Test #2 Flashcards by Mack BRACKENBURY

Unlawful Assemblies

Section 63(1) CC
- Summary Conviction
- Three or more persons
- Intent to carry out a common purpose
- Assemble or conduct themselves to cause fear
Section 63(2) CC
- Lawful assembly may become unlawful

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Riots

Section 64 CC
- Summary conviction offence
- An unlawful assembly
- disturbs the peace tumultuously
R v Lockhart
- Tumultuous: element of violence or force; menaces or threats

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Terrorist Activity

Section 83.01(1) CC
-An act or omission
- In or outside of Canada
- Committed for a political, religious, or ideological purpose
-The intention of intimidating the public, a person, a government
Intentionally:
-Causes death or serious bodily harm
- endangers a person’s life
- causes serious risk to public health/safety
- causes substantial property damage
- causes interference with essential service

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Terrorist Groups

Section 83.05 CC
- A terrorist group is defined as:
- Facilitating or carrying out terrorist activity
- Knowingly acting on behalf of, at the direction of, or in association with

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Terrorism Offences

Section 83.18(1) CC
- Participating in or contributing to the activity of the terrorist group
Section 83.18(3) CC
- Providing, receiving, or recruiting for training
- Providing/offering skill or expertise
- Recruiting a person to commit

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Firearms Definitions

Section 2 CC
- Barreled weapon from which any shot, bullet or other projectile can be discharged
- Capable of causing serious bodily injury or death to a person
- Includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm
Prohibited Firearms:
- Handgun: Barrel Length 105mm or less
- Rifles and Shotguns: Altered barrel length <457mm or overall length <660mm
- Automatic Firearms

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Firearm Offences

Section 85 CC
- Use firearm/imitation to commit an indictable offence
- Flight after committing an indictable offence
- Mandatory minimum 1 year sentence

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Obstructing a Police Officer

Section 129 CC
- Resists or willfully obstructs peace officer in the execution of duties
- Omits to assist in the execution of duties
- Resists or willfully obstructs any person in the lawful execution of lands/seizure

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Uttering Threats

Section 264.1 CC
- Knowingly utters, conveys, pr causes any person to receive a threat
- To cause death or bodily harm
- To burn, destroy or damage property
- To kill, poison, or injure an animal or bird

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Assault

Section 265(1) CC
- Commits assault when:
- Without consent applies force
- Attempts or threatens, by an act or gesture
- While carrying a weapon or imitation
Section 265(1)(a) CC
- Actus reus: Applying force without consent
- Meaning of consent
- Voluntary and informed
Mens rea:
- Intent to apply force
- Directly or indirectly
- Knowledge, willful blindness, recklessness to the absence of consent
Constructive Assault - Section 265(1)(b) CC
- Actual physical contact is not required
- Attempted or threatened
- Ability to apply force
- Other person believes the accused had the ability

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Kidnapping

Section 279(1) CC
Kidnaps a person with intent:
- (a) Cause person to be confined/imprisoned
- (b) Cause person to be unlawfully sent out of Canada
- (c) Hold for ransom, or service
against will
- Offence involves “moving” a person

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Abduction

Section 280(1) CC
- Without lawful authority
- Takes a person under 16 against the will of the parent
Section 281 CC
- Everyone who, is not a parent, unlawfully takes a person under 14

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Civil Negligence

Civil Wrong – Tort $$
Duty: reasonable care
Cause harm unintentionally, but carelessly
Departs from standard of care of a reasonable person

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Penal Negligence

A marked departure from the standard of care of a reasonable person
Would a reasonable person in the circumstances have been aware of risks?

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Reasonable Person TEST

R v Creighton
Reasonable person standard – all persons, subject to accused lacking capacity to appreciate risk
But, dependent on nature and circumstances of conduct at issue
Special skill = more attention and care(driving a car)
Mistaken belief: honest but reasonable

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Criminal Negligence: Not Specific

Not a specific type of conduct, any conduct where there is a legal duty
Includes conduct not prohibited under the Code
R v Petzoldt
Chimpanzee – aggressive and dangerous character

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Legal Duties

Section 263(1)(2) CC:
- Legal duty to guard and warn
- May be guilty of manslaughter or unlawfully causing bodily harm
Section 263 (2) CC:
- Everyone who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

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Section 269 CC

Every one who unlawfully causes bodily harm to any person is guilty of
(a) An indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) An offence punishable on summary conviction.

