Regulatory Offences in Canada
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Questions and Answers

What is the primary purpose of the 'halfway house' approach in regulatory offences?

  • To shift the burden of proof to the Crown
  • To automatically convict defendants
  • To remove the actus reus requirement
  • To allow defendants to prove their innocence (correct)

In absolute liability offences, the Crown must prove the existence of mens rea.

False (B)

List the three categories of criminal offences recognized in Canadian law.

Full mens rea offences, strict liability offences, absolute liability offences.

The 'halfway house' approach shifts the burden of proof to the accused after the Crown proves the __________.

<p>actus reus</p> Signup and view all the answers

Match the following categories of offences with their descriptions:

<p>Full mens rea offences = Require the Crown to prove all mens rea elements Strict liability offences = Permit the defence of due diligence Absolute liability offences = No need for the Crown to prove mens rea and no defence allowed</p> Signup and view all the answers

Which of the following factors does NOT need to be examined to designate a regulatory offence as strict or absolute liability?

<p>The defendant's prior convictions (B)</p> Signup and view all the answers

The Supreme Court of Canada ruled in the Sault Ste Marie case that the 'halfway house' approach should be applied to all regulatory offences.

<p>False (B)</p> Signup and view all the answers

In the Wholesale Travel Group Inc. case, what did the Court rule about the onus on the accused proving 'due diligence'?

<p>It did not render the relevant legislation invalid under the Charter.</p> Signup and view all the answers

What is the minimum period a dangerous offender must serve before being eligible for parole?

<p>7 years (D)</p> Signup and view all the answers

Persons convicted of first-degree murder in Canada are eligible for parole after serving 10 years.

<p>False (B)</p> Signup and view all the answers

What percentage of any fine imposed on an offender is designated as a victim surcharge?

<p>30%</p> Signup and view all the answers

An offender convicted of second-degree murder must serve between __________ and __________ years before being eligible for parole.

<p>10, 25</p> Signup and view all the answers

Match the type of murder with its respective parole eligibility period:

<p>First-degree murder = 25 years Second-degree murder = 10 to 25 years Dangerous offender = 7 years Statutory release = 10 years</p> Signup and view all the answers

What happens if an offender is unable to pay the victim surcharge?

<p>They may participate in a provincial fine option program (A)</p> Signup and view all the answers

Restitution is a form of punishment for offenders requiring them to pay the victim for losses incurred due to the crime.

<p>True (A)</p> Signup and view all the answers

What is the primary purpose of collecting a victim surcharge?

<p>To provide assistance for victims of crime</p> Signup and view all the answers

What must the Crown prove to convict someone under section 23(1) of the Criminal Code?

<p>Knowledge that a crime has been committed (A)</p> Signup and view all the answers

An accused person can be convicted of manslaughter while the principal offender is convicted of murder.

<p>True (A)</p> Signup and view all the answers

What does section 22 of the Criminal Code specify about counseling another person?

<p>An individual who counsels another to commit an offence becomes a party to that offence if it is ultimately committed.</p> Signup and view all the answers

An accused can escape liability under section 21(2) by asserting that the part who committed the offence went beyond the scope of the __________.

<p>common intention</p> Signup and view all the answers

Match the following definitions to their respective terms:

<p>Accessory after the fact = Someone who helps a criminal evade capture Counseling = Encouraging someone to commit an offence Inchoate offences = Crimes that are not fully executed Mens rea = The mental state of intent in committing a crime</p> Signup and view all the answers

What does it mean to 'counsel' someone in the context of the Criminal Code?

<p>To persuade or incite another to commit an offence (B)</p> Signup and view all the answers

Actual intention is the only mens rea that can be applied to the offence of counseling.

<p>False (B)</p> Signup and view all the answers

What is required to absolve an accused of criminal responsibility under section 21(2)?

<p>Timely and unequivocal communication of intention to withdraw from the common intent.</p> Signup and view all the answers

What must the prosecution prove in a strict liability offense regarding careless driving?

