Summary offence

Certain offences are restricted under one jurisdiction and this is called the absolute jurisdiction. For these offences, the accused does not get an election. The mode of trial in provincial court is judge alone and in superior court, it is either judge alone or judge and jury. The accused has an election if charged with either an indictable offence that does not fall under CCC sections 469 or 553 or a hybrid offence where the Crown proceeds by indictment. The…

The debate proposition is that Canada should continue to prohibit public hate speech via the Criminal Code and human rights laws to protect select identity communities from harm. This debate paper will explore the different types of hate speech offences, their consequences, and the available defences. Additionally, it will look at the lived perspectives of the Indigenous and Chinese communities. Finally, it will present…

driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident. Criminal The Criminal courts deal with criminal matters. Summary, indictable and either-way offences all go through the criminal courts. If Sam’s case was to go through…

Trial by Jury What is a Jury? – A jury can be simply defined as a body of people that are sworn to give a verdict on a particular matter that is submitted to them. Also a jury is a group of people that attends in judgement not only upon the accused but also upon the justice and humanity of the law. Role of a jury – The jury fulfils a very important function in the legal system. The jury decides the facts of a case and their directions. You are entitled to be tried by the jury unless the alleged…

Issue one: Whether the court has jurisdiction to try Scampie for the offences involving Magneto? The general principle is that a State only has jurisdiction to try offences that are committed within its borders. However, legislation has acted to artificially extend a country’s physical boundaries for the purpose of jurisdiction. In Cox v. Army Council [1963] AC 48, HL, the words “or which, if committed in England, would be punishable by that law” found in section 70 of the Army Act, 1955 was…

In order for the government to truly consider it a tool to be used by the citizens of a given country, the laws must reflect the decision-making possibilities that any Canadian adult is entitled to make. With tobacco and alcohol, the government has provided regulation in a previously unruly set of industries in order for adults to make informed decisions. Sadly this has not been the case for recreational drugs. The laws currently in place restrict the use of recreational drugs. In this paper,…

effects on those who are victimized, on families, and on the community. As a result, firearm-related violent crime is a significant social concern. In addition, about one in five (21%) firearm-related deaths in Canada is the result of a criminal offence, while the majority (79%) are the result of suicide, accident, or legal intervention. What Laws Control Firearms in Canada? Primarily firearms are regulated by the Firearms Act and by Part III of the Criminal Code. The Firearms Act set out…

Topic: Release and Reintegration Summary: Release and reintegration was the last step in learning about how the criminal justice system functions. To me, this was one of the most important topics as it deals with offenders being released from the system and reintegrating into the broader community. The lecture and required readings informed us on the ways that convicted offenders can be released from prison and placed on parole. Parole allows the prisoners to be reintegrated into the community…

Attempt is an inchoate offence meaning it became an offence in order to stop criminal acts before they properly occurred. The law of attempt is one of the most contentiously debated topics in criminal law; mainly because the legislation is intolerably unclear and it is often left to the discretion of judges to interpret. The fact that a criminal offence has not yet occurred means that in some situations it is hard to determine whether there was intent to commit the offence and whether the…

Enid it must be satisfied that she was in the act of, or there were reasonable grounds for suspecting that she was committing an indictable offence in order to meet the requirement of ss24a (1)(a) of PACE 1984. Criminal damage would be the offence in this case which is a triable either way offence therefore is indictable. Amjit…