Defining Crime and Criminal Offences
Published on May 08, 2017
These notes broadly define what characteristics are necessary for an act or omission or state-of-being to be considered criminal. They also highlight the development of criminal law in Canada.
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PRESENTATION OUTLINE
Crime and Criminal Offences
- Crime:
- Any action, omission of an act, or state-of-being that is punishable by federal statute.
Criminal law is a category of public law that punishes behavior that results in injury to people and/or property. In Canada, most criminal law is made by the federal government.
The omission of an act:
Failure to do something in a particular situation.
Examples:
Failure to stop at the scene of an accident in which you were involved.
Failure to get appropriate licensing for a firearm.
Failure to provide the necessaries of life to your child
State of Being:
Having access to something you are not permitted to have control over.
Examples:
Possession of restricted drugs,
The omission of an act:
Failure to do something in a particular situation.
Examples:
Failure to stop at the scene of an accident in which you were involved.
Failure to get appropriate licensing for a firearm.
Failure to provide the necessaries of life to your child
State of Being:
Having access to something you are not permitted to have control over.
Examples:
Possession of restricted drugs,
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Conditions to be considered a crime
- The act is considered wrong by society.
- The act causes harm to society in general or to those that need protection.
- The harm must be serious.
- The remedy can only be handled by the criminal justice system.
What society considers wrong varies over time and from place to place. Crimes that were once considered serious offences are now considered less serious or are no longer offences. Criminal law has evolved to reflect society’s changing standards.
Examples:
Changes to the law regarding, adultery, fornication, prostitution, homosexuality and other disapproved forms of sexual activity have occurred over time. Additionally, how we respond to crimes has changed. Capital punishment is not an option in sentencing even for the most serious of offences.
People needing protection could be minors, disabled, elderly.
Examples:
Changes to the law regarding, adultery, fornication, prostitution, homosexuality and other disapproved forms of sexual activity have occurred over time. Additionally, how we respond to crimes has changed. Capital punishment is not an option in sentencing even for the most serious of offences.
People needing protection could be minors, disabled, elderly.
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Criminal Law
- A crime is considered to be an offence against society as a whole.
Criminal Law:
The body of laws that prohibit and punish acts that injure individual people, property, and the entire community.
A crime is not viewed as just against the direct victim.
Repercussions of theft and murder can be felt beyond the immediate victim and will reverberate in the community.
Because crime has an impact on society as a whole it is the government’s responsibility to investigate and act against people who commit crimes.
The body of laws that prohibit and punish acts that injure individual people, property, and the entire community.
A crime is not viewed as just against the direct victim.
Repercussions of theft and murder can be felt beyond the immediate victim and will reverberate in the community.
Because crime has an impact on society as a whole it is the government’s responsibility to investigate and act against people who commit crimes.
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Purpose of Criminal Law
- Protect People and Property
- Keep Order
- Preserve Standards of Public Decency
Preserve standards of public decency:
To allow us to maintain the cordial relationships we have with one another and govern the way we interact.
How do you think the 2nd and 3rd purposes of criminal law support THE RULE OF LAW?
As citizens, we all have the responsibility to act in a law abiding way. In addition to not committing crimes ourselves, we have an opportunity to participate in crime reduction programs that have been developed over the years.
Examples include:
Neighbourhood watch, Crime Stoppers, Block Parent
To allow us to maintain the cordial relationships we have with one another and govern the way we interact.
How do you think the 2nd and 3rd purposes of criminal law support THE RULE OF LAW?
As citizens, we all have the responsibility to act in a law abiding way. In addition to not committing crimes ourselves, we have an opportunity to participate in crime reduction programs that have been developed over the years.
Examples include:
Neighbourhood watch, Crime Stoppers, Block Parent
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Criminal Law Facts
- The criminal code is a federal statute.
- It contains the majority of criminal laws passed by parliament.
- The criminal code lists both offences and sentences.
The criminal code details the offences and sentences and the procedure to be followed when trying the accused.
Why isn't the criminal code entrenched in the constitution?
When a new issue become important for society, or when national security and public safety are at risk, Parliament amends this code to reflect this change in values to ensure the protection of Canadian society.
Protecting children from sexual abuse, guarding against terrorism have all become priorities and laws have changed to represent this view.
Technology can also create the need for new laws: Airplanes, Credit Card Fraud, Unauthorized computer access and cyber-bullying are just some examples.
