Module 2: Nature and Classification of Offences

Question 1

3 Types of Criminal Offenses

Answer 1

1. Indictable offenses (felonies)
2. Summary convictions offenses (misdemeanors)
   - doesn’t not require a preliminary hearing/inquiry, where the crown and defense lawyer present evidence before a judge in order to see if there is enough evidence should go to trial
   - not considered a heavy punishment/offense, cannot be tried by a jury
3. Hybrid offenses
   - over 70 offenses in the Criminal Code of Canada that can be both felonies and misdemeanors, ex. sexual assault, pointing a firearm at someone, vocally expressing death threats, selling used goods as new, driving while disqualified
   - the decision of how to classify the offense rests with the crown attorney/prosecutor

Question 2

How a crown attorney/prosecutor decides on the classification of a hybrid offense?

Answer 2

1. the seriousness of the offense
2. the limitation period of the trial (summary offense trials must start within six months)
3. the criminal record of the accused
4. the impact of the offense on the community
5. when the court is overloaded with cases then the prosecutor will change the classification from indictable to summary in order for the case to go quicker and reduce the case load of the court

Question 3

In Canada a person is not legally responsible for a criminal act when:

Answer 3

• he/she is asleep (automatism; unconscious involuntary behaviour of an individual)
• under 12 years of age
• while he/she is mentally ill
• when he/she commits a criminal act in self-defense (when you are faced with an unprovoked attack, you can use as much force as necessary, but not excessive force or you can be charged with assault and battery)
• if the offender was involuntarily intoxicated

Question 4

Examples of Provincial Offenses (not crimes under the criminal code of Canada)

Answer 4

-hunting and fishing violations
-the operation of a motor vehicle on the highway, ex. speeding, careless driving
-public health issues
the protection of children
the use and control of alcohol

Question 5

Define: “administration of justice” offense

Answer 5

• offenses that involved interference with the administration of criminal justice, ex. bail violations, failure to appear in court, escaping custody, parole violations, failure to comply with probation orders
• there are over 100,00 of these offenses each year in Canada

Question 6

Explain: the problem of over legislation

Answer 6

• Edwin Shore (US) argues that Americans have the tendency to over legislate (make too many laws to control human behaviour), ex. controlling liquor, prostitution, drugs, homosexuality
• these crimes are without victims and shouldn’t be crimes under the criminal code of Canada
• ex. prostitution, alcohol, gambling, drugs
• in each case, the crime involves consensual transactions, there is not direct harm inflicted by one person to another
• our attempt to legislate morality, and to enforce the legislation results in the increase of organized crime