The Criminal Code is the primary source of criminal law in Canada, defining offences and their punishments. For an act to be considered a crime, it must be considered immoral by most Canadians, cause harm to individuals and/or society, the harm must be serious, and the person must be punished by the criminal justice system.

Governments adapt laws to societal changes. 'Legal' actions do not harm others and are not against the law. 'Illegal' actions are immoral but not criminal (e.g., speeding). 'Criminal' actions are immoral and potentially harmful to others (e.g., assault).

The Law Reform Commission defined seven principles of procedural justice: Fairness (no bias), Efficiency (timely process), Clarity (accused understands), Restraint (professional officials), Accountability (officials responsible), Participation (open scrutiny), and Protection (accused not abused).

An ongoing debate in biology and psychology concerning the origin of human behavior. It questions whether innate genetics (nature) or environmental influences (nurture) are more important.

Also known as 'The Warrior Gene,' low activity of the MAOA gene has been linked to aggressive behavior.

These are less serious criminal offences, also known as misdemeanors. Police must witness the crime or have reasonable grounds to assume it occurred. Trials are before judges, with a maximum sentence of a $2000 fine and/or 6 months imprisonment.

These are serious criminal offences with severe punishments. There are three types of trials: by Provincial Court Judge, by Superior Court Judge without a jury, or by Superior Court Judge with a jury. The maximum penalty is often life imprisonment, though some have minimum penalties.

In these offences, the Crown decides how to proceed: summarily (less severe punishment) or by indictment. The Crown's decision can depend on factors like the accused's criminal record. Penalties vary widely.

This refers to offences where Provinces and Territories have legislative rights. These are generally less serious than federal offences and are often punishable by less than two years imprisonment. They are typically violations of specific regulations, not found in the Criminal Code.

This is a time limit for laying charges. For summary conviction offences, charges must be laid within 6 months. For indictable offences, there is generally no time limit. For hybrid offences, it depends on how the Crown proceeds.

Latin for 'the guilty act.' It refers to the voluntary act or omission that constitutes the crime. A crime is committed when both the actus reus and mens rea are present.

Latin for 'the guilty mind.' It refers to the mental intent or state of mind at the time of the incident. The Crown must prove both the actus reus and mens rea beyond a reasonable doubt.

Once the physical act (actus reus) is established, the prosecutor focuses on proving the accused's intention or state of mind (mens rea) at the time of the incident. There are several common types of mens rea.

Recklessness is a careless disregard for the possible results of an action. Willful blindness is purposely ignoring certain facts or information. Both can contribute to mens rea.

This involves a reckless disregard for the safety of others. It occurs when a person is aware of a known risk and fails to address it, and a reasonable person would have taken action.

Knowledge of certain facts can establish mens rea. Motive, the reason for committing a crime, is often circumstantial evidence but can be helpful in understanding a case.

Attempting to commit a crime, even if unsuccessful, can lead to guilt. Conspiracy involves an agreement between two or more people to commit a crime.

There are three kinds: principals (those who commit the crime), abettors (those who encourage the crime), and accessories after the fact (those who help someone escape after a crime).

Defined as a group of three or more people with a common identity for criminal purposes, such as street gangs or the mob. Organizing a gang-related offence can lead to charges.

This court arraigns the accused, holds preliminary hearings for serious indictable offences, and tries summary convictions and less serious indictable offences. Judges are appointed by provincial governments.

This court tries the most serious crimes, hears criminal appeals in summary offences, and sets provincial precedent. Trials can be with or without a jury. Judges are appointed by the federal government.

This is the final court of appeal in the province, setting precedent. It typically hears appeals with 3 to 5 judges appointed by the federal government.

This court system includes the Federal Court and the Federal Court of Appeal. It hears legal disputes involving the federal government, and its decisions can be appealed to the Supreme Court of Canada.

The highest court of appeal in Canada. It hears cases of national importance or where law interpretation is required. It has unlimited jurisdiction and sets national precedent. It has 9 judges appointed by the federal government.

