Download Criminal Law: Canada and the World

CRIME & MORALITY
CLN4U – Mrs. Striftobolas
• According to section 91 of the Constitution, authority
over criminal is given to the federal government.
• The department responsible for criminal law is primarily
the Department of Justice.
Criminal Law in Canada
• Establish the RCMP
• establish penitentiaries
• appoint judges to county, district and superior courts of
the province and to the Supreme Court of Canada and to
the Federal Court of Canada.
The Federal Government
The laws governing criminal
law are:
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The Canadian Criminal Code (CCC)
The Food and Drug Act
The Narcotic Control Act
The Indian Act
etc...
• The Prov. Gov’t may make criminal laws to regulate
certain areas within their power.
• The departments responsible for quasi-criminal law are
the ministry of the Attorney-General and the Ministry of
the Solicitor General.
• Consequences are not as serious as contravention of a
criminal code statute.
• No criminal record results from contravention of quasicriminal or regulatory law,
• the sanction is usually less serious than in cases
contravening criminal law.
Provincial Role:
• Create provincial police forces
• Establish prisons and reformatories
• Appoint judges to the provincial court
• Provincial Laws include:
• The Liquor Licence Act
• The Highway Traffic Act, etc...
The provincial
government may:
• Crime = ACTUS REUS + MENS REA
• Actus Reus: “guilty act”; voluntary conscious act or
omission
• Mens Rea: “guilty mind”; intentional, knowing, reckless
• http://www.youtube.com/watch?v=KNDYkwGvVZs
The Criminal Equation
• The physical component of the crime is where someone
does something which is contrary to the Criminal Code of
Canada
• For some offenses, a failure to act is a crime
• To be criminal, an act must be voluntary and conscious
Actus Reus: What is it
really?
• To be punishable, the accused must have the necessary
mental element to make the actions punishable
• There is a “guilty mind” where a person intentionally
does the forbidden act with the knowledge of all the
wrongful circumstances which the statute seeks to
prohibit
Mens Rea:
• Consciously closing one’s mind to the consequences of
one’s acts, called wilful blindness, is not a legal defence
and does not negate criminal intent
• Mens Rea is essentially a matter of intent. Intent can
reflect purpose or desire and the degree of the offender’s
knowledge of the consequences of his or her actions.
Mens Rea: Continued
• There is a relationship between morality and criminal
law.
• What makes an action immoral?
• Rules by which you personally distinguish right from wrong
may not be the same as others…for example: Gambling!!!
• For some actions, issues of right and wrong are entirely
matters of personal conscience.
Relationship Between Law and
Morality
• There are moral values that we share as a society
• Ex: Value of life
• Condemnation of Murder
Therefore; Moral Values
• England 1957: Wolfden Report – examined
homosexuality, which was treated as a crime (at this
time!!!)
• Wanted legalization of these activities performed in
private.
• Did not believe it was right to punish conduct simply
because it was disapproved of or thought immoral.
What Immoral acts should be
made illegal???