LAW 3

Question 1

Elements of a crime?

Answer 1

2 necessary elements of a crime?
I) Actus Reus-> the guilty act or deed
2) Mens Rea-> the guilty mind

If one of these is not present, not guilty.

It’s the onus, or responsibility or proof, of the crown to prove that these 2 elements existed simultaneously in order to achieve a conviction.

In criminal law the crown must do this beyond a reasonable doubt (99.9%)

onus=responsibility
•Belongs to gov

Question 2

Actus Reus

Answer 2

-> 3 diff types:
1) a persons action:
2) Omission: lask of action ar failure to act when required to do something
3)State of being: some offences require only to be caught in possession of something

Question 3

Mens rea

Answer 3

Means the guilty mind. In other words, a person’s state of mind is such that they desire to carry out action and can foresee the likely result.

Can be broken down into further categories:

General intent: crown must prove beyond a reasonable doubt that you meant to do the thing.
Ex: manslaughter: crown must prove a person intended the action, not that they intended the outcome of death.

Specific intent: you meant to do the thing and for all the consequences that follow.
Ex: second and third degree murder.

Motive: the rationale for committing an offence. Not to we confused with intent. A person can have motive and not commit and offence.
Ex: recklessness.

Question 4

Why does criminal law exist?

Answer 4

Protects people by dealing with offences committed against society as a whole.

Offers order and predictability by providing a value framework within which to live our lives.

Focuses more on prevention and penalty than it does on compensation.

reflects social changes and growth.

Criminal actions result in fines or imprisonment, depending on the severity.

Question 5

3 purposes of criminal law according to society?

Answer 5

1) Protects people and property
2) Discourages potential offenders
3) Rehabilitate those who have already harmed society, still others look to it for retribution and punishment for those who commit crimes.

Question 6

Possible causes of crime?

Answer 6

Homelessness
Revenge
Peer pressure
Mental Illness
Drugs
Alcohol

Question 7

Why does parliament decide to make certain actions criminal?

Answer 7

To reflect the values and wishes of society and its concerns because criminal law reflects social changes and growth.

Question 8

Conditions that must exist for an action to be considered a crime?

Answer 8

The law reform commission of canada suggested certain conditions:
-the action must be considered wrong
- the action must cause harm to other people, to society, or those who need protection
-the harm must be serious in both nature and degree
The harm must be dealt with through the mechanism of criminal law

Question 9

Laws that indicate societies changing values or concerns?

Answer 9

Laws dealing with:
1) capital punishment
2) abortion
3) gun control

Question 10

It is important what type of offence has been committed for it determines?

Answer 10

-the power of arrest for a citizen or police
-the rights of the accused
-how the trial will proceed
-what penalty will be imposed

Question 11

How can you tell if an offence is summary or indictable?

Answer 11

Summary conviction offences are minor offences for which an accused can be arrested or summoned to court without delay. Indictable offences are serious crimes and incur more severe penalties than summary conviction offences.

Question 12

Differences in the procedure of the two offences?

Answer 12

Summary offences are minor offences:

1)The accused could be arrested or summoned to court without delay.

2) Maximum penalty is $5000. Penalties differ from small fines to imprisonment.

3) Could get up to six months of imprisonment.

-All provincial offences are summary.

Indictable offences are serious crimes:

1) The trial isn’t for a long time.

2) They incur more severe penalties. The actual penalty is imposed at the discretion of the trial judge. Some incur a minimal penalty instead of relying on the judges discretion.

3) Criminal code of Canada sets a max penalty for each offence, up to life imprisonment.

Ex: impaired driving could land you either $300 or 3 months imprisonment

Question 13

Hybrid offences? How can you tell if an offence is hybrid? What choice can the crown make?

Answer 13

Dual procedure offences are those for which the crown has the right to choose whether to proceed summarily or by indictment. Hybrid offences are treated as indictable offences until the charge is laid in court. The accused therefor has to make an appearance, even though there is a possibility that the crown will proceed summarily. However, some critics believe that the judge should make the decision.

The crown has the right to choose whether to proceed summarily or by indictment. The crown is deciding on the penalty to be received.

Question 14

What was the origin of Canadian criminal law?

Answer 14

The criminal law system inherited by early canada (except Quebec) was the English case law system with slight modifications by English Statues.

