CRMN 3053U Lecture Notes - Lecture 2: Sexual Assault, Dangerous Driving, Indictable Offence
25 Sep 2018
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Classification of offences; modes of trial; criminal court system. Legislating on criminal law and procedure (s 91(27)) Regulation of property and civil (cid:396)ights i(cid:374) the p(cid:396)ovi(cid:374)ce (cid:894)(cid:858)(cid:395)uasi- criminal law) (e. g. , regulation of highways, hunting) (s 92(13)) Establishment of provincial (s 101) courts (s 92(14)) Has power to establish courts in that province. Establishment, maintenance, and management of penitentiaries (s 91(28)) management of public and reformatory prisons in a province (s 92(6)) Classification 2: summary, indictable, hybrid: summary conviction offences. Dealt with rapidly, without preliminary inquiry, through simpler procedure: indictable offences. More serious and complex: hybrid offences. At a discretion of the prosecutor, tried as summary or indictable offences. Have summary conviction because there needs to be flexibility. Classification of offences: are these offences summary, indictable or hybrid: trafficking in controlled substances: s 5 of controlled drugs and substances. Indictable for substances in schedules i and ii; Hybrid for substances in schedules iii-v: theft: ss.
