CRM 200 Lecture Notes - Lecture 2: Common Law Offence, Sylvia Fedoruk, Legal Certainty
14 Dec 2015
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Section 9 of criminal code: no one should be convicted of offence under common law. Value of legal certainty: a person should know the laws they are subject to, section 11. 11(a) right to be informed of rights with reasonable time. Frey v. fedoruk (1950: on reluctance of judges to create common-law offences. It could introduce great uncertainty into the administration of criminal law. It would leave too much room for judges individual view. Comparison with uk: judges are allowed to create common-law offences (cid:1) (cid:1) (cid:1) (cid:1) law. An offence that stands alone from trial matter itself. Una v. alberta: contempt of court was used, 2 aspects. Accused can have idea or know what conduct is unacceptable. Even in common law offence there"s fault element that needs to be proved without a reasonable doubt. What does it mean: inappropriate behaviour in court. Roach says: notes that it"s the only common law offense.
