Summary of Criminal Law and Procedure

Question 1

What is a Crime?

Answer 1

Crime occurs when a person:

• commits and act or fails to commit an act (legal duty to)
• has mens rea to complete act
• does NOT have a defence for committing the act
• violates a provision in criminal law

Question 2

Criminal Law Jurisdiction

Answer 2

Under federal jurisdiction

Question 3

Quasi-Criminal Law

Answer 3

• Laws that can be passed by provincial governments as well as federal
• The Highway Traffic Act, the Environment Protection Act, etc.

Question 4

Summary Offences

Answer 4

• Less serious
• Must be charged within 6 months of offence (limitation period)
• Max. penalty = 6 months in prison and/or $5000 fine

Question 5

Indictable Offences

Answer 5

• Serious offences

- Majority have a preliminary inquiry held

Question 6

Hybrid Offences

Answer 6

• Fall between summary and indictable offences

- Up to the Crown to determine how to proceed (summary or indictable)