Sources of Canadian Criminal Law
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Questions and Answers

Which of the following acts is an example of federal legislation that falls under the category of criminal law?

  • The Dog Owners Liability Act (2005)
  • The Customs and Excise Act (correct)
  • The Species at Risk Act
  • The Competition Act
  • Which of the following is NOT a source of Canadian criminal law?

  • Provincial and Territorial Legislation
  • International Laws (correct)
  • Federal Legislation
  • Common Law
  • What is the primary basis for the provinces and territories having their own legislative jurisdiction in certain areas, including the ability to develop quasi-criminal offences?

  • The Youth Criminal Justice Act
  • The Canadian Charter of Rights and Freedoms
  • The Criminal Code
  • The BNA/Constitution Act of 1867/1982 (correct)
  • Which of the following statements regarding the role of judges in Canadian criminal law is accurate?

    <p>Judges can interpret existing legislation and can only create new common law defences. (C)</p> Signup and view all the answers

    Which of the following is a key distinction between criminal law and the quasi-criminal offences developed by provinces and territories?

    <p>The penalties for quasi-criminal offences are typically less severe than those for criminal offences. (C)</p> Signup and view all the answers

    How did the Henry Morgantaler case relate to the Canadian Charter of Rights and Freedoms?

    <p>Morgantaler argued that the laws regarding abortion were unconstitutional under Section 7 of the Charter. (C)</p> Signup and view all the answers

    What was the primary legal challenge Terrence Parker faced in his case related to medical cannabis?

    <p>The laws regarding medical cannabis at the time were too restrictive and did not allow for Parker's specific needs. (A)</p> Signup and view all the answers

    Which of the following is an example of common law in Canadian criminal law?

    <p>The Defence of Necessity (D)</p> Signup and view all the answers

    What is the main reason why the Supreme Court denied Mr. Blackwood's appeal for polygamy?

    <p>Polygamy was deemed incompatible with a free and democratic society. (B)</p> Signup and view all the answers

    Which of the following is NOT considered a component of actus reus?

    <p>The accused's mental state (D)</p> Signup and view all the answers

    In the case of the Sex-Trade Work (2013), what did the Supreme Court rule about the existing prostitution laws?

    <p>They were declared unconstitutional due to their violation of Charter rights. (C)</p> Signup and view all the answers

    What is the defense of 'automatism' related to?

    <p>Actus Reus. (A)</p> Signup and view all the answers

    Which of the following situations would NOT be considered a surrounding material circumstance in actus reus?

    <p>The accused's motive. (C)</p> Signup and view all the answers

    What was the main legal argument used by Mr. Blackwood in his polygamy case?

    <p>He argued that polygamy was part of his religious freedom and should not be prohibited. (B)</p> Signup and view all the answers

    Which of the following is NOT a key element that the prosecution must prove beyond a reasonable doubt in a criminal trial?

    <p>The accused's identity. (A)</p> Signup and view all the answers

    The Supreme Court's decision in the Medical Assistance in Death (2016) case was largely based on which Charter section?

    <p>Section 7. (A)</p> Signup and view all the answers

    What is the key principle behind objective mens rea?

    <p>A reasonable person in the same situation would have recognized the risk of harm and taken steps to avoid it. (D)</p> Signup and view all the answers

    Which of the following defenses would be most likely to succeed in a case involving a minor drug offense?

    <p>Mistake of Fact (C)</p> Signup and view all the answers

    What is the main difference between voluntary and involuntary intoxication as a defense?

    <p>Involuntary intoxication is more likely to be successful as a defense because the accused acted without choice. (D)</p> Signup and view all the answers

    Which of the following is NOT a valid defense to a criminal charge?

    <p>Mistake of Law (B)</p> Signup and view all the answers

    What is the primary focus of the NCR-MD defense?

    <p>Whether the accused was capable of understanding the nature of their actions. (C)</p> Signup and view all the answers

    Under the NCR-MD defense, what are the potential outcomes for an accused person?

    <p>They will be held in a psychiatric facility subject to certain conditions. (A)</p> Signup and view all the answers

    Which scenario BEST describes the situation where the defense of duress might be applied?

    <p>A person is coerced into stealing a car at gunpoint. (D)</p> Signup and view all the answers

    What is meant by the term 'psychosis' in the context of the NCR-MD defense?

