CRM 2300 B Exam Prep midterm 1 (The Underlying Philosophy of Canadian Criminal Law)

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Questions and Answers

Which country's laws is the Canadian criminal law based on?

Canada

France

United States

United Kingdom (correct)

When did the written codified law come into existence in Canada?

It did not exist till now

In the 19th century (correct)

In the 18th century

In the 20th century

What is Canadian criminal law created based on?

Religious philosophy

Conservative philosophy

Socialist philosophy

Liberal philosophy (correct)

What are the assumptions of the philosophy behind Canadian criminal law?

Humans are rational and hedonistic beings Signup and view all the answers

List some laws that limit our freedom minimally in order to better how society functions (max freedom of everyone)

Jaywalking, Drinking and driving, Speed limits, Seat belts Signup and view all the answers

What happens if the state abuses the power when it comes to enforcing laws?

State cannot abuse its power as other legislations are in place to uphold the individuals right Signup and view all the answers

What should state (criminal law) punish ?

Those who make rational decisions to transgress the law Signup and view all the answers

What did Thomas Hobbs believe about society ?

Society will rot in chaos w/o laws Signup and view all the answers

Does law limit individuals freedom and ability to act in her/his self interest ?

True Signup and view all the answers

When and where was the CCJS developed ?

England, 18th and 19th century Signup and view all the answers

What is the Canadian Criminal Justice System (CCJS) based on ?

Common Law Signup and view all the answers

What is the goal of Criminal Law

Max pleasure and min pain Signup and view all the answers

Where does the Canadian Criminal Law come from? (sources of CCL)

<ol> <li>Legislation: Statute law</li> <li>Judicial decisions (common law)</li> </ol> Signup and view all the answers

What Is legislation: statute law? (a. and b.)

a. reverse law by charter challenge (only way) b. Law is imperfect Signup and view all the answers

You can only reverse law through a charter challenge

True Signup and view all the answers

Judicial decisions (common law) (a. cases that are... and b. test )

Signup and view all the answers

Which level of Government has the power to enact criminal law?

Signup and view all the answers

If there is a conflict between statute law and common law which one overrules the other?

Legislature overrules (statute law) Signup and view all the answers

Why was Nette found guilty of 2nd degree?

significant cause of death he inflicted on the woman Signup and view all the answers

Match the following to the correct ending

Canadian Justice = System Criminal = Law Criminal Code = Of Canada Supreme Court = Of Canada Signup and view all the answers

When was the CCC enacted?

1892 Signup and view all the answers

What does substantive criminal law define?

the nature of various criminal offences such as murder Signup and view all the answers

What is section 229 of the CCC?

culpable homicide is murder (a) where the person who causes the death of a human being (i) means to cause his death, or (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not Signup and view all the answers

What does substantive criminal law specify?

various legal elements, defines some of the nature & scope of carious defense Signup and view all the answers

Procedural criminal law outlines what?

the procedures to be followed in the prosecution of a criminal case Signup and view all the answers

How many categories are in the categorization of offences and what are they?

3, summary, indictable and dual/hybrid Signup and view all the answers

What does procedural criminal law define?

the nature & scope of the powers of criminal justice officials Signup and view all the answers

What does the accusatorial/adversarial system include?

Innocent until proven guilty, Two parties involved (crown prosecutor), The role of the Judge, the Crown and the defense counsel, This system has been recognized as fundamental principle of justice, Two parties presenting the facts back and forth Signup and view all the answers

What does the inquisitorial system entail?

The Judiciary brings out the facts, The role of the Judge, prosecutor and defense lawyer, All parties involved Signup and view all the answers

The Canadian court system includes what?

all of the above Signup and view all the answers

Provincial and territorial courts: federal and provincial cases entails what? with examples (specialized courts)

Courts dedicated to particular offense or offenders Specialized courts -Family court <ul> <li>Drug courts</li> <li>Divorce court</li> </ul> Signup and view all the answers

Superior court of criminal jurisdiction includes what? (deals w, appeal from what, accused does what?)

Deal with most serious criminal cases May hear appeal from summary conviction from provincial courts Accused makes decision if they have a judge and jury or just a judge Signup and view all the answers

What does court of appeal include? (appeals from what decisions?, dismiss what?, how many judges?)

Hear appeals from the decisions of the lower courts that have tried indictable offenses Dismiss the appeal, order new trial, overturn an acquittal, acquit an individual and sentences can be lowered or increase by appellate court 2-3 judges Signup and view all the answers

The SCC is ? (how many judges, elected by who, jurisdiction over what, appeals from what, percentage who are in line)

9 judges Elected by members Jurisdiction over disputes in all four bodies of law: administrative, civil, constitutional and criminal Hear appeals from various provincial and territorial courts of appeal 99.99% parliament is in line w supreme court of Canada Signup and view all the answers

If tried in federal courts where do you go?

prison Signup and view all the answers

Provincial?

Jail 2 years less a day Signup and view all the answers

What are the categories of offences in the CCC? (3 of them)

<ol> <li>summary conviction offences</li> <li>indictable offences</li> <li>hybrid or dual offences</li> </ol> Signup and view all the answers

Offence 1. (definition, tried before what court, plead is what, examples, what is the "accused" called...)

Definition: petty crime Provincial court Plead guilty majority of the time Examples: falsifying employment record, willful indecent act in public, causing a disturbance “Defendant” (not accused), “information” ,”dismissed” Signup and view all the answers

offence 2. (definition, tried before what court, what type of inquiry, how many options does the accused have and what are they, examples, f. "accused", "...", "...")

