Chapter 2

Question 1

Explain substantive criminal law

Answer 1

Written laws that define specific behaviours as crimes. Based on common values of what is right and wrong. Laws are enacted by Parliament, but can be influenced by judicial interpretation. Always changing with new laws and new interpretations

Question 2

Explain procedural criminal law

Answer 2

Procedures for the processing of cases through criminal justice system, “principles of fundamental justice.” Empowers actions of criminal justice agencies. Safeguards rights of accused and convicted individuals. Focus on legal guilt of the offender rather than the factual guilt.

Question 3

Explain criminal liability

Answer 3

A set of principles that allow for the determination of criminal guilt and the imposition of punishment.

Question 4

What are the elements of crime?

Answer 4

A crime is an action…

1. that is harmful
2. that is prohibited by the criminal law
3. that can be prosecuted by the state in a formal court environment, for which punishment can be imposed.

Question 5

What is the legal definition of a crime?

Answer 5

Corpus delecti; “the body of the crime.”

Question 6

What are the elements that must be proven for a conviction?

Answer 6

1. Legality
2. Mens rea
3. Actus reus
4. Concurrence of mens rea and actus reus
5. Harm
6. Causation
7. Punishment

Question 7

What are the levels of culpability?

Answer 7

Purposeful: An individual did it on purpose
Knowledge: an individual is committing an act or causing a harm but they’re not acting for that purpose.
Recklessness: An individual is consciously creating a risk or causing a criminal harm

Question 8

What is actus reus?

Answer 8

Assumption that the actor alone is responsible for his or her actions. Could include acts of commission or omission.

Question 9

What is harm?

Answer 9

A criminal statute is unconstitutional if it bears no reasonable relationship to the matter of injury to the public. Raises the issue of victimless crimes

Question 10

What is causation?

Answer 10

Conduct of the accused produced a crime. Issues with time

Question 11

What is punishment?

Answer 11

Law must state the sanctions for every crime in order for people to know possible consequences of criminal actions

Question 12

What are the elements of criminal liability?

Answer 12

Harm, causation and punishment

Question 13

What are legal defences of excuse?

Answer 13

Age
Mental disorder
Automatism
Mistake of Fact
Mistake of Law

Question 14

What is automatism?

Answer 14

Unconscious or involuntary behaviour.

Question 15

What are the legal defences of justification?

Answer 15

Duress
Necessity
Self-defence
Provocation
Entrapment

Question 16

Explain duress

Answer 16

Crime committed because threat of imminent death or bodily harm or no realistic alternative action

Question 17

Explain necessity

Answer 17

Crime committed because danger caused by forces of nature or human conduct other than threats of harm

Question 18

Explain self defence as a legal defence of justification

Answer 18

Use of force against another person to defend self, others or property is justified. R v Lavallee is an important case, battered woman syndrome

Question 19

Explain provocation as a legal defence of justification

Answer 19

Wrongful act or insult that deprives an ordinary person of self control

Question 20

Explain entrapment as a legal defence of justification

Answer 20

If an agent deceives a person into committing a crime, provides an opportunity to commit a crime, or induces a person to commit a crime.

Question 21

What are the written sources of criminal law?

Answer 21

Common law
Statute law
Case law
Administrative regulations
Constitution

Question 22

Common law

Answer 22

laws that are applicable to all, regardless of local customs. Stare decisis: decisions based on precedent.

Question 23

Statute law

Answer 23

Laws that prohibit or mandate certain acts. ex the criminal code

Question 24

Case law

Answer 24

Judicial application and interpretation of law based on facts of case

Question 25

Administrative Regulations

Answer 25

Rules in areas like environment or competition. Regulatory offences can have criminal penalties.

Question 26

Constitution

Answer 26

Supreme law in Canada. Laws must not infringe on fundamental rights.

Question 27

What are the different classifications of criminal law?

Answer 27

Summary, hybrid and indictable

Question 28

Explain summary offences

Answer 28

offences that are only prosecutable by summary conviction. Generally punishable by a period of incarceration not exceeding 6 months and a max fine of $2,000

Question 29

Expain hybrid offences

Answer 29

Allow the prosecutors the discretion to decide whether they wish to proceed with a case as a summary conviction or an indictable offence. The decision is based on factors like the previous record of the offender and any mitigating factors associated with the crime.

Question 30

What are the three types of indictable offences?

Answer 30

Absolute jurisdiction indictable offences, supreme court exclusive indictable offences, and election indictable offences

Question 31

Explain absolute jurisdiction indictable offences

Answer 31

the accused has to be tried by a provincial court judge

Question 32

Explain Supreme court exclusive indictable offences

Answer 32

these crimes must be tried by a federally appointed judge and a jury in a provincial superior court.

Question 33

Explain the federal conservatives “tough on crime” approach in terms of Canadian criminal law reform

Answer 33

enacted the Tackling Violent Crime Act (2007), Truth and Sentencing Act (2010 and the Safe Streets and Communities Act (2012). The purpose of these reforms was to hold criminals fully accountable for their actions, and that the safety and security of law abiding canadians and victims comes first in Canadian justice system

Question 34

Explain the Ontario Safe Streets Act (1999)

Answer 34

Criminalized some behaviour that was viewed as disorderly. This concern emerged with the publication of the “broken window theory,” which led to provinces and cities passing legislation to control behaviour believed to contribute to disorder. Attempts to control soliciting and acts of aggression.

Question 35

What acts are prohibited under the Safe Streets Act?

Answer 35

Aggressive soliciting:
- threatening a person with physical harm
- obstructing the path of a person who is being solicited
- using abusive language during or after solicitation
- continuing to solicit a person in a persistent manner after the person has said they dont want to give any money.
Soliciting to a captive audience
- near a pay phone or washroom
- near a bank teller machine
- on public transit
- in a parking lot