Key roles include the Crown Lawyer (proves guilt), Defence Lawyer (creates doubt), Judge (rules on law), Jury (decides facts), Clerk (manages proceedings), Court Staff (maintains order), and Press (reports).

Includes standing when the judge enters, asking permission to proceed, addressing the judge respectfully, calling co-counsel 'colleague,' and speaking clearly without filler words.

The typical flow involves the clerk opening court, Crown opening statement and witnesses, Defence opening statement and witnesses, closing arguments, judge's instructions to the jury, jury deliberation, and verdict.

Evidence can be Direct (first-hand observation), Circumstantial (indirect clues), Physical (tangible items), Testimonial (witness statements), Hearsay (second-hand info, usually not allowed), Opinion (expert testimony), Character (accused's personality), Photographs/Video, Polygraphs (not allowed), and Confessions (must be voluntary).

Direct examination is by the lawyer's own witness. Leading questions suggest answers and are not allowed in direct. Cross-examination is by the opposing lawyer to test reliability.

Governed by the Canada Evidence Act, the judge decides if evidence is admissible. A 'voir dire' is a hearing within a hearing to determine admissibility.

Witnesses can refuse to answer if it might incriminate them, protected by the Charter. Lying under oath is perjury.

Each side summarizes evidence and key points. Defence goes first, followed by the Crown. The judge then instructs the jury.

Police have legal powers to search, detain, and arrest suspects, using reasonable force. These powers are limited by law and must balance public safety with individual rights.

Include preventing crime, enforcing laws, assisting victims, maintaining public order, responding to emergencies, and investigating crimes. Police conduct is monitored by legislative, judicial, administrative, and constitutional means.

Police may arrest when they have reasonable and probable grounds. Options include issuing an appearance notice, arresting the person, or obtaining an arrest warrant. An appearance notice is for less serious offences.

For serious indictable offences, police must identify themselves, state the charge, inform the person of their rights, and use only necessary force. Warrants and summonses are used when suspects cannot be located or are dangerous.

Regular citizens may arrest someone to protect themselves or their property, witness an indictable offence in progress, or assist police officers.

Section 8 of the Charter protects against unreasonable search. Police may search when a person is under arrest, they believe the person has drugs, alcohol, or weapons, or they have a valid search warrant.

When using a warrant, police may force entry if necessary, provide a copy of the warrant, and use telewarrants in urgent situations. Evidence may be excluded if the warrant is invalid.

A proper warrant must include the location, offence, description of items sought, and judge's signature, complying with case law like R. v. Shankar.

Section 9 of the Charter protects against arbitrary detention. Police must have a valid reason to detain, and it must lead quickly to arrest or release. Upon arrest, individuals have the right to contact a lawyer immediately and remain silent.

If a person cannot afford a lawyer, they may be eligible for legal aid, which provides a lawyer at no cost. This is distinct from duty counsel.

After arrest, a person may be released until trial. Bail may require money or property, and conditions like curfews can be imposed. For serious cases, reverse onus may apply, requiring the accused to prove why bail should be granted.

These include collecting evidence, disclosure of evidence to the defence, court appearances, preliminary hearings (to determine if there's enough evidence for trial), and resolution discussions (plea bargaining).

The Crown must reveal all evidence to the defence. The defence must disclose an alibi if they plan to use one. This process prevents surprises and allows for proper trial preparation.

A judge determines if there is sufficient evidence (a prima facie case) to proceed to trial. It does not determine guilt or innocence but aims to avoid unnecessary trials.

Also known as plea bargaining, this involves negotiation between the Crown and defence to avoid trial. It often results in the accused pleading guilty to a lesser charge in exchange for a lighter sentence.

Specific sections of the Criminal Code define offences such as carrying a concealed weapon (s. 90), mischief (s. 430), forgery (s. 366), breaking and entering (s. 348), extortion, second-degree murder (s. 231(7)), and robbery (s. 343).

