Post on 28-Dec-2015
Criminal Law Procedure
Liability Review
CLU3MI Canadian LawHergott (2011)
Quick ReviewRegulatory Offence
Criminal Offence
“Regulatory offences” Summary IndictableHybrid
Comparing Them - LiabilityRegulatory Offence
Criminal Offence
“Regulatory offences” Summary IndictableHybrid
Strict or Absolute Liability
Criminal Liability – also called “full mens rea liability”
Comparing Them - Severity
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against
‘regulatory behaviour’
The sentence should reflect the severity of the crime.
“Less Serious?”
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against
‘regulatory behaviour’
Regulatory offences are not necessarily ‘less serious’ than summary conviction offence: consider ‘witchcraft’.
Definition
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against
‘regulatory behaviour’
Parliament decides what a ‘crime’ is (and by extension, what a criminal offence is)
Grey Areas, and more…
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against
‘regulatory behaviour’
One offence can lead to another offence of a different type.
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
Parking By-lawParking on the street at 4 am in Waterloo
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
“Parking is not allowed on city streets from 2:30 a.m. to 6 a.m.”
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
Someone is in the car,in a school neighbourhood, parked on the street at 4 am,blasting salsa music extremely loudly.
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
Causing a Disturbance175. Every one who (a) not being in a dwelling-house, causes a disturbance in or near a public place, is guilty of an offence punishable on summary conviction.
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
There are several people in the car, and after blasting songs and speeches about the disgracefulness of capitalism and suburbia , they decide to go break some residents’ windows to make a point.
Examples
Summary IndictableHybrid“Regulatory offences”
Less serious criminal offences
More serious criminal offences
Offences against‘regulatory behaviour’
Riot65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding 2 years.
How Else Can We Distinguish?
Summary IndictableHybrid
Arrests
Warrant Warrantless
(Dimensions of Law, 272-274)
Citizen’s Arrest
Why Warrants?Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms9. Everyone has the right not to arbitrarily
detained or imprisoned.
Why Warrants?Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms10. Everyone has the right on arrest or detention:
a) to be informed promptly of the reasons therefore;
b) To retain and instruct counsel without delay and to be informed of that right
c) To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful
Why Warrants?Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms10. Everyone has the right on arrest or detention:
a) to be informed promptly of the reasons therefore;
b) To retain and instruct counsel without delay and to be informed of that right
c) To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful
Why Warrants?Constitutional Law is Supreme Law:
Canadian Charter of Rights and Freedoms10. Everyone has the right on arrest or detention:
a) to be informed promptly of the reasons therefor;b) To retain and instruct counsel without delay and to be
informed of that right
c) To have validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
How Else Can We Distinguish?
Summaryor Hybrid
Indictable
Arrests - SimplifiedWarrant Warrantless
(Dimensions of Law, 272-274)
Police Officer may arrest,without warrant
has committed or is about tocommit an indictable offence
(reasonable grounds to believe)
anyone he finds committing a criminal offence (indictable OR
summary)
believe that a warrant of arrest is in force
Anyone may arrest,without warrant
a person found committing an indictable offence
a person who has committed a criminal offence and is escaping
from the police
The owner, or any one authorized by the owner of property (“lawful
possession”), may arrest…
A person whom he or she finds committing a criminal offence
on, or in relation to, that property
The case of David Chen?
• In all citizen arrests, you must hand the accused over to a peace officer as soon as possible.
Racial Profiling and Searches
• R. v. Brown (Dimensions of Law 274; q 1-3)
• R. v. Caslake (Dimensions of Law 279; q 1-4)• Search Summary PDF