Criminal Law -Pre Midterm

Question 1

Basic Criminal Law Principles

Answer 1

• Criminal behaviour is an offence against all society, not just the victim, therefore charges may be pressured even when the victim does not want it / pursue it
• Police are society’s peace keepers
Prosecutors are society’s court agents

Question 2

Commencing the Process

Answer 2

• Anyone can report an incident to police, judge, or justice of the peace
• Police may investigate
If they feel there are reasonable and probable grounds for believing the acts ‘fit the crime’, will find out an information and take to JP to swear it is true

Question 3

“Fair Trial” Process

Answer 3

• Everyone accused of committing an offence can have their innocence or guilt determined:
○ By a judge &/or jury (if max 5 yrs or more)
In open court - in the presence of the public because there is no ‘justice’ behind closed doors

Question 4

The Fair Trial Process

Answer 4

• Presumed innocent
• Onus on the crown prosecutor/society to prove elements of the offence
• The accused has the right to know the case against them
○ Crown gives full disclosure of all relevant information that was collected in investigation either for/against accused
• Standard of proof = beyond reasonable doubt
• How - by ‘calling’ evidence
○ Bringing forward ‘in person’ witnesses to testify - viva voce evidence - examination-in-chief
Bringing forward other relevant evidence in accordance with the rule of evidence

Question 5

Challenge of Evidence

Answer 5

• Cross-examining witnesses
○ To challenge their powers of observation, recall or memory, and/or truthfulness
• And calling own witnesses to refute or raise a doubt about the crowns case, if they choose to
The accused is never forced to testify if they do not want to, or it is not in their best interest

Question 6

Charter of Rights and Freedoms

Answer 6

• Part 1 of the constitution act, 1982
• List the rights and freedoms considered to be of fundamental importance to people in Canadian democratic society
• To protect individuals from actions/exercise of powers of government
○ Cannot create laws that ignore these freedoms
○ Cannot exercise their powers in a way that ignores these freedoms
○ The ‘supreme law’ - s. 52(1)

• S.1 - reasonable limits clause The charter guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law, as can be demonstrably justified in a free and democratic society

Question 7

Canadian Criminal Law

Answer 7

• Federal - s.91, enumerated power 27, covers all of Canada - national scope
  
  • Provincial - s.92, power 15, covers with the province - provincial scope
  • Onus - on crown/prosecutor
  Standard of proof - to prove ‘beyond a reasonable doubt’

Question 8

Elements of Criminal Behaviour

Answer 8

the crown must prove all of the elements of the offence, for both the actus reus and mens rea

• True criminal offence - mens rea key element- 'accused meant to or not to do it % crown must prove this element Strict liability offence - proof of actus reus is enough to infer mens rea

Question 9

Severity of Crimes

Answer 9

• Summary offence - usually less serious with less punishment (<= $5000)
• Indictable offence - only federal gov. can create, more serious offences/penalties
Hybrid- crown can decide to proceed by indictment or summarily depending on facts, history of the accused