CrimeCrime

CLN4UCLN4U

Legal DefinitionLegal Definition

In Canada, a crime can be defined as any In Canada, a crime can be defined as any act or omission, the doing of which is an act or omission, the doing of which is an offence under federal legislationoffence under federal legislation

Some examples of federal legislation Some examples of federal legislation outlining crimes are:outlining crimes are: Criminal CodeCriminal Code Child and Youth Justice ActChild and Youth Justice Act Narcotic Control ActNarcotic Control Act Food and Drugs ActFood and Drugs Act Income Tax ActIncome Tax Act

Legal DefinitionLegal Definition

In Canada, only offences defined in In Canada, only offences defined in federal law can actually be called federal law can actually be called crimescrimes

Offences covered by provincial or Offences covered by provincial or municipal law (and for which there municipal law (and for which there is punishment) are called is punishment) are called penal penal offencesoffences or regulatory offences or regulatory offences

Legal DefintionLegal Defintion

Crimes such as murder, robbery, sexual Crimes such as murder, robbery, sexual assault, burglary, and theft are defined assault, burglary, and theft are defined by the federal criminal codeby the federal criminal code

Other offences such as tax evasion and Other offences such as tax evasion and drug trafficking are defined by specific drug trafficking are defined by specific acts of parliamentacts of parliament

A provincial or municipal offence is A provincial or municipal offence is NEVERNEVER a criminal offence a criminal offence

The Criminal EquationThe Criminal Equation

ACTUS REUS + MENS REA = ACTUS REUS + MENS REA = CRIMECRIME

Actus ReusActus Reus Literally, the "guilty act“Literally, the "guilty act“

This is the physical act of an action that is This is the physical act of an action that is contrary to a lawcontrary to a law

The prohibited physical act must beThe prohibited physical act must be voluntary actsvoluntary acts (wilful, conscious acts - you (wilful, conscious acts - you meant to do it)meant to do it)

The statutory provision creating the offence The statutory provision creating the offence will usually specify the conduct required for will usually specify the conduct required for actus reusactus reus

Example from Criminal CodeExample from Criminal Code 253. Every one commits an offence who operates

a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

In this example, the criminal offence is for an act. In addition, the actus reus has two parts: Operating, having care, control or assisting the

operation (varies with the vehicle) Impairment (two standards given)

Another exampleAnother example Actus reus provided by an omission to act :Actus reus provided by an omission to act :

252.252. (1) Every person commits an offence who has the (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft care, charge or control of a vehicle, vessel or aircraft that is involved in an accident withthat is involved in an accident with

(a) another person,(a) another person, (b) a vehicle, vessel or aircraft, or(b) a vehicle, vessel or aircraft, or (c) in the case of a vehicle, cattle in the charge of (c) in the case of a vehicle, cattle in the charge of

another person,another person, and with intent to escape civil or criminal liability and with intent to escape civil or criminal liability

fails to stop the vehicle, vessel or, if possible, the fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where aircraft, give his or her name and address and, where any person has been injured or appears to require any person has been injured or appears to require assistance, offer assistance.assistance, offer assistance.

Mens ReaMens Rea Literally, the "guilty mind"Literally, the "guilty mind" Means one must have the necessary Means one must have the necessary

mental elements to make the actions mental elements to make the actions punishable under criminal lawpunishable under criminal law

A simplistic definition: where a person A simplistic definition: where a person intentionally does the forbidden act with intentionally does the forbidden act with the knowledge of all the wrongful the knowledge of all the wrongful circumstances which the statute seeks to circumstances which the statute seeks to prohibitprohibit

In order to have In order to have mens reamens rea, one must know , one must know of the existence of the facts that comprise of the existence of the facts that comprise the the actus reusactus reus

IntentIntent

Within the concept of Within the concept of mens reamens rea, , there are two possible types of there are two possible types of intentintent subjective intentsubjective intent objective intentobjective intent

Subjective IntentSubjective Intent

Concerns the accused's state of Concerns the accused's state of mind at the time of the guilty actmind at the time of the guilty act

Only the accused's actual intention Only the accused's actual intention or knowledge of the effects of his or or knowledge of the effects of his or her conduct mattersher conduct matters

Subjective IntentSubjective Intent Within subjective intent are two sub-Within subjective intent are two sub-

categories that are most important:categories that are most important:

RecklessnessRecklessness: consequences were not : consequences were not intended, or risk of consequences is intended, or risk of consequences is understood but act is committed anyway, the understood but act is committed anyway, the recklessness will form the subjective intent recklessness will form the subjective intent necessary for necessary for mens reamens rea..