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Section 224 CC

Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.

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Section 467.1 CC

criminal organization means a group, however organized, that

(a) is composed of three or more persons in or outside Canada; and

(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

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Section 67 CC

A person who is

(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

(b) a warden or deputy warden of a prison, or

(c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,

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Section 229(b) CC

(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being

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Section 269 CC – What is required to prove the offence was committed?

be at least objectively dangerous in that a reasonable person would inevitably realize that the underlying unlawful act would subject another person to the risk of bodily harm

Section 224 CC – When does a person cause the death of another human being?

Culpable homicide - Morally blameworthy. Not justified or excusable.
- Murder
- Manslaughter
- Infanticide

Section 263 CC – What legal duty is required when excavating land in Canada?

guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists

Section 280 CC – What is needed to prove the Abduction of a young person?

Age of the Victim: The victim must be a minor (under sixteen years if male, or under eighteen years if female) or a person of unsound mind.

Taking or Enticing: The accused must have taken or enticed the minor or person of unsound mind.

From Lawful Guardianship: The minor or person of unsound mind must have been taken or enticed from the keeping of their lawful guardian.

Without Consent: The taking or enticing must have occurred without the consent of the lawful guardian.

Section 467.1 CC – What constitutes a Criminal Organization in Canada?

The definition includes any group of three or more persons, regardless of their location within Canada, and is organized with the main purpose or main activity of facilitating or committing one or more serious offences that could result in the direct or indirect receipt of a material benefit, including a financial gain

constructive assault

he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose

Why do we “read the riot act” at an unlawful assembly?

Because the authorities were required to read the proclamation that referred to the Riot Act before they could enforce it

What offence(s) are considered “culpable homicide.”?

Murder
Manslaughter
Infanticide

R. vs. Chase – Relevant circumstances in determining whether an assault is sexual & how the conviction was registered when no touching of the complainant’s genital was touched.

Context of the Assault: The court considered the overall context in which the assault occurred, including any sexual overtones or intentions expressed by the accused.

Nature of Physical Contact: Even though there was no direct touching of the complainant’s genitals, the court assessed the nature and location of the physical contact. In some cases, physical contact with other parts of the body, such as the breasts or buttocks, may still be considered sexual if it is accompanied by sexual intent or is intended to degrade or humiliate the victim in a sexual manner.

Subjective Experience of the Victim: The court considered the complainant’s subjective experience of the assault, including her feelings of violation, humiliation, or degradation. The victim’s perception of the assault and its sexual nature were taken into account in determining whether the accused’s actions constituted sexual assault.

R. vs. Hawkins – What was the specific threat in this case?

He was accused of touching his gfs daughter. he agreed to an interview at the station and admitted he might have tickled her but never touched her. He claimed he was never detained but the charges were laid. Judges had to decide if he he was psychologically detained

R. vs. LB – What distinguishes infanticide from murder or manslaughter?

The court stated that it is the actus reus of the offence that distinguishes it from murder or manslaughter. When the charge is infanticide, to prove the actus reus, the Crown must prove not only the willful act or omission that caused the death but also that the mother of the new born was mentally disturbed.

R. vs. Walsh – What specific actions led to the conviction in this case?

The face time call was convicted under section 162.1 “Visual recording”

R. vs. Young – Why was this not an “act of passion”?

Because the court found that the anger would have worn off after not seeing each other. and it was found that Tran knew his wife was seeing another man.

R. vs. Kalyn – Why was this assembly deemed unlawful by the courts? What event was taking place?

The assembly became unlawful when the crowd became unruly and violent. A party was taking place.

R. vs. Jobidon – Understand the common law principles that spoil consent and cause serious, non-trivial bodily harm in a fight.

The Supreme Court held that common law principles vitiate consent between adults, in the context of the fistfight or brawl, to the application of force that is indented to cause and result in serious hurt on non-trivial bodily harm.

