Criminal Law Ch.6

Question 1

Crime

Answer 1

An act or omission of an act that is prohibited and punishable by federal statute. The omission of an act if the failure to act in certain situations, although this is only illegal in Québec (for example, if a person is drowning it is illegal not to help them), but not in other provinces, including British Columbia, unless it is your employed duty (for example if you are a lifeguard). The Law Reform Commission of Canada has said that, in general, four conditions must exist for an act or omission to be considered a crime. These are as follows: the act is considered wrong by society, the act causes harm to society in general or to those, such as minors, who need protection, the harm must be serious, and the remedy must be handled by the criminal justice system. A crime is considered to be an offence against society as a whole.

Question 2

Criminal Law

Answer 2

The body of laws that prohibit and punish acts that injure people, and society as a whole. It is the government’s responsibility to investigate and act against people who commit crimes. The main purpose of criminal laws are to protect people and property, to maintain order, and to preserve standards of public decency.

Question 3

Criminal Code

Answer 3

The Criminal Code of Canada is a federal statue that contains the majority of criminal laws passed by Parliament. It lists both offences and sentences to be imposed, as well as the procedures to follow when trying those accused of a crime. In some cases, technology may create the need for developing new laws, and outdated laws can be revised or repealed.

Question 4

Criminal Code Prior To Confederation

Answer 4

Before Confederation, each province was responsible for its own criminal laws, and there was a total reliance upon British statutes and precedents in order to make decisions. Prime Minister John A. MacDonald, however, believed that the entire country should have a single, uniform set of criminal laws that would eliminate some of the confusion and unfairness that existed during the time. Section 91 (27) of the Constitution Act of 1867 granted the federal government the authority to make criminal laws. The code has since been amended every year. In 1892, the Canadian Parliament passed a statute called the Criminal Code of Canada, which outlined the precedents and procedures in a a single statute.

Question 5

Provincial Jurisdiction

Answer 5

Although the Parliament of Canada has exclusive jurisdiction to establish and revise criminal law for the whole country, legal authority for administering the criminal justice system is shared between federal and provincial governments. The Provincial government has the power to pass laws on matter within their jurisdiction, and each province appoints its own judges and pays for and administers its own system. They also have the power to pass laws on matters that fall under their own jurisdiction, such as traffic and liquor regulations.

Question 6

Quasi- Criminal Laws

Answer 6

Laws covering less serious offences at the provincial and municipal level, most often punishable by fines. These are not considered part of criminal law, but “quasi-criminal law”. Such laws may not ben the same in every province, and therefore differ according to the needs of each province.

Question 7

Actus Reus

Answer 7

Actus reus is considered to be one of the elements of a crime. It is the psychical “guilty act”, the voluntary action, omission, or state of being that is forbidden by the Criminal Code. In most cases, a criminal act must be completed to meet the criteria of acts reus. Actus reus must be voluntary (for example assault, or, in cases of omission, failing to feed your child). Being in possession of narcotics or stolen goods is also considered acts reus, as it also applies to a “state of being”.

Question 8

Mens Rea

Answer 8

Mens rea is considered to be one of the elements of a crime. It is a deliberate intention to commit a wrongful act, with reckless disregard for the consequences. In Latin, the word means “the guilty mind”, and implies moral guilt. The Crown can establish mens rea by showing that the accused had the intent to commit an offence or knowledge that what he or she did was against the law.

Question 9

The Components of Mens Rea

Answer 9

In order to qualify as mens rea, the act must have been either intentional, knowing, negligent, reckless, or wilfully blind (acronym- WINKR).

Question 10

Intent

Answer 10

This is a component of establishing mens rea. It is a state of mind in which some desires to carry out wrongful action, knows what the results will be, and is reckless regarding the consequences. This differs from motive, which is not one of the elements of the offence that the Crown must prove to convict the accused, in that a motive is the reason the person commits a crime, whereas intent refers to the individual’s state of mind and willingness to break the law. There are two kinds of intent, General and Specific.

Question 11

General Intent

Answer 11

To desire to commit a wrongful act, with no ulterior motive or purpose. To commit a crime for its own sake. For example, if some strikes another individual simply to vent his anger psychically, it is considered a case of General Intent, and to establish mens rea, the Crown must simply prove that the person did strike the other individual.

Question 12

Specific Intent

Answer 12

The desire to commit one wrongful act for the sake of accomplishing another. For example, if a person strikes another individual for the sake of obtaining money or other valuables from him, it would be considered a Specific Intent case. In order to prove mens rea, the Crown must show that the individual was both assaulted and that his assailant had the specific intent of stealing from him (or whatever the motive was in the particular case).

Question 13

Knowledge

Answer 13

This is one of the components of mens rea. It is an awareness of certain facts that can be used to establish mens rea. According to the Criminal Code, everyone who uses, deals, or acts upon something illegal is guilty of the offence.