Willful blindnessWillful blindness: person wondered about : person wondered about the consequences of actions, but doesn't the consequences of actions, but doesn't inquire with the idea that "What I don't know inquire with the idea that "What I don't know can't hurt me!" will have subjective intent can't hurt me!" will have subjective intent through willful blindness.through willful blindness.

Objective IntentObjective Intent

Has little to do with the accused's Has little to do with the accused's state of mindstate of mind

Looks at what a reasonable person Looks at what a reasonable person would have understood, perceived or would have understood, perceived or foreseen in the circumstancesforeseen in the circumstances

Very important for civil liability, less Very important for civil liability, less important for criminal liabilityimportant for criminal liability

No Mens Rea?No Mens Rea? While most Criminal Code offences While most Criminal Code offences

require full require full mens reamens rea, there are some , there are some offences for which only some of the offences for which only some of the conditions of conditions of mens reamens rea are required, are required, while there are others where there is no while there are others where there is no mens reamens rea requirement requirement

The division of offences into these three The division of offences into these three classifications is largely due to the classifications is largely due to the ruling of the Supreme Court of Canada ruling of the Supreme Court of Canada in in R. v. Sault Ste. MarieR. v. Sault Ste. Marie (1978). (1978).

The city of The city of Sault Ste. Marie, Ontario hired hired Cherokee Disposal to dispose of the city's waste. Cherokee Disposal to dispose of the city's waste. The city built a disposal site 20 feet from a stream The city built a disposal site 20 feet from a stream which, when filled by the disposal company, which, when filled by the disposal company, resulted in waste seeping into the stream. The resulted in waste seeping into the stream. The city was charged with discharging, or permitting city was charged with discharging, or permitting to be discharged, refuse into the public to be discharged, refuse into the public waterways causing pollution pursuant to section waterways causing pollution pursuant to section 32(1) of the Ontario Water Resources Act.32(1) of the Ontario Water Resources Act.

The issue before the court was whether the city's The issue before the court was whether the city's offence should be classified as strict liability or offence should be classified as strict liability or absolute liability. The absolute liability. The Court of Appeal for Ontario held that the charge required proof of held that the charge required proof of mens rea which on the facts would acquit the defendant.which on the facts would acquit the defendant.

Types of OffencesTypes of Offences

Mens Rea (aka subjective mens rea)Mens Rea (aka subjective mens rea) Strict Liability (aka objective mens Strict Liability (aka objective mens

rea)rea) Absolute LiabilityAbsolute Liability

Mens Rea OffencesMens Rea Offences

The Crown must prove full The Crown must prove full mens reamens rea Crimes which carry great stigma and Crimes which carry great stigma and

high levels of punishment, such as high levels of punishment, such as murdermurder

Where the legislation contain the any Where the legislation contain the any of the following terms: willfully; with of the following terms: willfully; with intent; knowingly; intentionallyintent; knowingly; intentionally

Sometimes called "subjective Sometimes called "subjective mens mens rea.rea.""

Strict Liability OffencesStrict Liability Offences

The Crown does not have to prove The Crown does not have to prove mens reamens rea, as doing the prohibited , as doing the prohibited act is sufficient for guilt, but the act is sufficient for guilt, but the accused has an opportunity to prove accused has an opportunity to prove he or she took reasonable care to he or she took reasonable care to avoid committing the offence.avoid committing the offence.

These are "public welfare" offences, These are "public welfare" offences, such as health or the environmentsuch as health or the environment

Sometimes called "objective Sometimes called "objective mens mens rearea""

Absolute Liability OffencesAbsolute Liability Offences

The Crown does not have to prove The Crown does not have to prove mens reamens rea, and there is no , and there is no opportunity given to the accused to opportunity given to the accused to show that they were free of faultshow that they were free of fault

This is in instances where the This is in instances where the legislature made it clear that guilt legislature made it clear that guilt would follow the mere doing of the would follow the mere doing of the prohibited actprohibited act

Ex: impaired drivingEx: impaired driving

Types of CrimeTypes of Crime

Indictable OffencesIndictable Offences Summary Conviction OffencesSummary Conviction Offences Hybrid OffencesHybrid Offences

Indictable OffencesIndictable Offences

Serious offenceSerious offence No limit to lay a chargeNo limit to lay a charge Penalty provided in Criminal Code, Penalty provided in Criminal Code,

issued at discretion of judgeissued at discretion of judge

Summary Conviction Summary Conviction OffencesOffences

Least serious offenceLeast serious offence 6 months to lay a charge6 months to lay a charge Maximum penalty $5000/6 monthsMaximum penalty $5000/6 months

Hybrid OffencesHybrid Offences

Dual offence - can proceed at either Dual offence - can proceed at either level (discretion of the Crown)level (discretion of the Crown)

Generally proceeds at the level at Generally proceeds at the level at which a conviction is guaranteedwhich a conviction is guaranteed