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29 Cards in this Set
- Front
- Back
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Why was the federal government given jurisdiction over criminal law? |
To strengthen it by giving it authority over matters common to the whole country |
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What are quasi-criminal laws? |
Laws passed by the provinces or municipalitites |
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Where can one find the most common crimes and their penalties listed? |
Criminal Code of Canada |
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How can you tell if an offence is summary or indictable? |
Summary conviction offences are minor offences Indictable offences are serious crimes |
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Give three differences in the procedures used for summary and indictable offences |
1. Summary concition offences: a person can be arrested or summoned to court without delay. Indictable offences: system is more complicated bc the charges are more serious 2. Max penalty for summary conviction offences: $2000 and 6 months imprisonment 3. Max penalty for indictable offence: Life imprisonment |
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How can you tell if an offence is hybrid (dual procedure)? |
If an offence can be either summary conviction offence or indictable conviction offence. |
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What important decision can the Crown attorney make for hybrid offences that she or he does not make for summary or indictable offences? |
Crown attoryney has the right to choose whether to proceed summarily or by indictment. |
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Name 4 purposes that Canadians feel can be fulfilled by criminal law. |
a) To protect people and property b)To discourage potential offender c) To rehabilitate those have already harmed society d) To punish (retribution) |
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What is the origin of Canadian Criminal Law? |
English case law, except for Quebec |
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What is the significnce of Section 21 (2) of the Criminal Code? |
A person who plans an offence is just as guilty as the person who commits the offence. |
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Identify the 2 federal courts and describe the responsibilities of each. |
a) Surpreme Court of Canada: Mainly hears appeals that may be from any Provincial court of Appeal or from the Federal Court of Canada b) Federal Court of Canada: Hears all claims against and by the federal gov.; disputes between provinces; and matters, except for criminal issues, that fall under federal jurisdiction as specified by the Constitution Act, 1867 |
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Why does criminal law exist? |
To protect people and society. |
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What are some of the possible causes of crime? |
Poverty and disregard for other people's rights and property. |
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Give 3 examples of law enacted in the past few years that indicate society's changing values and/or concerns. |
Drunk driving laws, anti-drug laws and gun laws. |
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List the condiitons that must exist for an action to be considered a crime according to the Law Reform Commission of Canada. |
It must be considered wrong and cause harm to other people, to society, or to those who need protection (such as minors). The harm must be serious in both nature and degree and be dealth with best through the mechanism of criminal law. |
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Perjury |
When a person deliberately does not tell the truth while under oath |
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A prior inconsistent statement |
A statement made at an earlier time in the judicial procedure, which contradicts more recent statements made by a witness. |
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Name and describe the two element that must exist for a crime to be committed. |
Actus reus, the perpetrating of a crime. Mens rea, the intention to commit a crime must be exist for a crime to have been committed. |
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Describe the concept of onus. |
since a person is presumed o be innocent until proven guilty, the onus or responsibility for proving actus reus and mens rea is on the Crown. |
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Actus reus does not always require an action to be committed. Give an example of such a circumstance. |
For some offenses, the actus reus can result from not doing something. For examples, withholding necessitates from someone you are legally obligated to provide for would be a wrongful action. |
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What is motif? With what is it frequently confused? |
Motive is the rationale for committing an offense. It is frequently confused with intent. |
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Compare recklessness with willful blindness. |
Recklessness - involves a person who risks taking an action knowing that the result will be a crime Wilful blindness - involves a person who declines to consider whether or not it is a wrongful action because the person does not want to know the truth |
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What is the defense of due diligence? |
Is that the accused took reasonable care not to commit the offense or honestly believed in a mistaken set of facts that would have rendered the act of omission innocen if they were true. |
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When does an attempt being? |
The moment preparation turns into some step toward the commission of offense. |
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What is conspiracy? |
An agreement between two or more persons to carry outa unlawful action or to person a lawful action by unlawful means. |
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Referring to section 21 (1) of the criminal code of Canada, state who may be a party to an offence. |
A person who commits an offence, aid a person to commits an offence, or abets a person in committing an offence is defined as a party to an offence. |
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Distinguish between "aid" and "abet". |
Aid - to assist the principal offender in the commission of the crime Abet - to encourage someone to commit a crime |
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What is the significance of section 21 (2) of the criminal code? |
It states that a person who plans an offence is just as guilty as a person who actually commits the offence. |
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Says who may be an accessory after the fact. |
Any person who helps someone, who has committed s crime to escape detection or capture as outlined in section 23 of the code. |
