Sources of Canadian Criminal Law

Sources of Canadian Criminal Law

• Criminal law is derived from federal legislation and judicial decisions.
• Federal jurisdiction applies to crimes deemed threats to public safety.
  • Examples include violations of the Canadian Environmental Protection Act (CEPA) and Hydro-Quebec regulations.
• Federal statutes are key sources, including:
  • The Criminal Code
  • The Controlled Substances and Drug Act
  • The Youth Criminal Justice Act
  • The Customs and Excise Act
• Provincial/territorial jurisdictions have exclusive legislative authority for some areas.
• Provinces/territories create laws for regulatory and quasi-criminal offences.
  • These are offenses often resulting in fines.
  • Examples include the Dog Owners Liability Act (2005) in Ontario and the banning of pit bull breeds.

Federal Regulatory Legislation

• Federal regulations cover various areas.
  • Food & Drugs Act
  • Competition Act
  • Fisheries Act
  • Tobacco Act
  • Species at Risk Act
  • Safe Food for Canadians Act

Judicial Decisions

• Judges interpret legislation and develop common law.
• Judges create justifiable defences.
• Judges can no longer develop new common law crimes.

Canadian Charter of Rights and Freedoms

• Implemented in 1982 via the Constitution Act.
• This protects individuals from government overreach.
• Judges can invalidate legislation violating Charter rights.
• This involves an individual's Charter rights.

Henry Morgantaler Case

• The 1969 decriminalization of abortion needed committee approval.
• Women needing abortions provided documentation that requirements were met.
• Demonstrating clinical abortions without committee approval.

Terrence Parker - Medical Cannabis (2002)

• Parker had epilepsy.
• He used cannabis to treat seizures legally.
• He took his case to the Supreme Court and won.

Polygamy Law (2011)

• Mr. Blackwood, a Fundamentalist Mormon, was charged with polygamy.
• His argument centered on religious freedom.
• The courts upheld the polygamy law as applicable in a free and democratic society.

Sex-Trade Work (2013)

• Cases highlighted the increased risk faced by sex trade workers.
• This relates to laws concerning sex trade work.

Prostitution Laws - Supreme Court (2002)

• Laws on prostitution were deemed invalid based on Section 7 of the Charter.
• Sections include keeping a bawdy house, living off the avails, soliciting on the street.
• Parliament was tasked with enacting new laws within a year of the court's decision

Medical Assistance in Death (2016)

• Case involved challenges to sections 7, 12, and 15 of the Charter.
• The legality of physician-assisted death was established based on the right to life, liberty, and security.
• Sue Rodriguez illustrated the situation well in this case.

Actus Reus & Mens Rea

• To convict, proving intent and the act are needed.

Actus Reus–Voluntariness

• The accused's actions must be voluntary.
• Automatism may be a valid defence.

Kenneth Parks (1987)

• Sleepwalking accused argued automatism.
• Murder charges were reduced.

Act of Omission & Failure to Provide Necessaries

• Omission-based criminal charges require a pre-existing duty.
• Examples include parent/child or other legal relations.

David & Collet Stephen (2016)

• Found guilty of neglecting their child.
• The neglect of child's life was their violation.
• They used natural means for treatment before the child died.

Actus Reus–Consequences

• Careless driving, as well as some other regulated behaviour, applies in similar cases.

Perjury

• The accused's truthfulness under oath is in question.

Mens Rea

• The mental element, relevant for serious crimes, proves the accused's intention.
• Crimes require subjective or objective intent
• Subjective = proving accused intended to commit crime
• Objective = demonstrating reasonable person would have taken action to prevent harm

Defence to a Criminal Charge

• Defences can mitigate criminal charges.
• Examples include mistakes of fact and duress

Mistake of Fact

• Honest mistakes can be valid defenses.
• Ignorance of the law is generally not considered a mistake of fact.
• Government takes responsibility for informing the public of new laws

Duress

• Committing crime under force by others is a defence.

Intoxication

• Voluntary intoxication is rarely a valid defence.
• Involuntary intoxication (e.g. forced intoxication) may be a valid defence.

Not Criminally Responsible on Account of Mental Disorder (NCR-MD)

• Individuals can be deemed not criminally responsible for an offence
• Mental disorder is shown to have effected their ability to appreciate their actions.
• Possible results for someone found NCR include absolute or conditional discharge, or psychiatric facility custody.

Psychosis

• A symptom of mental disorder involving loss of contact with reality.
• Affects a small portion of the population.
• Disorders like schizophrenia and bipolar disorder are examples.

Delusions

• Persecutory and grandiose beliefs are among the types of delusions.

Hallucinations

• Any of the senses can be affected, with auditory hallucinations the most common.