The power of arrest for a citizen or police; The rights of the accused;

2. 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.

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

4. 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.

5. 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.

6. SUMMARY CONVICTION OFFENCES • INDICTABLE OFFENCES • HYBRID/DUAL PROCEDURE OFFENCES

7. 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

9. 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.

11. 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

12. 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.

13. Quick Review Regulatory Offence Criminal Offence “Regulatory offences” Indictable Summary Hybrid

14. 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”

15. 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.

16. “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’.

17. 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)

18. 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.

19. 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

20. 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.”

21. 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.

22. 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.

23. 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.

24. 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.

25. How Else Can We Distinguish? Summary Indictable Hybrid Arrests Warrant Warrantless Citizen’s Arrest (Dimensions of Law, 272-274)

26. Why Warrants? Constitutional Law is Supreme Law: Canadian Charter of Rights and Freedoms 9. Everyone has the right not to arbitrarily detained or imprisoned.

27. 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

28. 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

29. 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

30. How Else Can We Distinguish? Summary or Hybrid Indictable Warrant Warrantless Arrests - Simplified (Dimensions of Law, 272-274)

31. 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)

32. 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

33. 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?

34. In all citizen arrests, you must hand the accused over to a peace officer as soon as possible.