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What is the primary focus of regulatory legislation?
What is the primary focus of regulatory legislation?
How does regulatory legislation differ from criminal law?
How does regulatory legislation differ from criminal law?
What is the consequence of ignorance regarding quasi-criminal laws?
What is the consequence of ignorance regarding quasi-criminal laws?
Which of the following is NOT considered a focus of criminal law?
Which of the following is NOT considered a focus of criminal law?
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Which of the following is an example of quasi-criminal law?
Which of the following is an example of quasi-criminal law?
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What is the legal definition of a crime?
What is the legal definition of a crime?
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What are the two essential elements used to analyze criminal offences?
What are the two essential elements used to analyze criminal offences?
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Which of the following best describes 'true crimes' as opposed to regulatory offences?
Which of the following best describes 'true crimes' as opposed to regulatory offences?
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What is meant by subjective mens rea?
What is meant by subjective mens rea?
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Which of the following is NOT a recognized defense against a criminal charge?
Which of the following is NOT a recognized defense against a criminal charge?
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How might a person become a party to a criminal offence?
How might a person become a party to a criminal offence?
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What is the primary distinction between counseling, attempt, and conspiracy?
What is the primary distinction between counseling, attempt, and conspiracy?
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Which branch of the legal system is responsible for enforcing criminal laws?
Which branch of the legal system is responsible for enforcing criminal laws?
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What are the two main elements that define a crime under Canadian federal legislation?
What are the two main elements that define a crime under Canadian federal legislation?
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What is required for federal criminal legislation to be deemed valid in Canada?
What is required for federal criminal legislation to be deemed valid in Canada?
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How are crimes categorized according to Canadian criminal law?
How are crimes categorized according to Canadian criminal law?
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What role do judicial decisions play in criminal law in Canada?
What role do judicial decisions play in criminal law in Canada?
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What defines the parameters of the Canadian Constitution Act, 1867 regarding criminal law?
What defines the parameters of the Canadian Constitution Act, 1867 regarding criminal law?
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What is substantive criminal law concerned with in Canada?
What is substantive criminal law concerned with in Canada?
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Which of the following statements regarding procedural law in Canadian criminal law is true?
Which of the following statements regarding procedural law in Canadian criminal law is true?
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What distinguishes hybrid offenses from other categories in Canadian criminal law?
What distinguishes hybrid offenses from other categories in Canadian criminal law?
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Which component does not form part of the actus reus elements of a crime?
Which component does not form part of the actus reus elements of a crime?
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Under what condition can a failure to act be considered a crime?
Under what condition can a failure to act be considered a crime?
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What is the primary purpose of proving mens rea in a crime?
What is the primary purpose of proving mens rea in a crime?
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Which type of mens rea requires that the accused deliberately chose to do something wrong?
Which type of mens rea requires that the accused deliberately chose to do something wrong?
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What must be established for a person's conduct to potentially not qualify as actus reus?
What must be established for a person's conduct to potentially not qualify as actus reus?
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What element is NOT typically included in the actus reus definition?
What element is NOT typically included in the actus reus definition?
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Which statement best describes objective mens rea?
Which statement best describes objective mens rea?
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In which of the following scenarios does perjury NOT require proof of consequences?
In which of the following scenarios does perjury NOT require proof of consequences?
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What must a person prove to successfully use intoxication as a defense in a criminal charge?
What must a person prove to successfully use intoxication as a defense in a criminal charge?
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What is the main criterion for the defense of provocation to be applied in murder cases?
What is the main criterion for the defense of provocation to be applied in murder cases?
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In the context of the necessity defense, what does this defense imply?
In the context of the necessity defense, what does this defense imply?
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What limitation was introduced in the 2015 amendments to the provocation defense in murder cases?
What limitation was introduced in the 2015 amendments to the provocation defense in murder cases?
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What does the defense of duress require to be applicable?
What does the defense of duress require to be applicable?
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Which of the following statements correctly describes the concept of mistake of fact in a criminal charge?
Which of the following statements correctly describes the concept of mistake of fact in a criminal charge?
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What is a key factor that can disqualify intoxication as a defense strategy?
What is a key factor that can disqualify intoxication as a defense strategy?
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Which general defense can be considered both an excuse and justification for committing a crime?
Which general defense can be considered both an excuse and justification for committing a crime?
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Study Notes
What is a Crime?
- A crime is conduct prohibited by law and subject to penal sanctions (imprisonment or fines).
- Criminal code and other federal statues outline crime.
- Crimes may or may not be considered wrong by society.
- Prohibitions are the result of a legislative process, which is political.
- Police and judiciary are required to enforce these laws regardless of their own views.
What is Criminal Law?
- Defines various crimes.
- Outlines penalties.
- Includes principles concerning criminal responsibility.
- Explains defenses to criminal charges.
Sources of Criminal Law
- Criminal law comes from judicial decisions that interpret legislation or common law.
- Federal legislation defines crime and associated penalties.
Federal Legislation and Criminal Law
- The Constitution Act, 1867 states the Parliament of Canada holds exclusive jurisdiction over criminal law and procedures.
