Lab Sheet 1 Flashcards
Plaintiff
A person who brings a case against another in a court of law.
Defendant
An individual, company, or institution sued or accused in a court of law
Common Law vs Statute Law
Common law is law based on precedent: previous decisions made by other judges in similar cases. Statute refers to laws written by legislative bodies such as parliament.
Public Law Matter vs Private Matter
Private law applies to relationships between individuals in a legal system. E.g. contracts and labor laws. Public law applies to the relationship between an individual and the government, e.g. criminal law.
Is infanticide an included offence of murder?
According to a Supreme Court of Canada case in 2016, Section. 233 CC provides that infanticide is both a stand-alone indictable offence and a partial defense to a charge of murder.
Balance of Probabilities
Proving something on a balance of probabilities means that it is more likely than not to have happened. It’s easier to show proof on a balance of probabilities than to show proof beyond a reasonable doubt, which is what has to happen for you to be convicted of a criminal offence.
Notwithstanding Clause
The notwithstanding clause, or Section 33 CC, gives parliaments’ in Canada the power to override certain portions of the charter for five-year term when passing legislation.
Attempted Offences
In Canada law, a person is guilty of an attempt if he intends to commit a crime and takes sufficient steps towards committing that crime.
What type of crime is the act of aiding and abetting, counselling or procuring a person to commit a criminal offence?
Person Counselling offence. 22(1) Where a person counsels another person to be a party to an offence and that person is afterwards a party to that offence, the person who counselled is a party to that offence. Notwithstanding that the offence was committed in a way different from that which was counselled.
Stare Decisis
In the common law in Canada, judges must follow the principles of stare decisis, which requires that judges follow the previous rulings (I.e. precedents) of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue.
Who has primary jurisdiction over criminal law in Canada?
- Canada’s constitution gives the federal Parliament the power to make criminal laws and as a result, criminal law applies across the country. The province and territories are primarily responsible for enforcing the criminal law.
Lesser and Included Offences (what offences can you find out and name)
offence is “included” in another is “if its elements are embraced in the offence charged (as described in the enactment creating it or as charged in the count) or if it is expressly stated to be an included offence in the Criminal Code itself. The test is strict.
Luckett v. The Queen, R. v. Simpson
Aiding vs Abetting
According to Section 21(1)(c) of the code, individuals who aid and abet any person in committing an offence are considered to be parties to that offence. “abetting” refers to the act of encouraging, instigating, promoting, or procuring a crime to be committed and must occur during the actual commission of the offence.
Knowingly
The term “knowingly” is often used in criminal law. For Example, if someone knowingly commits a crime, they are aware of their actions and the consequences that may follow. This can be used as evidence in court to prove intent and can result in harsher penalties.
Willful Blindness
The doctrine of willful blindness imputes knowledge to an accused whose suspicion is aroused to the point where he or she sees the need for further inquiries, but deliberately chooses not to make those inquiries.
