SOC 225 - Criminal Law PDF

Criminal Law Sources of Canadian Criminal Law 1.​ Federal Legislation 2.​ Judicial Decisions Federal Legislation ​ A crime falls within federal jurisdiction if the act is deemed a threat to the public. ○​ Ex: Canadian Environmental Protection Act (CEPA) & Hydro Quebec Feder...

Criminal Law Sources of Canadian Criminal Law 1.​ Federal Legislation 2.​ Judicial Decisions Federal Legislation ​ A crime falls within federal jurisdiction if the act is deemed a threat to the public. ○​ Ex: Canadian Environmental Protection Act (CEPA) & Hydro Quebec Federal Statutes ​ The Criminal Code ​ The Controlled Drug and Substances Act ​ The Youth Criminal Justice Act ​ The Customs and Excise Act Provincial and Territorial Legislation ​ The BNA/Constitution Act of 1867/1982 granted exclusive legislative jurisdiction to provinces and territories in some areas. Provinces/Territories and Quasi-Criminal Offences ​ Can develop laws concerning regulatory offences and quasi-criminal offences. ○​ Offences generally regarded as non-criminal ○​ The penalty is usually a fine ​ Ex: The Dog Owners Liability Act (2005) - Ontario ​ Banning of pit bull breeds Federal Regulatory Legislation ​ Food & Drugs Act ​ Competition Act ​ Fisheries Act ​ Tobacco Act ​ Species at Risk Act ​ Safe Food for Canadians Act Judicial Decisions 1.​ Interpretation of Legislation - judges are tasked with interpreting the law 2.​ Common-law - judges can no longer introduce new common-law crimes, but they can introduce new common-law defences Canadian Charter of Rights and Freedoms ​ Was introduced with the Constitution Act of 1982. ​ Protects the people from the government. ○​ Empowers judges to declare any piece of legislation to be invalid if it infringes on an individual's Charter rights. Henry Morgantaler ​ Abortion was decriminalized in 1969 but had to be approved therapeutic abortion committee. ○​ It was allowed for women who were able to prove that they required an abortion. ​ Henry Morgantaler provided abortions in his clinic and without committee approval.  ○​ His license was taken away but he fought it stating that according to Section 7 of the Charter, it infringed on the women's right to person since many of them did not have access to a hospital and therefore to the therapeutic procedure. ​ He won and got his license reinstated ​ Terrence Parker - Medical Cannabis (2002) ​ Had epilepsy and was prescribed many drugs that effectively did nothing to curb his seizures. ○​ The only thing that helped was cannabis - however, it was illegal at the time. ○​ Took it to the supreme court which ruled in his favour. ​ Polygamy Law (2011) ​ Fundamentalist Mormon - Mr. Blackwood. ○​ Had 24 wives and over 100 children. ​ Was charged with polygamy by the Supreme Court which he fought stating that the polygamy law infringed on his right to religious freedom. ○​ His appeal was denied based on the fact that it could not be justified in a free and democratic society. ​ Courts argued that polygamy always subordinated women. ​ Sex-Trade Work (2013) ​ Advocates argued that the law at the time put sex trade workers at more risk and in harm's way.  ​ Supreme Court ruled that existing prostitution laws within the Criminal Code were invalid based on Section 7 of the Charter, including: ○​ The keeping of a common bawdy house. ○​ Living on the avails of prostitution. ○​ Soliciting on the street. ​ These laws were challenged and the Supreme Court ordered parliament to enact laws within 1 year. ​ Medical Assistance in Death (2016) ​ The law challenged Sections 7, 12 and 15. ​ Medically-Assistance in Death was legalized based on Section 7 (right to life, liberty and security of the person). ​ Sue Rodriguez - suffered from ALS/multiple sclerosis - degenerative disease. ○​ She wanted the right to die a dignified death. Actus Reus & Mens Rea ​ An accused person may not be convicted of a criminal offence unless the prosecution can prove the following beyond a reasonable doubt: ○​ That a particular event or state of affairs was ‘caused’ by the accused person's conduct (actus reus). ○​ That this conduct was simultaneously accompanied by a certain state of mind (mens rea). Actus Reus ​ Has 3 components: ○​ Conduct - voluntary act or omission (central feature of the crime).  ○​ The surrounding material circumstances. ​ Ex: victim consent - if someone agrees to a fight ○​ The consequences of the voluntary act. Actus Reus - Voluntariness ​ Accused conduct must be voluntary. ​ If the conduct was determined to be the consequence of a series of reflex actions beyond the control of the accused, a defence of ‘automatism’ may be raised. ○​ Automatism may be raised if the person committed the act when their consciousness was impaired to such an extent that they did not have control of their actions. ○​ Automatism is rarely used because difficult to prove - because the burden of proof is on the accused to prove the defence. ​ Kenneth Parks (1987) ​ Known to be a sleepwalker. ​ Murdered his mother-in-law and attempted to murder his father-in-law. ○​ Claimed that he had been sleepwalking during the crime, and presented the defence of automatism. Actus Reus - Act of Omission & Failure to Provide the Necessaries of Life ​ Omission only applies if the accused had a pre-existing legal duty to act. ○​ Ex: duty to rescue applies to a situation where the accused is a parent, spouse, or in some other relationship such as a correctional guard prisoner - they are legally obliged to protect them. ​ Exceptions - Indigenous medicine  ○​ It has been practiced for years and is an Indigenous right that cannot be taken away. David & Collet Stephen - 2016 ​ Found guilty of ‘failing to provide the necessaries of life’ to their 19-month-old son Ezekiel. ​ The couple testified that they had been treating him with natural means before he died. Actus Reus - Consequences ​ Careless driving is regulated by provincial law. ​ Dangerous Operation of Motor Vehicle (Max: 5 years) ​ Dangerous Operation of Motor Vehicle Causing Bodily Harm (Max: 10 years) ​ Dangerous Operation of Motor Vehicle Causing Death (Max: 14 years) Actus Reus - Applied Exceptions ​ Consequences ○​ Perjury: guilty whether or not anyone believes him/her ​ Conduct ○​ Cannot be in ‘care or control’ (not just driving) of a vehicle while impaired ​ Ex: Pilot arrives drunk and passes out at the plane's controls but- he was arrested because he was still impaired while in care and control of a vehicle. Mens Rea ​ Only required for serious crimes. ​ Refers to all the mental elements that the Crown must prove in order to obtain a conviction for a criminal offence. ​ Subjective mens rea - you have to prove the person absolutely intended to commit the crime. ​ Objective mens rea - is predicated on the principle that the accused person should be convicted if reasonable people, in the same situation, would have appreciated that their conduct created a risk of causing harm, and would have taken action to avoid doing so. Defence to a Criminal Charge ​ A patchwork of defences ensures that those who have a justification or excuse for their conduct are either acquitted or treated more leniently. Mistake of Fact ​ The accused made an honest mistake that resulted in a crime. ​ Ignorance of the law is not a mistake of fact. ○​ However, the government is responsible for making the public aware of the enactment of a new law. ​ Ex: Non-consensual trafficking in intimate images as a criminal offence - EPS awareness campaign 2015. ​ Duress ​ Where the accused is found to have been forced or compelled by someone else to commit a criminal act.  ○​ Does not apply to cases of murder, sexual assault or other serious offences. ​ Ex: Ruzic Case (1985) - she was acquitted of trafficking drugs ​ Intoxication ​ May or may not be raised as a valid defence by those who claim that substances impaired their ability to control their conduct. ○​ However involuntary intoxication (ex: through force) is a valid defence. ​ Ex: somebody laces your drink ​ Not Criminally Responsible on Account of Mental Disorder (NCR-MD) ​ One has to be able to appreciate the quality and nature of an act of omission or know it was wrong. ○​ A mental disorder means that the accused lacks the capacity to appreciate the nature of the act being committed. ​ Someone deemed NCR may be granted: ○​ An absolute discharge ○​ A conditional discharge ○​ An order holding them in custody in a psychiatric facility ​ ​ ​ ​ Psychosis ​ Involves the experience of 'losing contact with reality’. ​ Experienced by