Introduction to Criminal Law

Question 1

Two major elements of Crime?

Answer 1

• evil, prohibited
• penalty may be imposed when violated

Question 2

Three categories of law:

Answer 2

• Indictable: serious crimes (judge +possibly a jury-more expensive)
• Summary: less serious (max 6 months)
• Hybrid: crown elects either or. person picks judge if indictable.

Question 3

What is a Summary offence?

Answer 3

• tried before provincial court judge
• fine of $5000 or 6 months in jail
• 18 months for some (drink and drive, violence, drug)

Question 4

What is an Indictable offence?

Answer 4

• preliminary inquiry before provincial court (see if enough evidence)
• more severe
• max. life imprisonment
• could be more than one court procedures.

Question 5

What are Regulatory offences?

Answer 5

• legislation is to protect or broad segments of public
• provincial or federal legislation
• should not do it. but legal under conditions
• moral culpability
• crown must only prove that act was committed
• not mens rea
  quasi-criminal law

Question 6

What are True Crime Offences?

Answer 6

• with intent
• considered to be inherently wrong
• beyond reasonable doubt
• infringement of basic values

Question 7

What is Public vs Private Law?

Answer 7

Public: affects everyone (criminal) entire society
Private: individuals vs individual. regulation of relationship

Question 8

two Sources of Law?

Answer 8

1. Legislation
2. Judicial decisions

Question 9

What is common law?

Answer 9

• adopted into
• not covered in legislation

Question 10

What is the Charter?

Answer 10

• 1982
• enactment as part of Constitution Act
• empowers judges in certain circumstance to declare piece as invalid because infringes rights
• could strike down legislation but not necessary

Question 11

What is the Oakes Test?

Answer 11

• test to consider what is reasonable infringement on rights.

Question 12

What are the two criterias of Oakes Test?

Answer 12

1. limit must be important enough to justify overriding rights
2. means chosen by legislature are reasonable

Question 13

What are 3 components of proportionality?

Answer 13

1. means chosen by legislature must be rationally connected to objective
2. means should impair as little as possible the rights/freedom
3. must be proportionality between effects of measures adopted by legislature and objective of legislation.