CRIM 230 Chapter Notes - Chapter 1: True Crime, Constitution Act, 1982, Indictable Offence
25 May 2017
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Document Summary
Essential to recognize importance of legal defs & categories b/c have enormously practical consequences. E. g. legal def of crime - matter of critical significance b/c only parliament of. Canada has jurisdiction under constitution act, 1867 to enact criminal law & thereby create crime. Jurisdiction of parliament - known as federal criminal law power. Manner in which indiv crimes categorized determines how they are tried & penalties that may be imposed on conviction. In canada, crime consists of 2 major elements. Conduct prohibited b/c considered to have evil/injurious/undesirable effect upon public. Penalty that may be imposed when prohibition violated. Prohibited conduct may include not only actions but also failure to act when there is legally imposed duty to take action. Penalty may range from fine to sentence of imprisonment. Summary conviction offences - may be tried only before provincial/territorial court judge/justice of the peace sitting alone. Maximum penalty - fine of /sentence of six months in prison/both.
