Criminal Law Study Notes

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Questions and Answers

What authority does Parliament have regarding criminal law in Canada?

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

How do provincial governments interact with criminal law in Canada?

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

What does section 9 of the Criminal Code state about common law offences?

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

What continues to be in force in provinces as per section 8 of the Criminal Code?

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

What role do common law defences play in Canadian criminal law?

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

What is one example of a common law defence mentioned in the content?

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

What limitations does section 9 place on establishing criminal offences in Canada?

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

What is the significance of the date April 1, 1955, in the context of the Criminal Code?

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

What is meant by the term 'Act' in the context of Parliament?

An 'Act' refers to an Act of Parliament. Signup and view all the answers

List one example of what constitutes an 'explosive substance'.

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

What does the Purposive Approach focus on when interpreting legislation?

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

How does the Purposive Approach differ from a strictly textual interpretation?

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

Explain the term 'enactment' as used in the document.

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

Why is it important for legal professionals to familiarize themselves with the Criminal Code before exam day?

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

What is the significance of the term 'public officer' in the legal context?

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

What should courts consider according to the Purposive Approach during legal interpretation?

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

What stringent standard did the Court require regarding limitations on guaranteed rights?

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

In the case of Canada (Attorney General) v Bedford, what was the outcome concerning the criminal offences?

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

What was the main legal violation against Mr. Labaye in R v Labaye?

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

What criteria did the Court use to determine if Mr. Labaye's activities were indecent?

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

What does the term 'actus reus' refer to in criminal law?

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

How does the actus reus of theft differ from other offenses?

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

What was the outcome of Mr. Labaye's conviction related to the operation of the club?

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. Signup and view all the answers

How did the Court's decision in Labaye relate to previous cases such as Towne Cinema Theatres Ltd. v. The Queen?

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

What is required for an act to be considered as actus reus in murder cases?

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

What does section 1 of the Charter pertain to in the context of rights and freedoms?

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

Explain the significance of the Williams case in relation to actus reus and mens rea.

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

What fundamental principle did the Court emphasize in its ruling regarding collective goals?

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

In the context of assault with a weapon, what must the accused demonstrate?

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

Why is it important to distinguish between actus reus and mens rea?

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

What does the term 'deprive' imply in the context of theft's actus reus?

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

What are statutory conditions in relation to actus reus?

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

What is the main criticism of strict statutory interpretation as demonstrated in R v Pare?

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

In Whitely v Chappel, what was the outcome of the defendant's acquittal based on strict interpretation?

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

How did the court rule in R v Harris regarding the biting incident, and what principle did it highlight?

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. Signup and view all the answers

What does the fundamental principle of statutory interpretation emphasize according to Rizzo & Rizzo Shoes Ltd.?

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. Signup and view all the answers

According to Howard’s Criminal Law, what is the goal of legislators when selecting language for statutes?

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

Why is a purposive interpretation considered important in legal contexts?

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. Signup and view all the answers

What outcome does strict interpretation risk according to the principles discussed in the cases mentioned?

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

What does the phrase 'entire context' refer to in the fundamental principle of statutory interpretation?

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

What is the significance of the common law defence of duress in the context of mens rea?

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. Signup and view all the answers

In Regina v. Buzzanga and Durocher, how does the court interpret 'willfully' in relation to promoting hatred?

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

How does the court differentiate between intention and recklessness according to the text?

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

What does the case imply about Parliament's intention regarding the offence of wilful promotion of hatred?

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

Define the general mens rea when no mental element is specified in a crime's definition.

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

What can be inferred about an accused's foresight of consequences during criminal acts?

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

Explain the example provided about hunting in relation to recklessness.

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

What is the implication of foreseeability in the context of intention as discussed in the case?

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

Flashcards

Parliament's Power over Criminal Law

The federal government, specifically Parliament, has the sole power to create and define criminal offences, including setting punishments. This is under section 91(27) of the Constitution Act, 1867, and was confirmed in R v Lloyd, 2016 SCC 13.

Provincial Administration of Criminal Law

While Parliament creates criminal laws, provinces have the authority to manage aspects of criminal law, including investigating and prosecuting offences. This is under section 92(14) of the Constitution, allowing provinces to establish and manage their own court systems.

Criminal Code and Common Law

Before 1955, the common law was used to establish criminal offences. However, section 9 of the Criminal Code now prevents this, requiring all criminal offences to be defined by Canadian legislation.

Continuing English Common Law

The Criminal Code preserves some aspects of the English common law that were in place before 1955. However, these elements can only be used as long as they are not altered or modified by Canadian law.