Unit 3 Test A Flashcards
Elements of a crime
Mens Rea- the mental element that proves the crime was done with understanding and intention.
Actus Reus- the guilty act of the crime itself. Doing it
Reasonable doubt
In the R.v. Lifchus case, the court stated that reasonable doubt must be based on reason and common sense. Must be logically connected to evidence or lack of evidence. Meaning, logically should they have known better.
Public law
Controls the relationship between society and the government. Includes criminal, constitutional, and administrative law.
Absolute liability offences
Only requires the prosecution to prove that an unlawful action was made. This prosecution does NOT have to prove intent and the accused is not entitled to rely on a defence like due diligence, necessity, or accident. Absolute liability offences can carry heavy fines, but no jail time.
Ex.) failing to stop at a stop sign.
Strict liability offences
Requires proof that the crime was committed, but the defendant can claim due diligence as a defence. Meaning, they did the best they could with their given circumstances. Or you took reasonable steps to do your best.
Ex.) driving with an expired license but not realizing it was expired.
10 possible specific defences
Entrapment, insanity, automatism, necessity, drunkenness, duress, mistake, alibi, self-defence, and double jeopardy.
The purpose of a free and open debate about legal changes
It stops a lot of shenanigans and gets everyone’s opinion voiced, making sure everyone’s rights are in favour.
Restorative justice
Purpose to heal and restore the community from past harms.
Purposes of criminal law
To maintain order, protect society, punish the guilty, and prevent further crime.
Grounds for action
The police cannot arrest someone unless there is a good reason to believe that the person has committed a crime.
But this does NOT mean that the police must have absolute proof.
Summons vs. Appearance notice
Both describe the charge and tells the accused person when and where to appear in court.
A summons is obtained from a justice of the peace while an appearance notice is issued on the spot.
Ignoring a summons is more serious than ignoring an appearance notice.
Burden of Persuasion
The requirement to prove the case or disprove the defence.
Evidential burden
The requirement of putting an issue before the court using the available evidence.
Tactical burden
Is NOT a legal standard, but is rather descriptive of the strength of opposing counsel’s case and the implication of what is needed to overcome it.
Burden of proof
Innocent until proven guilty. Indicates who has the responsibility to prove something. It describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.
Consenting to death (prior to 2016)
Section 14 of the criminal code. No person can consent to have death inflicted and if they do consent to death and someone kills them, the criminal responsibility does not change.
Section 241 of the criminal code
Everyone who counsels, aids, or abets someone to commit suicide whether the attempt is successful or not is guilty of an indictable offence and liable to imprisonment for a term younger than 14.
Nancy B case
The Supreme Court decided that removing life support and letting nature take its course is not considered assisted suicide (known as euthanasia). A person must actively do something like explain how to commit suicide or administer a lethal injection to be guilty of a crime.
Though the criminal code of Canada prohibits euthanasia, aiding suicide, and harming a person by stopping a course of action despite the Quebec civil code giving patients the rights to refuse medical treatment. The case went to the Quebec superior court and the judge had to weigh the right of an individual to control her life against the duty of the state to protect her life. In 1991, justice Jacques dufour ruled that the doctors would not be committing a criminal act if Nancy B requested that he turn off the life support system and the doctors complied.
Medical assistance in dying in Canada
2015 the Supreme Court of Canada ruled Carter v. Canada that parts of the criminal code needed to change in regards to medical assistance in dying to be consistent with the Canadian charter of right and freedoms. SCC gave the government until June 6, 2016 to create a new law. Bill C-7 was then created which was an act to amend the criminal code in parliament stating changes to Canada’s law on medical assistance in dying.
2022 the ministers of justice, health, and mental health and addictions, announced the government of Canada’s intention to add the effects for people suffering from mental illness. 2023 bill C-39 came into effect and MAID relating to mental illness was postponed to 2024. In 2024 postponed to 2027.
Nancy B case