    <p>A severe mental disorder that can cause delusions and hallucinations. (D)</p> Signup and view all the answers

    In the Kenneth Parks case, what defense did Parks use to defend against murder charges?

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

    What is a key requirement for the actus reus of failing to provide the necessaries of life?

    <p>The accused must have a legal duty to protect the victim. (A)</p> Signup and view all the answers

    According to the provided text, what type of mens rea is required for serious crimes?

    <p>Subjective mens rea (C)</p> Signup and view all the answers

    What is the legal term used for the act of being in control of a vehicle while impaired, even if you are not actively driving?

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

    Which of the following scenarios would NOT be an example of a legal duty to act?

    <p>A witness to a crime failing to alert authorities. (B)</p> Signup and view all the answers

    What is the maximum sentence for dangerous operation of a motor vehicle causing bodily harm?

    <p>10 years (A)</p> Signup and view all the answers

    What are the two main components of actus reus?

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

    Flashcards

    Cannabis Ruling

    Supreme Court ruled in favor of cannabis use due to its necessity for the plaintiff's health.

    Polygamy Law

    Supreme Court denied appeal claiming polygamy violates democratic principles and subordinates women.

    Sex-Trade Work Ruling

    Supreme Court invalidated prostitution laws that endangered sex workers based on Section 7 of the Charter.

    Medical Assistance in Death

    Legalized medically-assisted dying based on rights to life, liberty, and security of the person.

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    Actus Reus

    The physical act or omission causing a criminal event that must be proven in court.

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    Mens Rea

    The mental state or intention accompanying a criminal act that must be proven in court.

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    Components of Actus Reus

    Actus reus includes conduct, surrounding circumstances, and consequences of the act.

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    Voluntariness in Actus Reus

    Accused conduct must be voluntary; automatism may be a defense if conduct is involuntary.

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    Automatism

    A defense claiming lack of control due to impaired consciousness.

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    Burden of Proof

    The obligation to prove one's defense lies on the accused in automatism cases.

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    Omission

    A failure to act where there is a legal duty to do so; can lead to liability.

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    Duty to Rescue

    Legal obligation to act and help those in certain relationships, like family.

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    Consequences of Acts

    Outcomes of actions, like dangerous driving, leading to severe penalties.

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    Subjective Mens Rea

    Proving the accused intended to commit the crime; requires demonstrating intent.

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    Perjury

    The act of lying under oath; guilt lies regardless of belief in the statement.

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    Federal Legislation

    Laws enacted by the federal government that address crimes threatening public safety.

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    Criminal Code

    The primary federal statute in Canada defining criminal offenses and punishments.

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    Quasi-Criminal Offences

    Offences that are not considered criminal but have penalties like fines.

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    Canadian Charter of Rights and Freedoms

    Part of the Constitution Act, protecting individual rights from government infringement.

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    Judicial Interpretation

    The process by which judges explain and apply laws in court cases.

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    Common-Law Defences

    Legal arguments based on traditions that can be used in court to defend against charges.

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    Environmental Protection Act

    Federal legislation that addresses environmental threats and pollution in Canada.

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    Therapeutic Abortion Committee

    A group that had to approve abortions in Canada before certain legal changes.

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    Mistake of Fact

    A defense where the accused made an honest mistake that led to a crime; not ignorance of the law.

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    Duress

    A situation where the accused was forced to commit a crime by someone else; not applicable for severe crimes like murder.

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    Intoxication

    A potential defense for individuals who claim substance use impaired their control; involuntary intoxication is valid.

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    Not Criminally Responsible (NCR)

    A status for individuals who cannot appreciate the nature of their actions due to a mental disorder.

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    Psychosis

    A mental condition where a person loses contact with reality, affecting their awareness of actions.

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    Criminal Defenses

    Arguments or excuses used to avoid conviction in criminal cases, such as duress or mistake of fact.

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    Government Responsibility

    Obligation to inform the public about new laws to ensure awareness and compliance.

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    Study Notes

    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.

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    SOC 225 - Criminal Law PDF

    Description

    Explore the fundamental aspects of Canadian criminal law, including its federal and provincial sources. This quiz covers key statutes such as the Criminal Code and various regulations that impact public safety. Test your knowledge on how these laws shape the legal landscape in Canada.

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