Definition: serious crime that can only be tried on an indictment Preliminary inquiry The accused has three options: A ‘bench trial’ before a provincial court judge A preliminary inquiry in provincial court, followed by a trial in superior court before a judge and jury A preliminary inquiry in provincial court followed by a trial in superior court before a judge alone Examples: murder, manslaughter, robbery, theft over $5,000 “Accused”, “indictment”, “acquitted” Signup and view all the answers

Offences 3. hybrid or dual offences include? (definition, most offences are tried as what?)

Definition: when the crown prosecutor decides to proceed w indictable or summary conviction Most offenses are tried by summary convictions Signup and view all the answers

Study Notes

Canadian Criminal Law

Canadian criminal law is based on the laws of England.
The written codified law came into existence in Canada in 1892.
Canadian criminal law is created based on the principles of liberalism and the social contract theory.

Philosophy behind Canadian Criminal Law

The philosophy behind Canadian criminal law is based on the assumptions that individuals have free will and are responsible for their actions, and that the state has the power to limit individual freedom to protect society.

Laws that Limit Freedom

Examples of laws that limit our freedom minimally in order to better how society functions include traffic laws, taxation laws, and laws related to public health and safety.

Abuse of Power

If the state abuses the power when it comes to enforcing laws, it can lead to the violation of individual rights and freedoms.
The state should punish crimes that harm others or society, and not punish individuals for their personal choices.

Thomas Hobbes

Thomas Hobbes believed that society is inherently violent and that individuals need a strong state to protect them from each other.

Limitation of Individual Freedom

Law does limit individuals' freedom and ability to act in their self-interest, but it is necessary to protect society and maintain social order.

The Canadian Criminal Justice System (CCJS)

The CCJS was developed in 1892.
The CCJS is based on the principles of liberalism and the social contract theory.

Goal of Criminal Law

The goal of criminal law is to protect society and maintain social order by punishing crimes that harm others or society.

Sources of Canadian Criminal Law

The sources of Canadian criminal law are legislation (statute law), judicial decisions (common law), and the Canadian Charter of Rights and Freedoms.

Legislation

Legislation refers to statute law, which is created by the federal and provincial governments.
a. Examples of legislation include the Criminal Code of Canada and the Youth Criminal Justice Act.
b. Legislation can be reversed through a charter challenge.

Judicial Decisions

Judicial decisions refer to common law, which is based on court cases and precedents.
a. Examples of judicial decisions include cases that are decided by judges and set precedents for future cases.
b. Judicial decisions can be used to test the constitutionality of legislation.

Power to Enact Criminal Law

The federal government has the power to enact criminal law under the Constitution Act.

Conflict between Statute Law and Common Law

If there is a conflict between statute law and common law, statute law overrules common law.

Nette Case

Nette was found guilty of second-degree murder because he did not intend to kill the victim, but his actions showed reckless disregard for human life.

The Criminal Code of Canada (CCC)

The CCC was enacted in 1892.
The CCC defines substantive criminal law, which specifies the elements of an offence and the penalties for committing an offence.

Substantive Criminal Law

Substantive criminal law defines the elements of an offence and the penalties for committing an offence.
Section 229 of the CCC defines the offence of murder.

Procedural Criminal Law

Procedural criminal law outlines the procedures for investigating and prosecuting crimes.
Procedural criminal law defines the steps involved in the criminal justice process, from investigation to trial.

Categorization of Offences

There are three categories of offences in the CCC: summary offences, indictable offences, and hybrid offences.
Summary offences are tried before a provincial court judge and are punishable by a fine or imprisonment.
Indictable offences are tried before a superior court judge and jury, and are punishable by imprisonment.
Hybrid offences can be tried either summarily or by indictment.

The Accusatorial/Adversarial System

The accusatorial/adversarial system includes the prosecution and the defence, who present their cases to a judge or jury.
The prosecution seeks to prove the guilt of the accused, while the defence seeks to prove their innocence.

The Inquisitorial System

The inquisitorial system is used in some countries, where the judge plays an active role in investigating and questioning witnesses.

The Canadian Court System

The Canadian court system includes provincial and territorial courts, superior courts, and the Supreme Court of Canada.
Provincial and territorial courts hear federal and provincial cases, and deal with matters such as traffic violations and family law.

Superior Courts

Superior courts have criminal jurisdiction and deal with serious crimes such as murder and treason.
Appeals from superior courts go to the court of appeal.

Court of Appeal

The court of appeal hears appeals from superior court decisions, and can dismiss or overturn a conviction.
The court of appeal has three judges who review the case and make a decision.

The Supreme Court of Canada (SCC)

The SCC is the highest court in Canada and has the final say on matters of law and justice.
The SCC has nine judges who are appointed by the Governor General.
The SCC has jurisdiction over appeals from the court of appeal, and can hear cases that involve important questions of law and justice.

Trial Courts

If tried in federal courts, appeals go to the federal court of appeal.
If tried in provincial courts, appeals go to the provincial court of appeal.

Categories of Offences

There are three categories of offences in the CCC: summary offences, indictable offences, and hybrid offences.
Offence 1: summary offences are tried before a provincial court judge and are punishable by a fine or imprisonment. Examples include traffic violations and mischief.
Offence 2: indictable offences are tried before a superior court judge and jury, and are punishable by imprisonment. Examples include murder and treason.
Offence 3: hybrid offences can be tried either summarily or by indictment. Examples include theft and fraud.

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Prepare for your CRM 2300 B exams with this comprehensive textbook by Verdun-Jones Simon. The exams will consist of multiple choice questions, written components, and case analysis questions. Don't miss the timed midterm exams on October 4th and November 1st, and the final exam which will cover all topics. Score high and ace your criminal law exams!