Question 15

Why was the federal government given jurisdiction over criminal law?

Answer 15

At first, each province was free to make its own criminal statutes. In 1867, the first four provinces to enter confederation gave this jurisdiction to the federal parliament.

Section. 91(27) gave Canada exclusive jurisdiction over the criminal law

The intent was to strengthen the federal gov with consistency by giving it authority over matters common to the whole country.

Question 16

What are Quasi criminal laws?

Answer 16

The provinces retained the right to enact laws on matters that fell under their jurisdiction. They could also transfer jurisdiction over any of these matters to the municipalities.

Laws passed by the provinces or municipalities are no part of criminal law, they are rather referred to as quasi criminal law.

They differ from province to province, like highway traffic acts.

Question 17

Where can one find the most common crimes and their penalties listed?

Answer 17

The criminal code of canada is the main source of our criminal law. It came into effect on July 1, 1893.

It was reviewed in 1955.

Today, most criminal offences are found in the Criminal Code and in the many statutes passed by Parliament, such as the Narcotic Control Act and the Official Secrets Act.

Question 18

Changes in the criminal code?

Answer 18

The Criminal Code is the same in structure, style, and content as it was when enacted in 1893.

It has frequently been recommended that it should be rewritten so that it is clearer and better organized.

Changes are constantly being made to the Code.

Question 19

Three ways the judiciary influences our criminal law?

Answer 19

1) The judiciary also influences the construction of our criminal law. They interpret laws and their meaning or a provincial legislature and determine how they apply in individual cases. It gives judges the power to determine how the will of Parliament - as embodied in law will be enacted against criminals.

2) Judges also have the power to determine whether laws or procedures followed by the state are consistent with the Canadian Charter of Rights and Freedoms. Should a judge find that a law is unconstitutional, they can require a number of different remedies.

3) Judiciary influence is also reflected in the many criminal procedures that were decided upon by previous judgments and are still followed according to precedent.

Question 20

What if you didn’t plan on committing a crime?

Answer 20

Recklessness or negligence

Question 21

Recklessness?

Answer 21

Recklessness: taking a risk where the result of an action, committing a crime, is foreseeable
-intent to committ action
-risk is unreasonoble.
- actor knows it is likely to result in harm to others

Ex: For intoxication, you’re still responsible for consequences unless the intoxication was an accident or done by someone else

Question 22

Accident vs negligence

Answer 22

accident: you did your due diligence
->theres a zombie outbreak on a schooltrip

negligence: failure to take proper care in doing something. Often involves breaking the law-> medical malpractice

Question 23

Willful blindness?

Answer 23

Willful blindness:
When a person is aware of the need to inquire further, but choose not to , because they’d rather not know the truth

Example: Early file sharers like Napster, when charged with copyright infringement, they argued that they had no idea that files were being shared, and therefore, had no guilt if the files broke copyright laws. In this case, intent still exists because they should’ve known what people were doing with their technology, but chose not to inquire.

Question 24

3 forms of homocide broad explanation

Answer 24

1st degree-> specific intent, meant the action, meant the consequences of death, involved pre-planning

2nd degree> Specific intent, meant the action, meant the consequences, but no planning was involved because it was in the heat of the moment

Manslaughter-> general intent, meant the action that results in death, but didnt intend for death. Often a result of negligence /recklessness.

Question 25

Strict liability and absolute liability offences?

Answer 25

Less serious and not criminal, don’t require intent.

Separate category of offences, less serious than those found in the criminal code

These are more regulatory offences for the general safety of the public and not punishing offenders.

Question 26

Strict liability

Answer 26

All you need to prove for conviction is that the act was committed.

Can use the defence of due diligence: that reasonable care was taken to not commit the offence, or a mistaken belief of facts.

Ex: traffic offences, selling alcohol to a minor.

Question 27

Absolute liability

Answer 27

Does not require men’s rea

Cannot use due diligence as a defence

So guilty no matter the precautions you have taken

Ex: dangerous driving

Question 28

Attempt?

Answer 28

Once you have taken any measure/action to carry out an offence

Question 29

Conspiracy:

Answer 29

An agreement between two or more persons to carry out an unlawful action or to perform a lawful action by unlawful means.

