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The power of arrest for a citizen or police; The rights of the accused; How the trial will proceed (in which court); and, What penalty will be imposed. Recap – Regulatory Offences. Regulate behaviour These offences are classified as either a) ABSOLUTE LIABILITY or

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Presentation Transcript
slide2

The power of arrest for a citizen or police;

The rights of the accused;

How the trial will proceed (in which court); and,

What penalty will be imposed.

recap regulatory offences
Recap – Regulatory Offences
  • Regulate behaviour
  • These offences are classified as either
    • a) ABSOLUTE LIABILITY or
    • b) STRICT LIABILITY offences
slide4

Fault is not an issue;

  • Guilt follows the mere doing of the prohibited act;
  • No opportunity for the accused to exonerate themselves;
  • Since there is little opportunity for a successful defence, prison terms are considered to be unconstitutional (see Re: B.C. Motor Vehicle Act, 1985).
  • Example,
    • If you are caught driving without a driver’s licence, you are automatically guilty whether or not you are aware that you are prohibited from driving.
slide5

The Crown does not have to prove mensrea because the doing of the prohibited action is enough to prove guilt, but the accused has the opportunity to prove that they took the reasonable care to avoid committing the offence, using the defence of DUE DILIGENCE.

  • Example,
    • offences that deal with the environment, health and safety issues, or offences dealing with the general welfare of the public.
slide6

SUMMARY CONVICTION OFFENCES

  • INDICTABLE OFFENCES
  • HYBRID/DUAL PROCEDURE OFFENCES
slide7

Minor offences for which an accused can be arrested or summoned to court without delay (tried by judge alone, without a preliminary hearing or jury);

  • Includes all provincial offences i.e. Traffic violations;
  • Penalties range from small fines to imprisonment;
  • Maximum penalty is $2000 fine and/or 6 months in prison
slide9

Severe criminal offences, such as murder;

  • The Crown proceeds by indictment (press charges);
  • Trial by judge alone, or judge and jury (with the approval of the Attorney General)
  • Severe penalties are imposed at the discretion of the trial judge;
  • Some crimes have a minimum penalty that must be adhered to.
slide11

Offences that are punishable as both an indictable offence and summary conviction offence;

  • The Crown decides how to proceed – either by indictment or summarily;
  • First time offences are usually treated as summary conviction offences, depending on the nature of the crime
slide12

If the value of the stolen goods is over $5000, the offence would be an INDICTABLE offence;

  • If the value of the stolen goods is under $5000, the offence would be a SUMMARY CONVICTION OFFENCE.
quick review
Quick Review

Regulatory Offence

Criminal Offence

“Regulatory offences”

Indictable

Summary

Hybrid

comparing them liability
Comparing Them - Liability

Regulatory Offence

Criminal Offence

“Regulatory offences”

Summary

Indictable

Hybrid

Strict or Absolute Liability – mensrea does not need to be proved

Criminal Liability – also called“fullmensrea liability”

comparing them severity
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.

less serious
“Less Serious?”

Summary

“Regulatory offences”

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’.

definition
Definition

“Regulatory offences”

Indictable

Summary

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)

grey areas and more
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.

examples
Examples

“Regulatory offences”

Indictable

Summary

Hybrid

Offences against

‘regulatory behaviour’

More serious

offences

Less serious

offences

Parking By-law

Parking on the street at 4 am in Markham

examples1
Examples

Summary

“Regulatory offences”

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.”

examples2
Examples

“Regulatory offences”

Indictable

Summary

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.

examples3
Examples

Summary

“Regulatory offences”

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.

examples4
Examples

“Regulatory offences”

Indictable

Summary

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.

examples5
Examples

Summary

“Regulatory offences”

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.

how else can we distinguish
How Else Can We Distinguish?

Summary

Indictable

Hybrid

Arrests

Warrant

Warrantless

Citizen’s Arrest

(Dimensions of Law, 272-274)

why warrants
Why Warrants?

Constitutional Law is Supreme Law:

Canadian Charter of Rights and Freedoms

9. Everyone has the right not to arbitrarily detained or imprisoned.

why warrants1
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
why warrants2
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
why warrants3
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
how else can we distinguish1
How Else Can We Distinguish?

Summary

or Hybrid

Indictable

Warrant

Warrantless

Arrests - Simplified

(Dimensions of Law, 272-274)

police officers may arrest without warrant
Police Officers may arrest,without warrant

anyone he finds committing a criminal offence (indictable OR

summary)

if he/she believes that a warrant of arrest is in force

If he/she believes that an individual has committed or is about to

commit an indictable offence

(reasonable grounds to believe)

anyone may arrest without warrant
Anyonemay 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
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?

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