Introduction to Criminal Law.ppt

Introduction to Criminal Law September 13, 2007 Sources of Criminal Law The Constitution Legislation Case Law Sources of Criminal Law: The Constitution, Division of Powers The Constitution sets out division of powers Section 91(27) Criminal Law a federal responsibility2 Section 91(28) Penitentiaries a federal responsibility Section 92(14) Administration of Justice a provincial responsibility Section 92(14) Province can attach penalties to provincial offences Section 91(28)7)1(27) The Constitution, the significance of the Charter Sections 1, 2,7,11,12, 13, 14. 15, 24, 32, 52 Legal Context of Criminal Law: Point 1 Federal government has jurisdiction Law exists in federal statutes eg. Criminal Code most often, also Competition Act, Controlled Drugs and Substances Act and others There must be a statute for a crime to exist Legal Context of Criminal Law: Point 2 Interpretation of the legislation by the courts Therefore, Parliament makes laws and courts interpret meaning and scope of the legislation Legal Context of Criminal Law: Point 3 Supreme law of Canada set by the Constitution, most significant here is the Canadian Charter of Rights and Freedoms Meaning of the words of the legislation and the words of the Charter interpreted by the Courts Thus there is a constant loop between the legislators and the courts Underlying Ideas in Criminal Law Presumption of Innocence Public Nature of Criminal Law Blameworthiness Scope of Criminal Law Presumption of Innocence: most important value, reflected by: Role of the Crown Burden and standard of proof No retroactive criminal law No common law offences (s. 8) But benefit of common law defences (s.9) Criminal law is public law Victim simply another witness Criminal law for the benefit of all of society Blameworthiness Conviction based on fault, not simply harm caused What is the Proper Scope of Criminal Law in a Democracy? Group task: Pick an offence from the envelope (15 minutes, appoint a reporter) Discuss the following qu