Question 30

Who is responsible for electing judges for the provincial court? What are three criteria they should have?

Answer 30

The Saskatchewan provincial court judicial council.

Criteria:
Educational achievement
Strong legal skills
Tolerance
Compassion and sympathy

Question 31

What is the justice of the peace? What are the three things they are responsible for?

Answer 31

Justices of the peace are citizens appointed by Order in Council to carry out specific administrative and judicial functions of the Provincial court. There are approximately 150 justices of the peace located in communities throughout the province. They train new justices of the peace, receive complaints, and review conduct issues.

Question 32

If a person is unhappy with the conduct of a judge, where can they take their complaint? Can this same process aid a person who is unhappy with a judge’s decision?

Answer 32

Anyone whose unhappy with the conduct of a provincial court judge can make a formal complaint to the Saskatchewan Provincial court judicial council. There’s is a difference between a judges conduct and a judges decision. If someone is unhappy with a provincial court judges decision and believes they reached the wrong decision, they may be able to appeal the decision to the higher court.

The Saskatchewan provincial court judicial council is not a court and cannot review a judges decision.

Question 33

When a youth commits a crime, which court will hear their case? What act are they subject to?

Answer 33

Youth court
Youth criminal justice act

Question 34

What are the two principles emphasized within the youth criminal justice act

Answer 34

1) timely intervention
2) meaningful consequences

Question 35

What is the domestic violence court? How does it help offenders avoid jail time?

Answer 35

The domesticviolence court (DVC) is a therapeutic court that addresses
domestic violence and offers the domestic violence court treatment option. The treatment option allows those who are willing to take responsibility for their actions, Who elect to plead guilty, to complete a counselling program for domestic violence. If Individuals meet the requirements of the DVC Treatment option, they will receive a reduced sentence.

Question 36

What is drug court? Who is it meant for?

Answer 36

It is a treatment program for
An accused Who has a substance abuse problem that played a role in ther offence, who meets the eligibility critera, and has successfully completed a one month assessment, may enter the drug treatment court program. participants could receive a reduced sentence

Question 37

What are two differences between normal court and Cree court?

Answer 37

The Cree court is a circuit court that conducts hearings in free and handles criminal matters.

I’m cree courts, the judge, clerks, and court workers speak Cree and accused may have access to Cree speaking legal aid lawyers.

In Cree courts, the judge may emphasize traditional Cree values regarding respect for one’s family and community in addition to the sentencing principles in the criminal code.

Question 38

What are two benefits of the Cree court?

Answer 38

1) enabling the court to communicate with an accused in a manner suited to his or her language or cultural needs.

2)incorporating traditional values into sentencing, making them more responsible to the needs of particular communities.

Question 39

In the court of kings bench who is responsible for selecting new judges?

Answer 39

Minister of justice

Question 40

What are three ways the court is able to collect monies owed under judgement?

Answer 40

A sheriff has the authority to investigate a judgement debtors assets and debts and the authority to seize and sell a judgement debtors property including bank accounts, crops, wages, etc?

Question 41

What are three types of cases resolved in the bankruptcy court

Answer 41

1) where the bankrupt person seeks to end bankruptcy (also known as discharging it) and he or she has been bankrupt more than once.

2) where the bankrupt person and the trustee cannot agree about in aspect of bankruptcy administration.

3) where the bankrupt persons discharge from the bankruptcy is opposed by a creditor, by the bankruptcy trustee, or by the office of the superintendent of bankruptcy.

Question 42

What are four matters dealt with in the court of the queens bench family law division?

Answer 42

Separation and divorce
Custody and access
Child support
Spousal support

Question 43

How are people selected to be summoned to jury? What does it mean if a potential juror is challenged?

Answer 43

The ministry of justice asks the ministry of health to provide the required number of names. The names are selected randomly by computer from health records. Anyone over the age of 18 with a health services number who lives within that judicial district may be called for jury service. A document called the summons is prepared for each potential juror. People who receive summons must attend court for a process called jury selection. The selection of a jury takes place before the start of a trial. The names of the prospective jurors are written in cards and placed in a box. The court clerk draws the card from the box and those prospective jurors are asked to come forward. The lawyers for the parties at a trial have a right to challenge prospective jurors without giving them any reasons. If this occurs the person is asked to return to the body of the courtroom.