Having the criminal code as a statute makes it easier to repeal or revise laws.
Why isn't the criminal code entrenched in the constitution?
When a new issue become important for society, or when national security and public safety are at risk, Parliament amends this code to reflect this change in values to ensure the protection of Canadian society.
Protecting children from sexual abuse, guarding against terrorism have all become priorities and laws have changed to represent this view.
Technology can also create the need for new laws: Airplanes, Credit Card Fraud, Unauthorized computer access and cyber-bullying are just some examples.
Having the criminal code as a statute makes it easier to repeal or revise laws.
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Think about it ~ Sec 43
- Every school teacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.
- Should this section of the code be amended?
What do you think? Is this section a relic of a bygone time, or does physical punishment still serve a purpose?
This section is also referred to as the spanking law:
http://www.lop.parl.gc.ca/Content/LOP/ResearchPublications/2016-35-e.pdf
This section is also referred to as the spanking law:
http://www.lop.parl.gc.ca/Content/LOP/ResearchPublications/2016-35-e.pdf
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Some History
- Before confederation each province was responsible for its own criminal laws.
- Relied entirely on British statutes and precedents.
- S.91 (27) of the Constitution Act of 1867 gave the Federal government the authority to make criminal laws.
Canada’s criminal law system with the exception of Quebec was inherited from Great Britain.
John A. Macdonald, Canada’s first prime minister believed that a single, uniform set of criminal laws for the entire country would eliminate some of the confusion and unfairness that existed at the time. (Similar to the problem that King Henry II 1154-1189 faced)
A criminal act would be considered a criminal act regardless of where it was committed.The sentence or range of sentences would no longer vary from province to province.
In July 1892 the Canadian parliament passed a statute called the Criminal Code of Canada. The code has been amended nearly every year. There has never been a complete revision of the Code since its passage in 1892.
It is called a code because it combines a description of the crimes and criminal law procedure into one statute.
The original intention was to have all crimes in the code but that was unsuccessful.
John A. Macdonald, Canada’s first prime minister believed that a single, uniform set of criminal laws for the entire country would eliminate some of the confusion and unfairness that existed at the time. (Similar to the problem that King Henry II 1154-1189 faced)
A criminal act would be considered a criminal act regardless of where it was committed.The sentence or range of sentences would no longer vary from province to province.
In July 1892 the Canadian parliament passed a statute called the Criminal Code of Canada. The code has been amended nearly every year. There has never been a complete revision of the Code since its passage in 1892.
It is called a code because it combines a description of the crimes and criminal law procedure into one statute.
The original intention was to have all crimes in the code but that was unsuccessful.
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Federal Laws Containing Criminal Offences
- Controlled drugs and substances act.
- The Customs Act
- The Competition Act
- The Youth Criminal Justice Act
- The Food and Drug Safety Act
- The Income Tax Act
- The Anti-Terrorism Act
The Criminal Code contains most of the criminal offences that have been created by Parliament; however, some other criminal offences have been incorporated into other federal statutes.
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Provincial Jurisdiction
- Legal authority for administering the criminal justice system is shared between both federal and provincial governments.
- Quasi – Criminal Laws: Laws passed by provinces and municipalities.
- The provinces have the power to pass laws on matters under their jurisdiction.
Although Parliament has the exclusive jurisdiction to establish and revise criminal law for the whole country. They share the task of administering it.
Each provincial government appoints its own provincial court judges and pays for and administers its own provincial court system. This is where the bulk of criminal law cases are heard.
The Federal Government appoints and pays the supreme court and appeals court judges of each province.
Quasi Criminal Laws are non-criminal offences that carry a penalty similar to that of a criminal offence, but that is subject to less complex court procedures than are criminal offences. For example traffic, workplace safety offences, competition, fisheries, environmental.
Quasi Criminal Laws differ with the needs of each province and often the punishment is through fines. In some rare cases offenders can be sentenced to jail.
Each provincial government appoints its own provincial court judges and pays for and administers its own provincial court system. This is where the bulk of criminal law cases are heard.
The Federal Government appoints and pays the supreme court and appeals court judges of each province.
Quasi Criminal Laws are non-criminal offences that carry a penalty similar to that of a criminal offence, but that is subject to less complex court procedures than are criminal offences. For example traffic, workplace safety offences, competition, fisheries, environmental.
Quasi Criminal Laws differ with the needs of each province and often the punishment is through fines. In some rare cases offenders can be sentenced to jail.
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