CRIM 101 Lecture Notes - Lecture 2: English Criminal Law, Mens Rea, Ontario Provincial Police
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Criminal Law in Canada
Criminal Law
• “The entire set of principles, procedures and rules established by
governments through the courts and criminal code in order to ensure
public safety” (jone, 2015)
• Includes definitions of crimes, criminal responsibility, punishments,
and defences to criminal charges
• Criminal laws include both a prohibition, and a prescribed punishment
Criminal Law and Civil Law
Criminal Law
• Violation of public order, prosecuted by “the state”
• Finding of guilt or innocence
• Burden of proof: beyond a reasonable doubt
• Results in criminal penalties (eg. Imprisonment) (jones, 2015)
Civil Law
• Infringement of contract or rights of another citizen
• Party who feels “wronged” brings civil suit
• Burden of proof: balance of probabilities
• Results in an award of damages (eg. Monetary compensation)
(Griffiths, 2011)
The Origins of Criminal Law
• Most of the criminal laws in Canada- murder, robbery, assault- were
inherited from English common law
• England does not have a criminal code per se; rather English criminal
law operates on the principal of “common law”
• Canada adopted its own
Criminal Code
in 1982, although it retained
to power to create common law until 1950s
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Common Law
• English body of law defined through successive decisions by judges,
over generations and even over centuries (common law is not
defined through legislation)
• Canadian judges are permitted to exercise discretion in their
decisions, and often write detailed legal explanations to justify their
decisions (similar to common law)
• Common law crimes were abolished in Canada in 1953, when the
Canadian
Criminal Code
was consolidated
• Some legal decisions (eg. Supreme Court of Canada decisions) can
become binding on lower courts, but Canadian judges are still
bound/constrained by legislation (eg. the
Criminal Code)
The Canadian Criminal Courts
• Adjudication of criminal cases divided between two levels of court-
provincial or territorial “superior courts,” and provincial or territorial
“inferior courts”
• Provincial and territorial superior court judges are appointed by the
federal government, but the courts are administered and paid for by
the provincial or territorial governments
• Superior courts deal with the most serious cases, both criminal and
civil
• Provincial and territorial court judges are appointed by the provincial
or territorial governments; again, courts are administered and paid
for by the provinces or territories
• Provincial and territorial inferior courts have jurisdiction over less
serious criminal and civil matters
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Provincial Superior Courts
Superior Court-Trial
• Called Supreme Court of British Columbia, Court of Queen’s Bench in
Alberta, Superior Court of Justice in Ontario
• Deals with serious criminal and civil cases; may hear appeals of
decisions made by provincial/territorial court
• Cases may be heard by judge alone, or by judge and jury
Superior Court-Appeal
• Called B. C. Court of Appeal, Court of Appeal of New Brunswick,
Appeal Division of the Supreme Court in Prince Edward Island
• Hears appeals of decisions (criminal and civil) made by
provincial/territorial court and superior court trial division
• Cases heard by three Appeal court judges
The Court Hierarchy
• Supreme Court of Canada has jurisdiction over Superior Court Appeal
and Trial Divisions and over inferior courts
• Superior Court of Appeal has jurisdiction over Superior Court Trial
Division and Provincial (inferior) Court
• Superior Court Trail Division has jurisdiction over Provincial (inferior)
Courts
• Supreme Court of Canada hears fewest number of cases, and hears
only those cases it considers important; makes decisions/sets
precedents binding on lower courts
• Superior Court Appeal Division hears fewer cases than Trial Division
or Provincial/Territorial Courts, but more cases than Supreme Court of
Canada; makes decisions and sets precedents binding on Superior
Court Trial Division and Provincial/Territorial Courts
• Superior Court Trial Division hears fewer cases than
Provincial/Territorial Courts, but hears many more cases than
Superior Court Appeal Division; makes decisions/sets precedents
binding on Provincial/Territorial Courts
• Provincial/Territorial Courts hear the majority of cases- all summary
conviction offences, hybrid offences, some indictable offences, bail
hearings, preliminary inquiries, violations of provincial statues,
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