Ch. 5 - Structure of Criminal Law Flashcards
What is substantiative criminal law?
Laws that prohibit undesirable conduct and that prescribes punishment for specific offences.
What is procedural criminal law?
Law that provides direction on how to proceed within the criminal justice system.
What type(s) of law does the criminal code include?
Both substantiative and procedural criminal law.
What are the sources of criminal law?
The Constitution Act, statute law, and common (case) law.
Other than the constitution act, what did the Charter introduce?
The fundamental principles that govern the enactment of law and the application of law by the courts.
Which tier of government has the ability to enact criminal law?
The federal government.
What are the provinces and territories responsible for?
Running the court system and enacting police acts for their own administration.
Which document has the highest authority in criminal law?
The Charter.
What is statute law?
AKA legislative law; these codified laws prohibit or mandate certain acts.
What is common law?
AKA case law or judicial precedent; refers to previously decided cases or precedents.
What is stare decisis?
“To stand by what has already been decided”
What is rule of law?
A legal maxim that ensures that laws are created administered and enforced on the basis of acceptable procedures that promote fairness and equality.
What are 5 ideals for laws and their creation?
Laws should be: - proactive - stable - have clear procedures for creation. There should be: - independence of the judiciary - an observation of the principles of natural justice.
What are the categories of crime?
Summary, indictable, and hybrid.
What are summary offences?
Less serious crimes.
What are summary offences punishable by?
A maximum incarceration of 6 months and a fine of no more than $5000.
What are indictable offences?
More serious crimes.
What are indictable offences punishable by?
The penalties vary widely, but the max sentence is life.
What are hybrid/mixed offences?
The middle ground between summary and indictable. The crown makes the decision for how to proceed with charges.
What are the elements of crime?
Factors that the crown must prove in order to convict: mens rea and actus reus.
What is actus reus?
“Guilty act;” refers to the act itself, which must be voluntary for someone to be culpable.
What is mens rea?
“Guilty mind;” the intention behind the act. Determines the difference between an accident and a crime.
What are two ways that crime may be classified? (Latin)
Mala in se and mala prohibita
What is mala in se?
“Wrong in themselves”
What is mala prohibita?
“Wrong because they are prohibited by law”
What are some examples of the separate devisions of provincial court?
Small claims, family, youth, traffic, criminal, etc.
What are the two broad types of courts countrywide?
Fixed and circuit.
Where are circuit courts found?
In northern, more remote communities.
What percentage of criminal trials are held in criminal courts?
About 90%.
Who are provincial judges appointed and paid by?
The provincial government.
Where are juries used?
In superior court, NOT provincial court.
What is superior court?
The supreme court of the provinces.
What does the superior court handle?
The most serious criminal (indictable) offences.
Who are superior judges appointed and paid by?
The federal government.
When are juries used in superior court?
It depends on the seriousness of the crime.
Which province/territory does not have this two-tier system of provincial court system?
Nunavut.
What is the provincial court of appeals?
A court that hears appeals form either provincial or superior court.
What does federal court deal with?
Legal matters between individuals and the federal government/agencies.
What is the supreme court of Canada?
The highest legal authority in the country.
What does the supreme court of Canada hear?
Appeals for between 70 and 90 of the most serious cases each year.
What does the supreme court of Canada consist of?
9 judges.
Other than review lower courts’ decisions, what does the supreme court of Canada do?
The federal government may ask them to review and rule on a matter of constitutional importance.
What is it called when the supreme court reviews and rules on a matter of constitutional importance?
Making a reference.
What are 2 ideals for the courts?
Courts should have the power of judicial review, and they should be accessible to the public.
What is an ideal for law enforcement?
Law enforcement should be exercised in accordance with fixed and predetermined rules.