<p>The accident occurred due to lack of due care and attention (B)</p> Signup and view all the answers

A person charged with an absolute liability offense can prove they acted with due diligence to avoid punishment.

<p>False (B)</p> Signup and view all the answers

What is the main difference between strict liability and absolute liability offences?

<p>Absolute liability does not allow for defenses like due diligence, while strict liability does.</p> Signup and view all the answers

The judicial process in criminal cases presumes a person is __________ until proven guilty.

<p>innocent</p> Signup and view all the answers

Which of the following best describes absolute liability offences?

<p>No defenses can be used to exculpate the accused (A)</p> Signup and view all the answers

Jail time is typically a possible punishment for conviction of strict liability offences.

<p>False (B)</p> Signup and view all the answers

Once a strict liability offense is established, the onus shifts to the __________ person to prove due diligence.

<p>accused</p> Signup and view all the answers

Match the following legal terms with their definitions:

<p>Strict Liability = Offense requiring proof of lack of due care Absolute Liability = Offense with no available defenses Presumption of Innocence = Accused is assumed innocent until proven guilty Judicial Process = Process to determine guilt or innocence in criminal cases</p> Signup and view all the answers

What must be shown for an accused person to claim the defence of provocation?

<p>They acted in a sudden manner. (A)</p> Signup and view all the answers

A victim's actions that were legally permissible can be considered provocation.

<p>False (B)</p> Signup and view all the answers

What happens if the accused person initiates the altercation with the victim in a provocation case?

<p>The defence will fail.</p> Signup and view all the answers

The Beard Rules govern the defence of __________.

<p>intoxication</p> Signup and view all the answers

Under the Beard Rules, when must an accused be acquitted based on intoxication?

<p>If intoxication induces a mental disorder. (D)</p> Signup and view all the answers

Intoxication can serve as a defence for crimes of basic intent.

<p>False (B)</p> Signup and view all the answers

What does NCRMD stand for in the context of legal defence?

<p>Not Criminally Responsible on account of Mental Disorder</p> Signup and view all the answers

Match the conditions of intoxication to their outcomes:

<p>Mental disorder induction = Acquitted as NCRMD Prevents specific intent = Must be acquitted Falls short of intent prevention = Not a valid defence</p> Signup and view all the answers

What must the threat of duress involve according to the common-law defense?

<p>A threat of serious bodily harm (B)</p> Signup and view all the answers

The Ruzic case established that duress can be claimed even if the threat is not immediate.

<p>True (A)</p> Signup and view all the answers

What test is used to determine whether an accused had a safe avenue of escape?

<p>Modified objective test</p> Signup and view all the answers

The Supreme Court ruled that section 17 only applies to those accused persons who are charged with having __________ committed the offence.

<p>actually</p> Signup and view all the answers

Match the case with its ruling regarding duress:

<p>Ruzic case (2001) = Threat must be present Paquette case (1976) = Common-law defense requirements apply to accomplices</p> Signup and view all the answers

What is a key requirement for claiming duress?

<p>There must be a physical presence of the threat maker (B)</p> Signup and view all the answers

An individual who is a member of a conspiracy may invoke the defense of duress.

<p>False (B)</p> Signup and view all the answers

What is the primary limitation on the defense of duress according to section 17?

<p>Accused must not be charged with certain serious offenses</p> Signup and view all the answers

Flashcards

Regulatory Offences

Criminal offences related to regulations or rules, not necessarily requiring a guilty mind (mens rea).

Actus Reus

The physical act or action that constitutes a crime.

Mens Rea

The guilty mind or intent behind a crime.

Half-way House

A middle ground in proving regulatory offences - Crown proves actus reus, then defendant proves lack of negligence.

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Strict Liability

Regulatory offences requiring no proof of guilty mind. Defendant can defend with "due diligence".

