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Unit 3: Criminal Law

Unit 3: Criminal Law. Introduction. Crime in Canada. Do you feel safe where you live? What types of crime do you feel are most common in Canada and which ones are rare in Canada? Where is the safest place to live in Canada? Where is the least safe place to live in Canada?

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Unit 3: Criminal Law

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  1. Unit 3: Criminal Law Introduction

  2. Crime in Canada • Do you feel safe where you live? • What types of crime do you feel are most common in Canada and which ones are rare in Canada? • Where is the safest place to live in Canada? Where is the least safe place to live in Canada? • http://www2.macleans.ca/canadas-most-dangerous-cities/ • How many people are in Prison in Canada?- .13% of our population- close to 110 people pre 100,000- USA has an incarceration rate of 743/100,000 • http://www.thestar.com/news/canada/2012/10/23/federal_prison_population_in_canada_growing.html

  3. Crime and Criminal Offences • 4 conditions that must exist for an act or an omission to be considered a crime: • The act is considered wrong (immoral) by society • The act causes harm to society in general to those (such as minors) who need protection • The harm must be serious • The remedy must be handled by the criminal justice system • Crime is an offense against society, not just the direct victims but because of the repercussions that carry through the rest of the public • Crime affects all of society- if an item is stolen from a store, it affects not only the owner, but the general public, as prices go up to compensate for the item

  4. Purposes • There are three purposes to Criminal Law: • Protect people and property Ex. 2. Maintain order Ex. • Preserve standards of public decency Ex. *4. Preserve values of our society? - See Toronto Star article.

  5. Responsibilities of the Government • The Criminal Code is a federal document and therefore the federal government is responsible for creating and changing laws that represent what Canadians want. http://www.thestar.com/news/canada/2013/01/30/stephen_harper_more_toughoncrime_bills_coming.html • Through public surveys, statistics and trends, lawmakers can make changes to laws to reflect the results (however it doesn’t mean the changes will be related to those results as shown in the above article).

  6. Behaviour- Immoral/Moral • http://www.huffingtonpost.com/2013/04/26/omar-borkan-al-gala-deported-photos_n_3163282.html

  7. What is Immoral Behaviour? • The Criminal Code reflects what actions the government and often the majority of Canadians consider to be immoral behaviour • There are in truth many issues which are grey areas in terms of what Canadians feel are immoral behaviours (examples?) • Legal behaviour is anything that is not against the law and does not harm others • Illegal behaviour is anything that is considered wrong but it not criminalized- smoking on certain properties like school, speeding • Criminal behaviour is any act that has been made criminal by the government creating a law to oversee the behaviour • See page 15 in your textbook

  8. The Power to Make Laws • All crimes are treated the same across Canada • The Code is written and amended by the federal government- however the Supreme Court of Canada has a major influence on the law • When the SCC makes a ruling in regards to a law in the code it becomes a precedent or example/guide for future decisions • The Code indicates the immoral behaviour as well as what is needed to prove guilt and the possible punishment if found guilty

  9. Legal Rights in the Charter • “The Freedom to swing one’s arm ends where your neighbour’s nose begins” • Your rights cannot outweigh the Criminal code restrictions • However the Code cannot violate any Right or Freedom in the Charter

  10. Legal Rights in the Charter • The legal rights are long established precedents set by Canadian courts since about 1892 (right to a lawyer) • Trudeau created the constitution because he believe entrenched rights are more powerful and protective than rules based on precedents • See page 120

  11. The Criminal Code Read the following sections of the Criminal Code of Canada carefully. For each section, explain: • what the purpose of the law is; • what things would be necessary to prove someone guilty of this crime; • whether you agree or disagree with the law as stated. Can this law be changed in its wording at all?

  12. Section 177 • Section 177 of the Criminal Code states: Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

  13. Section 460 • Section 460 of the Criminal Code states: (1) Every one who (a) by an advertisement or any other writing, offers to sell, procure, or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or (b) purchases, obtains, negotiates, or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. • (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

  14. Section 252 • Section 252 of the Criminal Code states: (1) Every person who has the care, charge or control of a vehicle, vessel, or aircraft that is involved in an accident with: • (a) another person, • (b) a vehicle, vessel or aircraft, or • (c) in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, where possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

  15. Section 244 Section 244 of the Criminal Code states: Every person who, with intent: • (a) to wound, maim, or disfigure any person, • (b) to endanger the life of any person, or • (c) to prevent the arrest or detention of any person, discharges a firearm at any person, whether or not that person is the person mentioned in paragraph (a), (b), or (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years.

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