Offences are categorized as summary conviction (less serious), indictable (serious), or hybrid (Crown's choice). The Criminal Code is divided into 12 parts covering various categories of offences.

These crimes receive the harshest penalties and generally involve harm to the human body. Examples include homicide, assault, sexual assault, abduction, and robbery.

The killing of another person. It can be culpable (blame assigned due to intent or recklessness) or non-culpable (no blame assigned, e.g., accident or self-defence).

Murder is the intentional killing of another person. First-degree murder is planned and deliberate or involves a law enforcement agent or occurs during another crime. Second-degree murder is any intentional killing that is not first-degree. Both carry mandatory life sentences.

Causing the death of another person without intent to kill, but through culpable negligence or recklessness. It involves an actus reus and mens rea where a reasonable person would have recognized the risks.

There are three levels: Level One (intentional force without consent, threats), Level Two (assault causing bodily harm, often with a weapon), and Level Three (aggravated assault, causing life-threatening or permanently damaging injuries).

These crimes involve damage to or theft of property, or fraud. Examples include arson, theft, breaking and entering, and fraud. They harm economic interests or safety rather than targeting a person directly.

Intentionally damaging property by explosion or fire. Mens rea can also be formed through reckless actions. Penalties vary based on whether life was endangered or bodily harm occurred.

Taking someone's property without consent and without legal right. Penalties vary based on the value of the stolen property (under or over $5000).

Entering someone's property with the intention of committing an indictable offence, such as theft. The act of breaking or entering without stealing can still constitute the offence if the intent exists.

Intentionally deceiving another party for criminal purposes, usually for financial gain. This involves dishonesty, such as misrepresentation or false claims. Penalties vary based on the amount involved.

An accused has the right to present a defence. Common defences include alibi, automatism, intoxication, self-defence, necessity, duress, mistake of fact, entrapment, double jeopardy, and provocation.

Argues that the accused was not at the scene of the crime. A strong alibi includes a statement of absence, explanation of location, and names of corroborating witnesses.

An involuntary action due to impaired consciousness, such as sleepwalking or drug influence. It can be insane (linked to mental disorder, leading to NCR defence) or non-insane (temporary state, leading to acquittal).

A defence raised when an accused, due to a mental disorder, was incapable of knowing their actions were wrong. Focuses on treatment and public safety rather than punishment.

Can be a partial defence, arguing that intoxication prevented the formation of specific intent. May lead to a conviction for a lesser general intent offence, but rarely excuses behaviour entirely.

The legal use of reasonable force to defend oneself or property. The force used must not be excessive and must match the level of the threat.

A psychological condition resulting from prolonged domestic violence. It can help explain preemptive actions by victims, as recognized in R. v. Lavallee.

Necessity applies when breaking the law prevents greater harm (e.g., speeding to hospital). Duress involves being threatened or coerced by another person to commit a criminal act.

An honest mistake about a fact (not the law) that negates mens rea. For example, unknowingly passing counterfeit money.

Occurs when police induce a person to commit a crime they would not otherwise have committed. If proven, charges can be dismissed.

The principle that a person cannot be tried twice for the same offence, protected by Section 11 of the Charter.

A partial defence where a person loses self-control due to provocation and commits a crime. It may reduce the severity of the charge.

The Criminal Code outlines four main objectives: denouncing unlawful conduct, deterrence (specific and general), segregation/separation, and rehabilitation. Other objectives include reparations and remorse.

Sentencing should clearly condemn the offender's behaviour as wrong from society's viewpoint, reflecting the severity of the crime and the offender's history.

Aims to prevent future crimes. Specific deterrence discourages the individual offender, while general deterrence discourages the public.

Protects the public by separating offenders from society, usually through incarceration. This is typically for dangerous offenders.

Focuses on helping offenders change their behaviour to avoid reoffending (recidivism). Programs may include job training, counselling, and education.

