Law 2101 Lecture Notes - Lecture 6: Youth Criminal Justice Act, Actus Reus, Summary Offence
Document Summary
An act or omission considered to be a wrong against society. Prosecuted by the state in criminal proceedings. Reserved for the most serious harms in society. Civil cases brought by individuals: smith v. jones. Criminal cases brought in the name of the state: the queen against jones, r. v. jones. Civil: plaintiff and defendant, balance of probabilities (more than 50%) Criminal: plaintiff= crown or the prosecution, defendant+ the accused or defendant, victim, complainant, beyond a reasonable doubt (crown must prove/ crown has the burden of proof) Does(cid:374)"t ha(cid:448)e to (cid:271)e (cid:1005)(cid:1004)(cid:1004)% or greater than 50% 91 and 92, constitution act, 1867: once a british colony; derives from british common law. All crimes statutory: controlled drugs and substances act, criminal code. Criminal power is a state power in the usa. Criminal law in canada being uniform across the country (all crimes within each province are the same: federal statute and federal matters.