- A crime must include:
- A prohibition against certain conduct.
- A penalty for breaking the prohibition.
- The prohibition and penalty must target a “public evil” or behavior that harms the Canadian public.
- If any of these elements are missing, the legislation may be invalidated.
- Federal legislation includes:
- Criminal Code: defines criminal acts such as murder, manslaughter, and theft.
- Criminal Code: Defines elements that must be present for a conviction.
- Criminal Code: Specifies the criminal procedures to be followed in prosecuting a case, powers of Canadian Justice System officials.
- Criminal Code: Outlines how various categories of offences should be tried in court.
- The Criminal Code categories offences into three types:
- Indictable
- Summary Conviction
- Hybrid (can be tried as either indictable or summary).
Federal Legislation and Criminal Law
- Other federal legislation:
- Controlled Drugs and Substances Act
- Youth Criminal Justice Act
- Customs and Excise Act
Federal and Provincial or Territorial Regulatory Legislation: Quasi-Criminal Law
- The Constitution Act, 1867 allows provincial and territorial governments to enact legislation over:
- Public health
- Education
- Highways
- Liquor control
- Hunting and fishing
- This legislation can be enforced through fines, penalties, and imprisonment.
- Regulatory offences differ from criminal law as they address "public evil".
- Focuses on the orderly regulation of legitimate activities.
- Ignorance of regulatory laws does not exempt individuals from responsibility.
Federal and Provincial or Territorial Regulatory Legislation: Quasi-Criminal Law
- Criminal law focuses on the control of behavior considered inherently wrong (public evil).
- Regulatory Offences are less serious than criminal offences.
- While extensive and complex, are distinct from criminal law.
- Include a wide range of federal and provincial regulations:
- The Fisheries Act
- The Safe Food for Canadians Act
The Actus Reus Elements of a Crime
- The actus reus elements of a crime include:
- Conduct (voluntary act or omission constituting the central feature of the crime).
- Surrounding or "material" circumstances.
- Consequences of the voluntary conduct.
The Actus Reus Elements of a Crime
- Exceptions to the three elements to actus reus:
- Perjury doesn't require proof of any consequences.
- A failure to act can constitute a crime only if the accused was under a pre-existing legal duty to act (e.g., a parent to a child).
- The accused’s conduct must be voluntary (consciousness must be unimpaired).
The Mens Rea Element of Crime
- Mens Rea refers to the mental elements of the crime (other than voluntariness) that must be proven.
- Requires that the accused person understand and intend the consequences of their act.
- Proving mens rea aims to ensure that only those who are morally blameworthy are convicted, preventing the punishment of those who do not understand or intend the consequences of their actions.
The Mens Rea Element of Crime
- Two types of mens rea:
- Subjective: Deliberate choice to do something considered wrong.
- Objective: A reasonable person in the accused’s position would have been aware of the risks.
General Defences to a Criminal Charge
- Not Criminally Responsible on Account of Mental Disorder
- Lack of capacity at the time the crime was committed due to mental illness.
- Requires a trial to determine if the accused was NCRMD.
- If successful, results in an order holding them in a psychiatric facility.
General Defences to a Criminal Charge
- Mistake of Fact:
- The accused made an honest mistake that resulted in the crime.
- In sexual assault cases, the requirement is they took reasonable steps to ascertain the complainant was consenting.
- Ignorance of the law is not a mistake of fact.
General Defences to a Criminal Charge
- Intoxication:
- Intoxication may not be raised as a valid defence by those who claim substances impaired their ability to control their conduct.
- It is a valid defense if it can be proved it prevented the accused from forming mens rea.
General Defences to a Criminal Charge
- Necessity:
- The accused commits a lesser evil of a crime to avoid the occurrence of a greater evil.
- Considered an involuntary act from a moral viewpoint.
General Defences to a Criminal Charge
- Duress:
- The accused or another person (spouse or child) must be subjected to a threat of death or serious bodily harm.
General Defences to a Criminal Charge
- Provocation:
- Partial defense only raised when the charge is murder.
- Results in a manslaughter conviction if successful.
- The accused must have killed in the heat of passion caused by sudden provocation.
- The provocation has to be sufficient to deprive an ordinary person of the power of self-control.
- The 2015 amendments to the Criminal Code restrict the provocation defense to cases where the victim's conduct involves a serious indictable offense punishable by at least five years in prison.
- Limits use in "crimes of passion" and focuses it on more severe offenses with aggravating circumstances.
General Defences to a Criminal Charge
- Self-Defence:
- The accused used force to protect themself or another person from an unlawful attack.
- The force used must have been reasonable in the circumstances.
- Requires proving the fear of harm was bona fide , reasonable, imminent, and the force used was proportionate to the threat.
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Description
This quiz covers the foundational concepts of criminal law, including definitions of crime, sources of criminal law, and the role of federal legislation. Understand the principles that guide criminal responsibility and the enforcement of laws. Test your knowledge of the legal framework surrounding criminal activities.