Judges consider aggravating and mitigating circumstances, victim impact statements, and pre-sentence reports. Some offences have mandatory minimum sentences.

Options range from absolute or conditional discharges, suspended sentences with probation, conditional sentences (house arrest), suspension of privileges, peace bonds, restitution, community service, deportation, fines, to imprisonment.

Absolute discharge results in no criminal record. Conditional discharge requires meeting conditions; successful completion leads to no record. Usually for first-time, minor offences.

A suspended sentence means conviction but no jail time if conditions are met, usually involving probation (supervised release in the community with rules).

Allows offenders with sentences under two years to serve time in the community (often house arrest) if they are not a public threat and meet strict conditions.

Requires offenders to repay victims financially for losses or damage. Judges consider the offender's ability to pay.

Orders offenders to perform unpaid work in the community, promoting rehabilitation and responsibility.

A monetary penalty, common for summary conviction offences and sometimes for indictable offences. Offenders unable to pay may enter a fine option program.

Types include concurrent (served at the same time), consecutive (served one after another), and intermittent (weekends/nights). Prison type depends on sentence length: local, provincial, or federal.

Individuals posing an extreme risk to the public may receive an indeterminate sentence, meaning indefinite imprisonment. They often display extreme brutality and a pattern of aggression.

The death penalty was abolished in Canada in 1976. Before 1962, it was a possible sentence for first-degree murder.

A recent approach focusing on forgiveness and community involvement. Sentencing circles, healing circles, and releasing circles bring offenders, victims, and community members together.

Both the Crown and the convicted offender can appeal a conviction or sentence to a higher court for review.

Provincial funds exist to compensate victims for losses (lost pay, medical bills, etc.) when offenders cannot pay.

Supervised early release from prison. Inmates are usually eligible after serving one-third of their sentence or 8 years. Violating parole conditions can lead to return to prison.

The federal government can grant a Royal Prerogative of Mercy, revoking a sentence or issuing a pardon, often in cases of wrongful conviction.

A criminal record can hinder job opportunities, travel, and bonding. Offenders may apply for a pardon 3-5 years after completing their sentence.

Applies to youth aged 12-17. It aims to prevent crime, rehabilitate and reintegrate youth, ensure meaningful consequences, and promote public protection. It balances accountability, rehabilitation, and public safety.

Prior to the YCJA, youth were treated under the Young Offenders Act (YOA) and the Juvenile Delinquents Act (JDA). The JDA focused on rehabilitation but lacked legal rights for juveniles. The YOA recognized Charter rights but was criticized for being too lenient.

The YCJA encourages keeping youth out of custody. Extrajudicial measures (for minor offences) and extrajudicial sanctions (more serious but still avoid court) are used, such as counselling, community service, and apologies.

Youth have the same Charter rights as adults, plus additional protections under the YCJA. Rights must be explained simply. Parents/guardians must be notified and are encouraged to be present.

Police may search youth if they suspect drugs, alcohol, or weapons. School searches by officials are permissible with reasonable grounds (R. v. M.).

Youth have similar bail rights to adults, often requiring a surety (an adult supervisor). Dangerous youth may be placed in foster homes instead of jail.

Trials follow the same rules of evidence and are usually in youth or family court. Names are generally not published, except for serious offences. The maximum youth sentence for first-degree murder is 10 years of custody.

Judges consider accountability, victims' needs, and rehabilitation balanced with public protection. A youth pre-sentence report informs the decision.

Options include absolute/conditional discharges, fines (max $1000), restitution, community service, probation, police/community programs, and custody (open or secure).

Common conditions include school attendance, reporting to a probation officer, curfews, parental supervision, and avoiding drugs/alcohol.

The most serious sentence, used as a last resort for violent or repeat offenders. Types include open custody (group homes, foster homes) and secure custody (locked facilities).

Youth have the same appeal rights as adults. Sentences are reviewed annually, with judges able to reduce but not increase them, ensuring ongoing assessment for rehabilitation.