R. vs. Corrier – What did this decision decide about Section 270 CC of the Criminal Code?

The officer was using an illegal search without a warrant or arresting the the accused and that is why Section 270 CC was not used but assault was convicted because the accused used excessive force.

Assault vs. Sexual Assault

The difference between assault and sexual assault is that in a sexual assault, the victim’s sexual integrity is violated. In order to determine if the victim’s sexual integrity was violated or if the assault was of a sexual nature, the courts will look to many factors.

Use of force in sports regarding consensual and non-consensual actions.

Consensual Actions:

In sports, participants often consent to a certain level of physical contact as part of the game. This can include actions such as tackling in football, checking in hockey, or physical challenges in combat sports like boxing or martial arts.
The rules and regulations of each sport typically define what constitutes permissible physical contact and what crosses the line into illegal or unethical behavior.
Participants in sports generally understand and accept the risks associated with physical contact within the bounds of the rules.
Non-consensual Actions:

Non-consensual actions in sports refer to incidents where one participant inflicts harm or engages in behavior that goes beyond the accepted norms of the game, causing injury or harm to another participant.
This could include actions such as intentionally injuring an opponent, using excessive force outside the rules of the game, or engaging in violent behavior unrelated to the sport itself.
Non-consensual actions in sports can result in serious consequences, including penalties, suspensions, or even criminal charges if the behavior constitutes assault or other criminal offenses.

Essential elements for a conviction of Criminal harassment.

(1) You. engaged in threatening conduct;
(2) you knew, were reckless, or wilfully blind to the fact that the complainant would be harassed by his threatening conduct;
(3) the complainant was harassed by the threatening conduct;
(4) your threatening conduct caused the complainant to fear for her safety; and
(5) the complainant’s fear was reasonable in the circumstances.

What is unlawful confinement?

(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or.
(b) an offence punishable on summary conviction.

In what circumstances can a person be charged with Obstruction for failure to ID?

f a person is under a legal obligation to provide identification (such as to allow the officer to issue a valid ticket for speeding etc.) the failure to provide identification may amount to an obstruction of the police officer.

Sexual Assault and Consent (What circumstances would it become invalid?) Think protection against STIs.

Times where it would become invalid is when both individuals agree on having unprotected sex. With the advancements in treatments today that it is not a conviction. But if the person did not agree to unprotected sex then it is an offence

What are two essential words that make consent valid?

defines consent as the voluntary agreement of the complainant to engage in the sexual activity in question. Conduct short of a voluntary agreement to engage in sexual activity does not constitute consent as a matter of law

Murder (1st degree vs 2nd degree vs Manslaughter vs Infanticide) When would you be charged with each?

First-Degree Murder:

First-degree murder is the most serious homicide offense in Canada.
It involves the intentional killing of another person with planning and deliberation, or in the commission of certain other offenses such as terrorism, hijacking, sexual assault, kidnapping, or criminal harassment.
It also applies in cases where the victim is a law enforcement officer or correctional officer killed in the line of duty.
The penalty for first-degree murder is life imprisonment without the possibility of parole for a minimum of 25 years.
Second-Degree Murder:

Second-degree murder is a lesser charge than first-degree murder but still involves the intentional killing of another person.
Unlike first-degree murder, second-degree murder does not require premeditation or planning. It may occur in the heat of the moment or during a sudden confrontation.
If the Crown cannot establish first-degree murder, the accused may be convicted of second-degree murder.
The penalty for second-degree murder is also life imprisonment, but the judge has discretion to set the parole eligibility between 10 and 25 years.
Manslaughter:

Manslaughter is a homicide offense that lacks the intent to kill but involves the unlawful killing of another person through reckless or negligent behavior.
It may occur as a result of an unlawful act that is likely to cause bodily harm, or as a result of criminal negligence.
Manslaughter charges can result from incidents such as dangerous driving causing death, unlawful confinement, or reckless handling of firearms.
The penalty for manslaughter varies depending on the circumstances of the case but can also result in a lengthy term of imprisonment.

Infanticide:

Infanticide is a specific offense under Canadian law that applies to mothers who kill their newborn child during the first year of the child’s life, while their mind is disturbed as a result of childbirth or lactation.
The offense recognizes the unique circumstances and vulnerabilities faced by mothers suffering from postpartum mental health issues.
If the court finds a woman guilty of infanticide, she may be subject to a maximum penalty of five years imprisonment, although other dispositions, including probation or psychiatric treatment, may be considered.