Question 44

What are three reasons a juror may be excused from service?

Answer 44

The persons attendance would result in serious hardship or loss to that person, to others, or the general public.

The person is 65 years or older.

The person has served as a juror In the preceding two years.

Question 45

What is the rate of pay for a juror on a criminal case?

Answer 45

110$/hour for each day or part of the day they sit unless they are receiving income from their employer while sitting.

Question 46

How many judges are the court of appeal? How are they chosen?

Answer 46

The court of appeal for Saskatchewan consists of the chief justice and 7 puisne judges appointed by the federal government. Individuals who wish to be considered for appointment as a puisne judge of the court of appeal must apply to the commissioner for federal judicial affairs.

Question 47

What do the judges of the court of appeal do?

Answer 47

Judges of this court dit in panels of 3, 5, or 7 to hear appeals of decisions by the trial courts and certain administrative tribunals. They review cases to lower courts to search for errors.

Question 48

Parties to an offence?

Answer 48

Any person who commits an offence, aids a person to commit an offence, or abets a person commuting an offence, is a party to an offence under section 21 of the criminal code.

Under section 21(2), any person who plans an offence is just as guilty as the person who does it.

If you incite somewhat to an offence, you are equally as responsible as well.

Question 49

Aid vs Abet

Answer 49

Aid means to assist the principal offender in the commission of the crime. Often in a single event before the crime, but could be during.

Abet means to encourage a person to commit a crime. Often, in a single event before a crime, but could be during.

Question 50

Common intention

Answer 50

Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out he common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

Question 51

Accessories after the fact

Answer 51

Accessory after the fact: someone, who helps a person who has committed a crime to escape detention or capture.
• Occurs after crime committed
• Section 23 Criminal Code
Includes providing food, clothing, shelter

Question 52

Bystanders

Answer 52

Unless they have a specific legal duty to act, or in the absence of laws for a specific situation, mere bystanders are not guilty of any crime.

Question 53

Abandonment

Answer 53

accused may argue that they have abandoned the common intention where it is shown that:]
1. that there was an intention to abandon or withdraw from the unlawful purpose;

2.that there was timely communication of this abandonment or withdrawal from the person in question to those who wished to continue;
that the communication served unequivocal notice upon those who wished to continue; and

3. that the accused took, in a manner proportional to his or her participation in the commission of the planned offence, reasonable steps to neutralize or cancel out the effects of his or her participation or to prevent the commission of the offence.

Question 54

The structure of Saskatchewan’s court

Answer 54

Supreme Court of Canada (outside triangle)

Provincial court of appeal

Court of king’s bench

Provincial court

Question 55

Supreme Court of canada purpose?

Answer 55

Can review any cases and is the highest court in the land.

The Supreme Court of Canada consists of eight judges and a Chief Justice. It sits only in Ottawa.

This is the highest court in Canada. The decisions are final. The Supreme Court has jurisdiction over civil and criminal matters throughout Canada. In order to be heard in the Supreme Court, it may be necessary to have a “leave of appeal”

All other courts must follow the decisions of this court unless the Supreme Court of Canada itself overrules a previous decision it made.

Question 56

Provincial court purpose:

Answer 56

(99% of crimes) and is the most common

1) no jury, only has a judge
2) most criminal matters end here
3) less serious summary offence

Small claims
Traffic court
Youth court
First appearance
Cree court

Question 57

Court of kings bench

Answer 57

Family court
Trial by judge or jury, includes jury trials
More serious crimes
can appeal decisions made in the lower court

Can hear both civil and criminal trials

Question 58

Provincial court of appeal

Answer 58

8 judges

They hear the appeals from the court of kings bench

Evaluate if a lower court made a mistake

Can alter the result of previous trials

Question 59

Federal courts

Answer 59

The Federal Court of Canada deals with matters such as civil cases, patent, copyright and maritime law. There are also some specialized federal courts, such as the Tax Court of Canada, that only deal with one area of the law. Appeals from any federal court are heard by the Federal Court of Appeal.

Question 60

Aid and abetting criteria

Answer 60

1) the offence in the indictment was committed
2) the accused does some act that actually aids or abets the commission of the offence
3) the accused had Mens rea for the offence (know the principle is intending offence, intend to help them)