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Criminal Code > Crim Code- Lecture 2 > Flashcards

Crim Code- Lecture 2 Flashcards

1
Q

what is the criminal code

A
  • peace of legislation (statute)
  • an act respecting the criminal law
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2
Q

what does the criminal code govern

A

criminal offences across Canada

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3
Q

what does the CC primarily set out

A
  • substantive provisions
  • procedural provisions
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4
Q

what are substantive provisions

A
  • criminal offences
  • defences
  • (body of law concerned with rights and obligations)
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5
Q

body of law concerning with rights and obligations

A

substantive provisions

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6
Q

what are procedural provisions

A

how to enforce and defend substantive provisions

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7
Q
A
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8
Q

how to enforce and defend substantive provisions

A

procedural provisions

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9
Q

what is a criminal offence

A

a crime

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10
Q

what is a criminal defence

A

the response to the criminal offence

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11
Q

external circumstances refers to what

A

actus reus

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12
Q

mental element refers to what

A

mens rea

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13
Q

what does commentary overview in the annotated CC

A

not the law but the discussion of the law by the authors of the annotated version

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14
Q

describe “parts” in the annotated CC

A

CC is divided into parts by theme

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15
Q

describe “sections” in the annotated CC

A
  • this is the actual law
  • (will be bolded)
  • divided into subsections, clauses, and subclauses
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16
Q

describe “case law” in the annotated CC

A

outlines important cases relevant to that section, often grouped by theme

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17
Q

describe “related provisions” in the annotated CC

A

outlines the other sections of the CC that are related to this section

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18
Q

what outlines the other sections of the CC that are related to this section

A

related provisions

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19
Q

what outlines important cases relevant to that section

A

case law

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20
Q

what is the discussion of the law by the authors of the annotated version

A

commentary

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21
Q

what are four crimes against persons

A
  • rape
  • assault
  • murder
  • defamation
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22
Q

crimes against persons

A

those that are committed against individuals

23
Q

crimes against property

A

those that involve the theft or damage of property

24
Q

what are four examples of crimes against property

A
  • theft
  • robbery
  • fraud
  • embezzlement
25
Q

crimes against society

A

those that threaten the safety and security of the community as a whole

26
Q

give four examples of crimes against society

A
  • terrorism
  • drug offenses
  • weapons offenses
  • crimes against the state
27
Q

those that are committed against individuals

A

crimes against persons

28
Q

those that involve the theft or damage of property

A

crimes against property

29
Q

those that threaten the safety and security of the community as a whole

A

crimes against society

30
Q

what are the types of sections

A
  • general sections (definitions, setting framework, other relevant info)
  • sections that create offences
  • that set out punishment
  • that create defences
  • that outline processes
31
Q

is commentary law

A

no

32
Q

what is usually found immediately after the section in the annotated CC

A

commentary

33
Q

what does commentary do if the section is an “offence” section

A

outline actus reus and mens rea

34
Q

is case law in the CC

A

no, only the annotated one

35
Q

what helps to guide on evidentiary and/or legal issues related to the interpretation of the section

A

case law

36
Q

can you find other legislation like the charter or CEA in the annotated CC

A

yes

37
Q

can you find forms of charges in the annotated CC

A

yes

38
Q

what is general intent

A

i intended to do the action

39
Q

what is specific intent

A

i intended to cause the specific harm with the action

40
Q

yes

A

can you find forms of charges in the annotated CC

41
Q

i intended to do the action

A

what is general intent

42
Q

what can be found in s1 of CC

A

short title

43
Q

what can be found in s2 of CC

A

definitions

44
Q

what can be found in s4 (3)

A

possession “shall be deemed”

45
Q

what can be found in s7 of CC

A

the exceptions to s6(2)- offences outside canada

46
Q

what can be found in s7(3.7)

A

Juristiction issues outside canada

47
Q

what can be found in s8(3) of CC

A

common law defences

48
Q

what can be found in s9 of CC

A

criminal offences under law of canada
- can only be convicted of an offence under the Code or other statute

49
Q

what is contempt

A
  • criminal when public defiance of the court order to bring administration of justice into disrepute or behaviour intended to disrupt, hinder or delay crt process
50
Q

what can be found in s11 of CC

A

civil remedies not suspended/affected

51
Q

what can be found in s12 of CC

A

offence punishable under ore than one act
- rule against multiple convictions
- res judicata and stay of proceedings

52
Q

what can be found in s13 of CC

A

child under 12
- no person shall be convicted if they are under 12

53
Q

what can be found in s241.1-5 of CC

A

exemption for medical assistance in dying

Criminal Code (12 decks)

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