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Absolute Liability

Regulatory offences where no mens rea is needed, and no defence of due diligence is allowed.

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Due Diligence

A defense strategy for strict liability offences. Showing all reasonable efforts were exerted to follow rules.

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Sault Ste Marie case (1978)

Supreme Court of Canada case endorsing the 'half-way house' approach in regulatory offence cases.

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Strict Liability Offense

A crime where the prosecution only needs to prove the action caused the harm, not the defendant's intent or knowledge.

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Absolute Liability Offense

A strict liability offense without the defense of due diligence; the accused can't claim they weren't at fault.

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Presumed Innocent

In a criminal case, the defendant is considered innocent until proven guilty.

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Judicial Process

The series of steps taken in a criminal case, from investigation to trial conclusion.

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Criminal Case Trial

Formal proceedings to determine guilt or innocence of a crime.

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Criminal Case

Legal proceedings involving a person accused of committing a crime.

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Absolute Liability Penalty

Generally involves significant fines, but jail time is rare.

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Aiding and Abetting

Helping someone commit a crime, even if the crime differs from the intended one.

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Common Intention

A shared agreement to commit a crime.

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Section 21(2) Withdrawal

Escaping liability by clearly stating and timely abandoning the common intention to commit a crime.

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Accessory After the Fact

Knowing a crime occurred and helping the criminal escape.

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Counselling

Advising or inciting another to commit a crime.

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Mens Rea (counselling)

The required mental state of intent for counselling, traditionally viewed as a direct intention for the crime.

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Section 22 counselling

Counselling involves persuading or encouraging someone to do something and could make you liable for the crime if committed.

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Inchoate offenses

Crimes that are incomplete or not yet fully carried out, such as counselling, attempts, or conspiracy.

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Dangerous Offender

A convicted offender deemed dangerous by the court, sentenced to an indeterminate period of detention.

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Indeterminate Sentence

A prison sentence with no fixed release date, subject to Parole Board review.

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First-Degree Murder Parole Eligibility

25 years of imprisonment before parole eligibility.

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Second-Degree Murder Parole Eligibility

Between 10 and 25 years of imprisonment before parole eligibility.

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Victim surcharge

A mandatory financial penalty imposed on offenders at sentencing, to support victim programs.

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Victim Surcharge Amount

30% of fine or $100 (summary) / $200 (indictable) if no fine, and potentially higher in certain circumstances.

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Restitution

Money an offender is ordered to pay the victim for losses suffered due to the crime.

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Parole Board of Canada

Reviews cases of dangerous offenders after 7 years, and every two years after, to decide parole eligibility

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Duress Defence

A legal defense used to claim an accused person committed a crime due to an immediate threat of death or serious harm.

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Ruzic Case

A Supreme Court of Canada case that overruled restrictions on the duress defence, allowing it to be used even without an immediate threat of death or bodily harm.

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Common Law Defence of Duress

A defence that allows an accused person to avoid criminal liability if they acted under a threat of death or serious harm that would have caused a reasonable person to act in the same way.

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Modified Objective Test

A test used to determine if a safe avenue of escape existed for the accused person during a duress situation.

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Section 17 of the Criminal Code

A section of the Criminal Code that initially restricted the duress defence to threats of immediate death or harm, and excluded certain serious offences.

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Statutory Defence

A defence explicitly written into a law.

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Paquette Case

A Supreme Court of Canada case that clarified section 17 of the Criminal Code only applies to those accused of directly committing the crime, not those who aid or abet.

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Provocation Defence

A legal defence in criminal law where the accused claims they acted on sudden provocation and lost control, reducing responsibility.

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Ordinary Person Requirement

For the provocation defence to apply, the provoking event must be such that an ordinary person would have lost control.

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Cooling Off Period

The provocation defence requires that the accused acted before their passion cooled down. They couldn't have planned it.

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Legal Right to Do

Provocation can't be claimed if the victim was doing something they had a legal right to do.

