Crim Code- Lecture 2

Question 1

what is the criminal code

Answer 1

• peace of legislation (statute)
• an act respecting the criminal law

Question 2

what does the criminal code govern

Answer 2

criminal offences across Canada

Question 3

what does the CC primarily set out

Answer 3

• substantive provisions
• procedural provisions

Question 4

what are substantive provisions

Answer 4

• criminal offences
• defences
• (body of law concerned with rights and obligations)

Question 5

body of law concerning with rights and obligations

Answer 5

substantive provisions

Question 6

what are procedural provisions

Answer 6

how to enforce and defend substantive provisions

Question 8

how to enforce and defend substantive provisions

Answer 8

procedural provisions

Question 9

what is a criminal offence

Answer 9

a crime

Question 10

what is a criminal defence

Answer 10

the response to the criminal offence

Question 11

external circumstances refers to what

Answer 11

actus reus

Question 12

mental element refers to what

Answer 12

mens rea

Question 13

what does commentary overview in the annotated CC

Answer 13

not the law but the discussion of the law by the authors of the annotated version

Question 14

describe “parts” in the annotated CC

Answer 14

CC is divided into parts by theme

Question 15

describe “sections” in the annotated CC

Answer 15

• this is the actual law
• (will be bolded)
• divided into subsections, clauses, and subclauses

Question 16

describe “case law” in the annotated CC

Answer 16

outlines important cases relevant to that section, often grouped by theme

Question 17

describe “related provisions” in the annotated CC

Answer 17

outlines the other sections of the CC that are related to this section

Question 18

what outlines the other sections of the CC that are related to this section

Answer 18

related provisions

Question 19

what outlines important cases relevant to that section

Answer 19

case law

Question 20

what is the discussion of the law by the authors of the annotated version

Answer 20

commentary

Question 21

what are four crimes against persons

Answer 21

• rape
• assault
• murder
• defamation

Question 22

crimes against persons

Answer 22

those that are committed against individuals

Question 23

crimes against property

Answer 23

those that involve the theft or damage of property

Question 24

what are four examples of crimes against property

Answer 24

• theft
• robbery
• fraud
• embezzlement

Question 25

crimes against society

Answer 25

those that threaten the safety and security of the community as a whole

Question 26

give four examples of crimes against society

Answer 26

- terrorism - drug offenses - weapons offenses - crimes against the state

Question 27

those that are committed against individuals

Answer 27

crimes against persons

Question 28

those that involve the theft or damage of property

Answer 28

crimes against property

Question 29

those that threaten the safety and security of the community as a whole

Answer 29

crimes against society

Question 30

what are the types of sections

Answer 30

- general sections (definitions, setting framework, other relevant info) - sections that create offences - that set out punishment - that create defences - that outline processes

Question 31

is commentary law

Answer 31

no

Question 32

what is usually found immediately after the section in the annotated CC

Answer 32

commentary

Question 33

what does commentary do if the section is an "offence" section

Answer 33

outline actus reus and mens rea

Question 34

is case law in the CC

Answer 34

no, only the annotated one

Question 35

what helps to guide on evidentiary and/or legal issues related to the interpretation of the section

Answer 35

case law

Question 36

can you find other legislation like the charter or CEA in the annotated CC

Answer 36

yes

Question 37

can you find forms of charges in the annotated CC

Answer 37

yes

Question 38

what is general intent

Answer 38

i intended to do the action

Question 39

what is specific intent

Answer 39

i intended to cause the specific harm with the action

Question 40

yes

Answer 40

can you find forms of charges in the annotated CC

Question 41

i intended to do the action

Answer 41

what is general intent

Question 42

what can be found in s1 of CC

Answer 42

short title

Question 43

what can be found in s2 of CC

Answer 43

definitions

Question 44

what can be found in s4 (3)

Answer 44

possession "shall be deemed"

Question 45

what can be found in s7 of CC

Answer 45

the exceptions to s6(2)- offences outside canada

Question 46

what can be found in s7(3.7)

Answer 46

Juristiction issues outside canada

Question 47

what can be found in s8(3) of CC

Answer 47

common law defences

Question 48

what can be found in s9 of CC

Answer 48

criminal offences under law of canada - can only be convicted of an offence under the Code or other statute

Question 49

what is contempt

Answer 49

- criminal when public defiance of the court order to bring administration of justice into disrepute or behaviour intended to disrupt, hinder or delay crt process

Question 50

what can be found in s11 of CC

Answer 50

civil remedies not suspended/affected

Question 51

what can be found in s12 of CC

Answer 51

offence punishable under ore than one act - rule against multiple convictions - res judicata and stay of proceedings

Question 52

what can be found in s13 of CC

Answer 52

child under 12 - no person shall be convicted if they are under 12

Question 53

what can be found in s241.1-5 of CC

Answer 53

exemption for medical assistance in dying