Question 14

Criminal Negligence

Answer 14

This is one of the components of mens rea. It is wanton or reckless disregard for the lives and safety of others, sometimes causing injury or death. An individual is criminally negligent if they have done anything- or have omitted to do something- that is their duty to do so. It is the failure to act.

Question 15

Recklessness

Answer 15

This is one of the components of mens rea. It is defined as consciously taking an unjustifiable risk that a reasonable person would not take. It is overt action, as opposed to passive, as occurs in cases of criminal negligence.

Question 16

Wilful Blindness

Answer 16

This is one of the components of mens rea. It is defined as the deliberate closing of one’s mind to the possible consequences of one’s actions.

Question 17

Regulatory Laws

Answer 17

In some less serious offences, the Crown does not have to establish mens rea. These are called regulatory laws, and they federal or provincial statutes meant to protect public welfare (for example the environment or conditions within the workplace). In writing these laws, legislators must include words such as “wilfully” or “with intent” is they wish to show the Crown must establish mens rea, but when such words have not been included, it is assumed that the offences do not required mens rea, and are therefore regulatory laws.

Question 18

Liability

Answer 18

Legal responsibility for a wrongful action. Offences that do not require mens rea can be grouped into two liability categories, strict liability offences and absolute liability offences.

Question 19

Strict and Absolute Liability

Answer 19

Offences that do not require mens rea can be grouped into two liability categories, strict liability offences and absolute liability offences.

Question 20

Strict Liability Offences

Answer 20

Offences that do not require mens rea, but to which the accused can offer the defence of due diligence, despite acknowledging the the offence indeed occurred.

Question 21

Due Diligence

Answer 21

The defence that the accused took every reasonable precaution to avoid committing a particular offence.

Question 22

Absolute Liability Offences

Answer 22

Offences that do not require mens rea and to which the accused can offer no defence. Once the Crown has established that the offence took place and the accused was responsible for it, the court must find them guilty. For example, driving without a licence or exceeding the speed limit are examples of absolute liability offences.

Question 23

Involvement in a Crime

Answer 23

Many crimes require the work and involvement of many people. The legal terms for the different participants in a crime are as follows: perpetrator, aiding, abetting, counselling, and accessory after the fact.

Question 24

The Perpetrator

Answer 24

One of the legal terms for a participant in a crime. The perpetrator is the person who actually commits the offence. When more than one person is directly involved in committing a crime, they are called “co-perpatrators”.

Question 25

Parties to an Offence

Answer 25

Those who are indirectly involved in committing a crime.

Question 26

Aiding

Answer 26

One of the legal terms for a participant in a crime. Aiding is a criminal offence that involves helping a perpetrator commit a crime. These are considered “parties in offence”. Someone aiding a crime does not have to be psychically present while the offence is committed. An individual is not considered guilty of aiding (or abetting) a crime unless that a criminal intention was intended and must have committed some action that assisted the perpetrator.

Question 27

Abetting

Answer 27

One of the legal terms for a participant in a crime. Abetting is the crime of encouraging the perpetrator to commit an offence without providing psychical assistance. Although it is not specifically stated, it implies being present during the offence. An individual is not considered guilty of abetting (or aiding) a crime unless that a criminal intention was intended and must have committed some action that assisted the perpetrator.

Question 28

Counselling

Answer 28

One of the legal terms for a participant in a crime. The crime of counselling involves advising, recommending, or persuading another person to commit a criminal offence. An individual who counsels does not have to be at the scene of the offence to be considered guilty.

Question 29

Accessory After the Fact

Answer 29

One of the legal terms for a participant in a crime. An individual who knowingly receives, comforts, or assists a perpetrator in escaping from the police.

Question 30

Party to Common Intention

Answer 30

The shared responsibility among criminals for any additional offences that are committed in the course of a crime they originally intended to commit. Under this law, all of the participants of the original crime will be held responsible for any other offences they committed in the process. All participants, therefore, can be charged with all of these additional crimes even though they were not directly involved in the them. For instance, if six people hijack a security truck and one of them shoots and kills the driver, all six can be charged with murder.

Question 31

Incomplete Crimes

Answer 31

Due to actus reus and mens rea, a criminal act must be completed for a crime to exist. There are, however, exceptions to this rule, which are covered under laws governing incomplete crimes. There are two major types of incomplete crimes: criminal attempt and conspiracy.

Question 32

Attempt

Answer 32

This is a type of incomplete crime. It is the intention to commit a crime, even when the crime is not completed. Under this law, an individual can be charged with a criminal intent (ex. “attempted murder”). This means that the individual had the intent to commit a crime but, for some reason, failed to do so. An attempted crime does not require the standard actus reus; instead, the guilty act begins when preparation turns into an action required to commit the offence. Mens rea can also be established as occurring at the beginning of an illegal act.

Question 33

Conspiracy

Answer 33

This is a type of incomplete crime. It is an agreement between two or more people to carry out an illegal act, even if that act does not actually occur or if the conspirators change their mind before the crime is put into action.