Presentation Transcript

1. Criminal Law Procedure

   From Theory to Arrests CLN4U1 Canadian and International Law Low (2011)
2. Quick Review Regulatory Offence Criminal Offence “Regulatory offences” Summary Indictable Hybrid
3. Comparing Them - Liability Regulatory Offence Criminal Offence “Regulatory offences” Summary Indictable Hybrid Strict or Absolute Liability Criminal Liability – also called“fullmensrea liability”
4. Comparing Them - Severity “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences The sentence should reflect the severity of the crime.
5. “Less Serious?” “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Regulatory offences are not necessarily ‘less serious’ than summary conviction offence: consider ‘witchcraft’ and ‘pollution’.
6. Definition “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Parliament decides what a ‘crime’ is (and by extension, what a criminal offence is)
7. Grey Areas, and more… “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences One offence can lead to another offence of a different type.
8. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Parking By-law Parking on the street at 4 am in Markham
9. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences “Parking is not allowed on Town streets from 2:30 a.m. to 6 a.m.”
10. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Someone is in the car, in a school neighbourhood, parked on the street at 4 am, blasting gangster music extremely loudly.
11. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Causing a Disturbance 175. 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.
12. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences There are several people in the car, and after blasting tunes about the disgracefulness of capitalism and suburbia, they decide to go break some residents’ windows to make a point.
13. Examples “Regulatory offences” Summary Indictable Hybrid Offences against ‘regulatory behaviour’ Less serious offences More serious offences Riot 65. 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.
14. How Else Can We Distinguish? Summary Indictable Hybrid Arrests Warrant Warrantless Citizen’s Arrest (Dimensions of Law, 272-274)
15. Why Warrants? Constitutional Law is Supreme Law: Canadian Charter of Rights and Freedoms 9. Everyone has the right not to arbitrarily detained or imprisoned.
16. Why Warrants? Constitutional Law is Supreme Law: Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention: to be informed promptly of the reasons therefor; To retain and instruct counsel without delay and to be informed of that right To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful
17. Why Warrants? Constitutional Law is Supreme Law: Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention: to be informed promptly of the reasons therefor; To retain and instruct counsel without delay and to be informed of that right To have validity of the detention determined by way of habeas corpus and to be released if the detention is now lawful
18. Why Warrants? Constitutional Law is Supreme Law: Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention: to be informed promptly of the reasons therefor; To retain and instruct counsel without delay and to be informed of that right To have validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
19. How Else Can We Distinguish? Summary or Hybrid Indictable Warrant Warrantless Arrests - Simplified (Dimensions of Law, 272-274)
20. Police Officer may arrest,without warrant anyone he finds committing a criminal offence (indictable OR summary) believe that a warrant of arrest is in force has committed or is about to commit an indictable offence (reasonable grounds to believe)
21. 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
22. 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?
23. In all citizen arrests, you must hand the accused over to a peace officer as soon as possible.
24. 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