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Beard Rules (Intoxication)

This set of rules determines how intoxication affects the criminal responsibility of the accused.

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NCRMD (Not Criminally Responsible on account of Mental Disorder)

A legal verdict where the accused's mental disorder at the time of the crime prevents them from being held criminally responsible.

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Specific Intent

Crimes that require the accused to have a specific purpose or intention in mind for the act to be a crime.

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General Intent

Crimes that require the accused to simply have the intention to perform the act, without a specific purpose in mind.

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Study Notes

Regulatory Offences in Canada

  • Regulatory offences are governed by federal, provincial, or territorial legislation, differing from "true crimes" in the Criminal Code.
  • They deal with the enforcement of regulatory schemes overseeing legitimate activities like trade, commerce, advertising, and driving.
  • Regulatory offences often result in financial penalties for failing to meet a standard of reasonable care rather than implying moral culpability.

Historical Context of Regulatory Offences

  • Courts formerly applied absolute liability, requiring only proof of the actus reus, without considering culpability.
  • Nowadays, courts allow defendants to plead due diligence, moving toward a "halfway house" approach that requires proving lack of negligence.
  • This change aims to distinguish between moral culpability (true crimes) and negligence concerning regulatory offences.

Categories of Criminal Offences

  • Mens Rea Offences: The Crown must prove full intent for these offences.
  • Strict Liability Offences: The Crown doesn't need to prove intent though the accused can still raise a defence of due diligence.
  • Absolute Liability Offences: The Crown need not prove intent and the accused cannot use due diligence as a defence.

Factors for Regulatory Liability Assessment

  • The overall structure of the legislation.
  • Nature/subject of the regulatory offence.
  • Penalty severity.
  • Precise wording of the legislation

Courts' Decisions

  • In Wholesale Travel Group Inc. (1989), the court ruled that requiring due diligence did not invalidate the law.
  • Similar rulings avoid classifying regulatory offences as absolute liability cases, usually to preserve the constitutionality of the law in question.
  • The Court clarified that the imposition of absolute liability with the possibility of imprisonment would invalidate the law under the Charter, but it leaves open the question of whether this applies in general to default fines.

The Judicial Process

  • The process starts with the police filing a complaint or investigating.
  • The suspect is either released or detained (with specific rules related to minors), given either an appearance notice or documents concerning the next appearance.
  • The court will decide on bail conditions if the suspect is arrested.

The Role of the Prosecuting Attorney

  • The prosecutor is part of the process and evaluates the police investigation reports.
  • They decide if charges are warranted and what the investigation should focus on..
  • They consider the evidence and public interest in determining what course of action to take (file charges, or not).

Plea Bargains and Settlements

  • Plea bargains (or negotiated settlements) enable flexibility in cases where the accused assesses the evidence and may choose a settlement with the prosecutor or by negotiation.
  • The settlement is always presented to and approved by a judge

Preliminary Inquiry and Trial

  • A preliminary inquiry may be ordered for complex crimes (like murder) to determine if sufficient evidence exists to proceed to trial.
  • Trials are open to the public, and two parties are involved; the prosecution and defence.
  • The prosecution must convince a judge that the accused is guilty "beyond a reasonable doubt."
  • The accused may plead guilty to all, or some of the charges, or may be acquitted.

Sentencing

  • Sentences are decided by a judge and depend on factors like the seriousness of the crime, criminal record, proportionality, and rehabilitation.
  • A judge may impose a fine/combination of fines, or jail/conditional sentencing, or an absolute discharge with or without conditions.

Appeals

  • Any party can appeal the judgment.

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Related Documents

Canadian Regulatory Offences: Strict & Absolute Liability - PDF

Description

This quiz explores the nuances of regulatory offences in Canada, highlighting their differences from true crimes. It covers the historical context, legal definitions, and categories of such offences, along with their implications in terms of liability and penalties. Test your understanding of these important legal concepts.

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