted, highlighting the limitations of a strict construction approach.</p> Signup and view all the answers

<p>It emphasizes that statutory words must be read in context, in their grammatical and ordinary sense, harmoniously with the scheme and object of the Act.</p> Signup and view all the answers

<p>Legislators aim to adopt language that accurately conveys the law's effect without unnecessary translation or explanation burdens.</p> Signup and view all the answers

<p>A purposive interpretation is important because it allows for the intention of the legislation to guide legal outcomes, avoiding absurd results from strict textual readings.</p> Signup and view all the answers

<p>Strict interpretation risks leading to 'absurd outcomes' that do not reflect the actual intent of the law.</p> Signup and view all the answers

<p>The 'entire context' refers to considering the complete framework of the statute, including its purpose, intent, and interrelated provisions during interpretation.</p> Signup and view all the answers

<p>The common law defence of duress allows individuals charged under ss. 21(1)(b) and 21(2) to excuse their conduct despite lacking the requisite mens rea due to coercion.</p> Signup and view all the answers

<p>'Willfully' is interpreted to denote intention rather than recklessness, specifically emphasizing the intentional promotion of hatred under s. 281.2(2).</p> Signup and view all the answers

<p>Intention entails a deliberate aim to bring about a consequence, while recklessness involves awareness of a risk without intent to achieve the result.</p> Signup and view all the answers

<p>Parliament intended to limit the offence under s. 281.2(2) to actions that involve intentional promotion of hatred, excluding recklessness.</p> Signup and view all the answers

<p>The general mens rea involves either intentional or reckless actions that lead to the outcome sought to be evaded by law.</p> Signup and view all the answers

<p>An accused's foresight of a consequence being highly probable is not the same as having the intention to bring that consequence about.</p> Signup and view all the answers

<p>The example illustrates that while a person may recklessly injure another while hunting drunk, this person did not intend to hurt anyone.</p> Signup and view all the answers

<p>Foreseeing a consequence as substantially certain equates to intending that result, fundamentally connecting foresight with intention in legal context.</p> Signup and view all the answers