Criminal Law Test Review

Criminal Law deals with offenses against society. That's why the charge will always be R. vs. Smith (e.g.), the "R." stands for "Regina", or "The Queen".

Criminal Law seeks to punish and rehabilitate offenders, keeps the peace, protects people and property.

Criminal Law is the federal government's responsibility.

Some activities, like drinking in public, traffic violations, etc. can be municipal or provincial matters but they are not criminalized.

Summary Conviction offenses are minor criminal offenses (called "misdemeanors in the USA).

Indictable offenses are the more serious offenses (called "felony" crimes in the USA).

Hybrid offenses can be charged as either summary or indictable.

The Crown must prove its case beyond a reasonable doubt.

Actus reus (the criminal action) and Mens Rea (the criminal intent, guilty mind) must BOTH be proven against an accused to get a conviction.

The Superior Court of each province has a trial division and appeal division for important criminal cases. The courthouse in Toronto that we visited is the Superior Court of Ontario.

The Supreme Court of Canada hears appeals on points of law, whether our existing laws adhere to the Charter of Rights and Freedoms. They will also have a final say on points of law from appeals courts from across the country.

Overall Main Points
1. What is a crime and how is it dealt with in Canadian Society?
A Crime is an action that:
a. is considered against the values of Canadian Society.
b. causes harm to people or property.
c. the harm caused is serious in nature and degree.
d. using the criminal justice system against the perpetrators will help deter them (and others) from repeating similar actions.

2. Explain the types of criminal offenses.

Summary, Indictable, Hybrid. please explain each.

3. Distinguish between actus reus and mens rea using examples.

The Police are there to serve and protect the public by enforcing the law, especially the Criminal Code.

To arrest someone, the police must have reasonable and probable grounds.

The police can use as much force as is necessary to prevent an escape.

The police must advise those under arrest of their rights - listed in the Charter s. 11. For example, you do not have the right to remain silent in Canada (you may have seen that on American crime shows).

Police must get a search warrant to search private residences.

The main points:

1. What makes an arrest legal?

2. What are the legal rights of the person under arrest?

3. What are the powers of the police to perform legal searches?

4. Can private citizens make an arrest?
Also check the review of the chapter (pp 178-179) and the cases in the chapter.

The adversarial system is our system of trial (means that there are two opposing sides, each having the opposite goal - to prove guilty or to prove innocent.

The Crown represents society and they must prove the accused guilty of the offense.

The jury's job is to convict or to acquit based on evidence presented in court.

Both the Crown and the Defense have the opportunity to present witnesses and to question the other side's witnesses.

The judge determines the admissibility of evidence. The judge also ensures a fair trial for the accused.

The main points of this section include:

1. What types of evidence can be accepted in Canadian Courts?

2. Describe our jury selection process.

Describe the various types of homicide in Canada.

1st Degree, 2nd Degree, Manslaughter, Infanticide, Negligent Homicide (these are all "culpable" homicides, meaning that there is blame attached, they are not strictly accidents).

There are three categories of assault and sexual assault in Canada, depending upon the severity of the attack.

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Identity theft is on the rise and harms thousands each year in Canada.

Fraud is intentionally misleading others for a financial gain.

Weapons are either non-restricted, restricted, or prohibited.

Prostitution is legal in Canada but soliciting and other activities surrounding prostitution are illegal.

Drug laws are in the Criminal Code in the Controlled Drugs and Substances Act.

Impaired Driving is the main criminal cause of death in Canada.

The main points of the chapter are:

1. What are some examples of crimes of violence (against people)?

2. What are some examples of crimes against property?

Defenses are the accused's response to the criminal charge.

The Best Defense is an Alibi - proof that the accused was at a different location and could not possibly have committed the crime.

Problems with Eye Witness evidence – the malleability of memory.

The role of Forensic evidence in clearing the wrongfully accused.

There is a long list of possible defenses to crimes - please review them.

Not Criminally Responsible

Automatism (Insane and non-Insane)

Provocation

Duress

Necessity

Entrapment (The Confession documentary)

The defense of self defense is acceptable in Canada - a person can use as much force as is necessary to stop the immediate threat against them. Example: The Truta Brothers beating a would-be home invader.

Prolonged abuse is an acceptable defense in Canada.

Please check the chapter review and your notes for more examples of defenses and some good case examples.

Youth Criminal Justice Act

April, 2003 (YCJA) - it replaced the Young Offenders Act.

It's part of the criminal code and deals with how we handle youth from the ages of 12 - 17.

A Child of 11 years or younger is considered too young to be dealt with in the criminal justice system.


The YCJA expands the role of rehabilitation services for youths.

Youths have the same rights as adults under the Charter. Youths have additional rights under the YCJA.

Programs of extrajudicial measures and sanctions are designed to deal with youth outside the court system.

The Supreme Court decided that reasonable grounds must exist before using sniffer dogs in school searches.

Youths age 14 and up will be tried as adults for serious crimes but they'll be tried in Youth Justice Court.


The names of youths are not to be published. However, youths aged 14 - 17 who have already been convicted of a serious crime will have their names published.

Sentencing of youth to jail time is a last resort.