Youth Justice and Criminal Law in Canada

Youth Justice

• The Youth Criminal Justice Act (YCJA) governs youth aged 12-17 in Canada
• Focuses on rehabilitation and reintegration to prevent re-offending
• Includes special provisions, such as unique sentencing rules, and privacy rights
• Diversions are preferred over court trials for extrajudicial measures

Criminal Code of Canada & Court Process

• The Criminal Code of Canada was enacted in 1892 and applies nationally
• Key players include the Crown Prosecutor (representing the government)
• Defense Counsel (representing the accused)
• A Judge or Jury, responsible for the verdict and sentence
• Key stages: Arrest, bail hearing, trial, and sentencing

Criminal Law Parties

• The accused/defendant is the individual charged with a crime
• The Crown Prosecutor brings the charges on behalf of the government
• The judge/jury makes decisions regarding guilt and sentencing
• Victims/witnesses provide testimony or evidence

Sources of Criminal Law

• Criminal law is rooted in legislation, case precedents/ judicial rulings, and the Constitution (Charter of Rights and Freedoms)

Elements of a Criminal Offence

• Actus Reus: The physical act of the crime
• Mens Rea: The mental state or intent
• Concurrence: Actus Reus and Mens Rea must overlap in time
• Causation: the act must cause the crime

Consumer Protection Legislation

• Competition Act: Governs price-fixing, fraud, and false advertising
• PIPEDA: Regulates personal data handling
• Provincial Acts (e.g., Ontario Consumer Protection Act) vary

Challenging Tribunal Decisions

• Appeals can be made to higher courts
• Judicial Review: Courts assess legality and fairness of tribunal decisions

Administrative Tribunals

• Examples exist at both provincial and federal levels
• Examples including the Ontario Human Rights tribunal, Landlord & Tenant Boards, Immigration and Refugee Board, and the Canadian Human Rights Tribunal

Real Estate Transactions

• Common real estate transactions include Sale, Lease, and Mortgage
• Ownership forms: Fee Simple (full ownership)
• Joint Tenancy (shared ownership with survivorship rights)
• Tenancy in Common (shared ownership without survivorship rights)

Marriage & Divorce

• Legal marriage entails consent, capacity, age, and absence of close relation
• Grounds for divorce include separation for a year, adultery, or cruelty

Business Structures

• Sole Proprietorship: Full control but unlimited liability
• Partnership: Shared responsibilities but joint liability
• Corporation: Limited liability and perpetual existence, but complex setup and double taxation

Torts

• Negligence: Failure to act reasonably
• Assault/Battery: Threats or physical harm

Contracts

• Contract elements include offer, acceptance, consideration, capacity, and mutual agreement
• Breach of contract is the failure to meet contractual obligations

Criminal Offences

• Offences can be categorized as summary (minor), indictable (serious), or hybrid (can be either)

NCR and Gladue Courts

• NCR stands for "Not Criminally Responsible" (mental health issues)
• Gladue Courts specialize in Indigenous offenders, focusing on restorative justice

Intellectual Property

• Copyright protects original works (e.g., music, writing)
• Trademark protects brand names and logos
• Patent protects inventions

Mitigating vs. Aggravating Circumstances

• Mitigating circumstances reduce the severity of an offence (e.g., first offence)
• Aggravating circumstances increase the severity (e.g., premeditation)

Standard of Proof

• Criminal Law: Beyond a reasonable doubt
• Civil Law: Balance of probabilities.

Common Law Marriage

• Responsibilities of common law marriage include support, property sharing, and spousal rights (inheritance/tax)