Chapter 2/Tutorial

Question 1

Summary Offences

Answer 1

• Less serious offences, theft under 5000
• Proceed directly to trial in Provincial Court
• Generally result in maximum sentence of 6 months/5,000 fine

Question 2

Indictable Offences

Answer 2

• More serious offences: murder robbery, assault
• Often involve preliminary hearing, determine if sufficient evidence exists to proceed to trial
• May result in lengthy term of imprisonment (life sentence)

Question 3

Hybrid Offences

Answer 3

• Majority of criminal offences in Canada fall under hybrid offences
• Hybrid offences can be proceeded on by way of summary conviction or indictment
• Crown prosecutor (not the accused offender) decides whether to proceed by way of summary conviction or indictment

Question 4

The Constabulary

Answer 4

• England didn’t have regular police force until after the norman conquest in 11th century
• See emergence of “comes stabuli,” a mounted horseman who led the posse
• Comes Stabuli = officer of the stable
• Constable = “police officer of the lowest rank”
• Constabulary = “an organized body of police”

Question 5

The Shire Reeve

Answer 5

• Shire reeve was “the top law enforcement official in the country
• In charge of a “shire” equivalent of a modern day county

Question 6

Sheriffs in Canada?

Answer 6

• Provinces are responsible for policing within their provincial jurisdiction
• Provinces may form their own provincial police force eg Ontario Provincial Police- or enter into contract with RCMP to provide provincial policing
• Municipalities are responsible for policing within their own municipal jurisdiction

No sheriffs in Canada, they only appear in the court room.

Question 7

Sentencing….

Answer 7

• In adult criminal court, most common outcome in finding of guilt (60%)
• After finding of guilt, sentences can range from absolute discharge, up to life in prison with no chance of parole (25 years)
• Over 50% of cases dealt with via absolute or conditional discharge, community service order, prohibition order, suspended sentence
• Most common sentence is probation (45%)
o Sentence is served in the community (under conditions) with supervision of probation officer
o Average probation sentence 1 year

Question 8

3 Constitutional Rights

Answer 8

Magnna Carta: • Canadian criminal laws can be traced back to magna carta means “great charter”
• Magna carta interpreted in 1613 legal decision to support rights of individuals, guarantee basic liberties for all citizens
• Can be found 1982 Canadian charter rights and freedoms

Habeas Corpus: “You have the body”
• Another old English legal tradition, carried forward into Canadian law
• Intended to prevent capricious, corrupt or unfair imprisonment by allowing a prisoner to challenge lawfulness of his/her imprisonment

Right to reasonable bail: • Sec.7 “everyone has right not to be arbitrarily detained or imprisoned
• Sec.11 “any person charged with offence has right not be denied reasonable bail without just cause

Question 9

What is Constitutional Law

Answer 9

• 1982 Charter of Rights and Freedoms restricts power of the state, and protects rights of individuals:
o Everybody has right to life, liberty and freedom, and the right not to be deprived thereof except in accordance with principles of fundamental justice
o Everybody has right to be secure against unreasonable search and seizure
o Has right not to be arbitrarily detained/imposed

Question 10

Mala in Se and Mala Prohibita

Answer 10

Mala in Se: Something that is evil. People across the countries believe that this is plain wrong.

Mala Prohibita: Acts that are illegal because prohibited. Differs from culture to culture.
Ex: Adultery, homosexuality

Question 11

Criminal Defenses

Answer 11

• Partial defences, e.g. intoxication, or an alibi
o Intoxication: Issue of whether defendant was fully able to form mens rea/criminal intent
o Alibi raises issue whether defendant was at crime scene, thus able to commit alleged act
• True defences, e.g., mental disorder, acting in self-defense
o Defendant admits to committing crime, incapable or knowing the act was wrong due to mental disorder
o Defendant admits committing crime, did not form necessary criminal intent because he/she was defending himself/herself
• Common law defences, e.g., duress
o Defendant admits to committing crime, but did not form necessary criminal intent because he/she did so under threat of bodily harm/serious injury