Chapter 3

Question 1

Criminal law includes (4)

Answer 1

1. definitions of crimes
2. specification of punishments
3. general principles of criminal responsibility
4. defences to a criminal charge

Question 2

What did the constitution act of 1867 give parliament?

Answer 2

the exclusive jurisdiction over criminal law and procedures

Question 3

Criminal code of Canada

Answer 3

• passed in 1892
• defines criminal acts and legal elements
• specifies criminal procedure
• differentiates between indictable, hybrid and summary offences

Question 4

Constitution Act

Answer 4

provinces have jurisdiction to enact legislation over health, education, highways, liquor control, hunting and fishing

Question 5

Regulatory legislation (3)

Answer 5

• does not constitute criminal law because it does not address a public evil
• is concerned with orderly regulation of legitimate activities
• not about “true crimes”

Question 6

Common law in Canada

Answer 6

In Canada, judges cannot create new common-law crimes

However, they develop common-law defences that are not dealt with by legislation

Question 7

What impact does the charter of rights and freedoms have?

Answer 7

Can declare legislation invalid if it infringes on an individual’s rights

Question 8

3 components of actus reus

Answer 8

1. conduct (voluntary)
2. “material” circumstances
3. consequences

Question 9

Actus reus: exceptions

Answer 9

• perjury

- failure to act- only if they were under a pre-existing duty to act

Question 10

Objective mens rea

Answer 10

a person should be convicted because a reasonable person would have appreciated that his/her conduct created a risk of harm and would have taken action to avoid this

Question 11

Strict liability (4)

Answer 11

• Most regulatory offences are strict liability
• Onus is on accused to show he was not negligent
• Accused assumed to know the regulations
• Penalties are lenient

Question 12

Absolute liability (2)

Answer 12

• most offences used to have this

- Leaving no opportunity for the accused to argue that he did everything possible to comply

Question 13

Inchoate crime

Answer 13

when a person attempts to bring about a crime but is unsuccessful in doing so

Question 14

Three types of inchoate offences in the criminal code

Answer 14

1. criminal attempt
2. conspiracy
3. counselling

Question 15

A NCRMD accused may be

Answer 15

1. absolute discharge
2. conditional discharge
3. an order holding them custody in a psychiatric facility

Question 16

Provocation

Answer 16

Partial defence, only applicable to murder

Question 17

Intoxication

Answer 17

Only used to show there was no mens rea

Question 18

Self-defence

Answer 18

Accused must show:

• Was unlawfully assaulted and did not provoke the attack
• Used force in self-defence
• Did not intend to inflict death or grievous bodily harm
• Used force that was no more than necessary to defend oneself