When would someone not be charged with Criminal Negligence Causing death if they caused the person’s death? Hint: If a person _________ and without __________ kills another person while doing a _________ act.

If a person acts reasonably and without foreseeability of harm, kills another person while doing a lawful act, they may not be charged with Criminal Negligence Causing Death.

Voyeurism – When is it not an offence?

A voyeur’s act is not unlawful if those being observed consent to the viewing – however, when voyeurism is conducted secretly without the knowledge of the observed, Canadian law considers it a criminal offence with a maximum sentence of five years imprisonment

When does a child become a human being? (CC Index)

when it has completely proceeded, in a living state, from the body of its mother, whether or not

(a) it has breathed;

(b) it has an independent circulation; or

What does “tumultuous” mean, and what type of action is it referencing? (Look in the CC)

It means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property
The action it is referencing is a riot is an unlawful assembly that has begun to disturb the peace tumultuously

Maximum penalties for Criminal Negligence Offences

The offence of causing bodily harm by criminal negligence is punishable by a maximum jail term of up-to 10 years. If someone is killed, then the maximum punishment is life imprisonment.

What is the difference between Civil, Penal and Criminal negligence?

Civil Negligence:

Civil negligence is a legal concept that arises in the context of tort law, which governs civil wrongs or injuries inflicted on one person by another.
It involves a failure to exercise reasonable care that results in harm or injury to another person or their property.
In civil cases, the injured party (plaintiff) can seek compensation for damages suffered as a result of the negligence of another party (defendant).
The standard of proof in civil cases is usually based on a preponderance of the evidence, meaning that the plaintiff must demonstrate that it is more likely than not that the defendant’s negligence caused the harm.
Penal Negligence:

Penal negligence typically refers to negligence in the context of administrative or regulatory offenses, where the primary concern is the violation of rules or regulations rather than the direct harm caused to individuals.
It may involve breaches of occupational health and safety regulations, environmental regulations, or other regulatory frameworks.
Penalties for penal negligence offenses often involve fines, administrative sanctions, or regulatory enforcement actions rather than criminal prosecution.
The focus is on ensuring compliance with regulations and standards rather than addressing harm or injury suffered by individuals.

Criminal Negligence:

Criminal negligence, on the other hand, involves a higher degree of culpability and is considered a criminal offense under the criminal law of a jurisdiction.
It typically requires a showing of a wanton or reckless disregard for the lives or safety of others, resulting in serious harm or death.
Criminal negligence charges may be brought in cases where the conduct goes beyond mere negligence and rises to the level of gross negligence or recklessness.
Penalties for criminal negligence can include imprisonment, fines, probation, or other criminal sanctions.
The standard of proof in criminal cases is higher than in civil cases and requires proof beyond a reasonable doubt.

What activities are expected to be undertaken with high attention and care?

The driving act

What is the degree of care expected of a reasonable person?

Reasonable person: A person who is thought to be careful and considerate in their actions

What is the principle behind criminalizing, making, and distributing intimate and sexually explicit materials?

The principle behind criminalizing the production, distribution, and possession of intimate and sexually explicit materials is rooted in various societal and legal considerations aimed at protecting individuals’ privacy, dignity, and well-being.

Mens Rea of a terrorist act? What is the definition of terrorist activity?

In legal terms, mens rea refers to the mental state or intention behind the commission of a crime. When it comes to terrorist acts, mens rea plays a crucial role in determining the severity of the offense and the applicable legal consequences. The mens rea required for a terrorist act typically involves a specific intent or purpose to cause harm, instill fear, coerce a government or population, or advance a political, ideological, religious, or social agenda.
-Section 83.01(1) CC
-An act or omission
In or outside of Canada
Committed for a political, religious, or ideological purpose
-The intention of intimidating the public, a person, a government
Intentionally:
-Causes death or serious bodily harm
endangers a person’s life
causes serious risk to public health/safety
causes substantial property damage
causes interference with essential service

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Test #2 Flashcards

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