1. Today’s Lecture
Criminal Law:
Basic Concepts and Procedure

2. Purposes of Criminal
Law

3. Establisment of
minimum standards of
behaviour

4. Punishment
(Tort-style payment is
insufficient)

5. Purposes of Criminal Law
deters against harmful behaviour
promotes order
protects economic interests
promotes moral views

6. Limits of legal moralism
“Hart-Devlin debate”
Is there a private realm that is not the
law’s business?
Should Criminal Law be concerned with
issues where moral standards change?
“There's no place for the state in the bedrooms
of the nation” – Prime Minister Trudeau

7. Power and Moral Values
Who decides what is moral?
Consider criminalization of
Marijuana
Prostitution

8. Importance of “Fault”
Two elements of a crime:
1. Actus reus (physical element)
2. Mens rea (mental element)

9. Overview of criminal procedure
“prosecution”, and “defendant” or “accused”
Government is the prosecutor. in Canada, “Crown”
Crown’s responsibility: to advance the public interest
Different from private law, where expected each side will fight
tooth and nail for their interests
If present, jury is the finder of facts, and judge is finder
of law
If no jury, judge has both roles, and is responsible for
sentencing

10. Criminal Procedure
Similar to private law (contracts, torts), but more rooted in
tradition
Notice requirement -> charges read in open court
Discovery in private law -> Disclosure in criminal law
only disclosure by Crown
R. v. Stinchcombe, 1991 SCC: Accused has right to full disclosure
Parties are the Attorney General (the Crown) and the Accused
Two kinds of offences: Summary conviction offences and Indictable
offences
summary: less serious offences; maximum 6mo and $2000 fine
Indictible offences: up to minimum life sentence with no parole for
25 years and any amount of fine

11. Summary Procedure
Defendant brought before a judge in Inferior Court; “information” is read
Plea – guilty or not guilty
If pleads not-guilty then trial at provincial inferior court
Crown bears burden of proof beyond a reasonable doubt
Calls witnesses and to prove case: “examination in chief”
Defence can “cross-examine” Crown witnesses
Defence can request summary acquittal if there is no prima facie case
Defence calls witnesses for examination in chief; Crown cross-examines
Voir dire is a “trial within a trial”
Closing arguments; verdict; if guilty, then submissions on sentencing; finally
sentencing
Appeal route: Provincial Superior Court, then Court of Appeal, then Supreme
Court of Canada

12. Indictable Procedure
Defendant brought before a judge in Inferior Court; “information”
read
Plea: guilty or not guilty
Accused selects summary procedure in inferior court, or indictable
procedure in superior court
If proceeding with indictment, Accused can apply to have a
preliminary inquiry at the inferior court
judge decides whether there is enough evidence that could be found guilty
Trial in Superior Court; Indictment read aloud
Accused selects jury trial or by judge alone
Then essentially the same procedure as in Summary procedure
Appeal route: Court of Appeal, then Supreme Court of Canada

13. Variations
Hybrid offences
Crown often has choice of whether to charge as a summary or
an indictable offence
Direct Indictment
In serious cases, Crown can lay a direct indictment against the
accused and skip the information and preliminary inquiry, going
straight to trial at superior court and reading the indictment.
AG must personally order this, so only most serious cases

14. Goals of Sentencing: s. 718
denunciation
deterrence
separation of offender from society
rehabilitation
provide reparations
restoration (promote sense of responsibility in offender)

15. Young People and Criminal Law
Until 19th Century, children over 14 were treated as adults by
criminal law
also kids 7-14 if they could tell right from wrong
1908 Juvenile Delinquents Act treated children as needing care, not
punishment
delinquents, not criminals
Young Offenders Act in 1982 gave youth Charter protections and
was more punitive, allowing more young people to be treated as
adults
Youth Criminal Justice Act from 2003 is more punitive still,
distinguishing between kids who commit minor offences and serious
offences

16. Next class…
• Criminal Law and Police Powers
• Put the final exam in your calendar:
Dec 18, 2pm−5pm, in Colonel By Hall, rm B012