Concepts Flashcards
When was the death Penalty stopped in canada
1976
What is Criminal Law
A violation in the criminal code of canada
What are the 3 categories crimes are classified as in canada
Summary, Hybrid and Indictable offences
what is the max penalty of theft over 5,000
6 months in jail
What can a jury only do in canada
Prove Guilt
What is an Indictable offence
A very serious crime
What are the punishments of an editable offence
Life in Jail
probation
criminal reccord
what choice dose the accused have in court who committed an indictable offence
option to be tried infant of a provincial court or superior court with or without a jury
What is a regulatory offence
enforcement regulatory charges. (Violations)
What is the Quimsi Quri law
both regulatory offences that fall under the province and federal government.
what is a regulatory offence
the breach of rules and regulations (highway traffic act)
What is a Hybrid Offence
an offence that can be prosecuted either as a summary conviction offence or an indictable offence
What is a summery offence
is a less serious criminal offence
What is the Actus Reus
the “guilty act” or the physical component of a criminal offence
What is Mens Rea
the “guilty mind” or the mental state of the accused at the time of committing a crime
What are the 3 components of the Acts Reus
Conduct
Circumstances
Consequences
What is the necessities of life
Caregivers in Canada are responsible for providing the necessities of life, which include:
Food
Medical care
shelter
clothing
What is the Okes Test
A test used to see if a new law limits the constitution
Can a minor be tried as an adult for heinous acts
yes
Can a province enact criminal laws of its own
No, only the federal government can enact new criminal laws
What is an example of an offence where proof of consequences is not part of the actus reus requirements, and the Crown does not have to prove any conduct on the part of the accused person?
The crime of perjury (s. 131(1)) is an example where proof of consequences is not required for the actus reus, and the Crown does not need to prove any specific conduct by the accused.
If you are driving impaired and speeding in Ontario, Canada, what types of offences are you committing?
Impaired driving is a hybrid offence under the Criminal Code of Canada, or an indictable offence ( depending on how serious)
A regulatory offence under provincial Highway Traffic Acts of Ontario Statue
