DAY 35 - Criminal Code Offences

Today we are examining factual information about our justice system views various types of crimes including violent crimes, property crimes, other types of crimes, drug-related crimes and driving offences.  We will look at what the text has to say on these issues in Chapter 7 and we'll take notes below:

What are the main parts of the Criminal Code of Canada? p. 217

Today we are examining factual information about our justice system views various types of crimes including violent crimes, property crimes, other types of crimes, drug-related crimes and driving offences.  We will look at what the text has to say on these issues in Chapter 7 and we'll take notes below:

What are the main parts of the Criminal Code of Canada? p. 217

The Criminal Code is broken into several main sections including:

·        Offences against Public Order

·        Firearms and Weapons

·        Offences against the Administration of Justice

·        Sexual offences, Public Morals and Disorderly Conduct

·        Privacy

·        Gaming and Betting

·        Offences against the Person and Reputations (Violence)

·        Offences against Property

·        Fraud

·        Currency

Homicide

Culpable – someone’s at fault

Non-culpable – accident (no mens rea)

Murder – deliberately killing someone

1^st Degree = planned and deliberate, or the victim is a law enforcement agent, or the death occurs while committing another serious crime.

2^nd Degree = circumstances of the murder do not meet the conditions of 1^st degree.

Manslaughter = causing the death of someone by means of an unlawful act.

Assisted Suicide  - helping someone to kill themselves.  We have done a lot of work on this issue – Sue Rodriguez, Tracey Latimer.  This is closely related to Euthanasia.

Assault = three levels

All assaults have two common elements:

1.     Intent to carry out the attack and cause harm

2.     No consent from the victim

Level 1 Assault – includes any ONE of these:

·        Applying intentional force (grabbing, hitting)

·        Attempting or threatening to apply force (waving your fist at someone with intent)

·        Approaching or blocking someone’s way aggressively (panhandling aggressively in Toronto)

Level 2 Assault – Assault Causing Bodily Harm.  Usually the attack uses a weapon – gun, bat, knife and it causes injury requiring medical attention.

Level 3 Assault – Aggravated Assault.  An attack so severe that the injuries might kill the person or the wounds are permanent (maiming, disfiguring).  

Sexual Assault – assault involving any form of sexual activity, particularly when there is no consent for the sexual activity (“rape” in older terminology).  There are three levels of sexual assault just like the three levels of assault.

Consent? Voluntary agreement to engage in sexual activities.  This is often an issue in sexual assault trials as there are usually no witnesses.  If a victim is so drunk that she/he cannot have given proper consent, that is still no excuse.  In other words the perpetrator cannot claim “implied consent”.

Age of Consent – age at which someone can legally consent to sexual activity.  Generally this starts at age 16 with many exceptions.

Relationship is of trust, authority or dependency (coach, teacher, doctor etc.) then the age is 18.

Age difference – if underage people who are close in age have sexual activity, then they are considered to have given consent.

Evolution of the relationship or control and influence over the young person.

Theft (property crime) – illegally taking someone’s property without permission.

Robbery – usually violence or the threat of violence is involved in the theft.  Interestingly, using a replica weapon as a threat is equivalent to using a real weapon.

Crimes Against Property

Arson – intentionally causing damage by fire or explosion, even if a small fire that is intentionally set gets out of hand.

Theft includes each of these elements:

1.     The theft is fraudulent, i.e. the person knows that they should not be taking the item.

2.     The person taking the item must not have any legal right to it.  Legally this is called “colour of right.”  The person thought they had the right to take or use something.

3.     The accused must have the intent to deprive the owner of the item or convert it to his/her own use.

Identity Theft – stealing someone’s identity, usually for illegal purposes.

Break & Enter – serious crime including two parts, “breaking”, usually opening a locked door or window that is usually meant to be closed by force.  “Enter” means to go into a place where you have no right to be.

Possession of Stolen Goods – It is a crime to possess stolen property if the person knows that it is stolen.

Fraud – deceiving another person for criminal gain.  Our technological society changes rapidly and so does how we define fraud.  The fraudster must know that the their actions will cause a loss to others – e.g. credit card fraud – even though the person whose card is used fraudulently might not have to pay the bill, the credit card company will and that is a legitimate “loss” in fraud terms.  If the fraud is over $5000 then it is an indictable offence with up to 14 years in the slammer.

Prostitution – these laws in Canada are currently being rewritten.

Obscenity – because of community values we have laws against obscenity.  The Internet and the distribution of obscene material is so easy that this area of criminal law is evolving quickly.

Terrorism – after the 911 attacks countries around the world rewrote their terrorism laws.  In Canada, violent action for political, religious or ideological reasons is considered terrorism.  This would include violence, harming property or instilling real fear in people.  Being a member of a terrorist organization is also a crime.

Controlled Drugs and Substances Act – any chemical substance that alters the structure or function of a living organism.  Some are legal (caffeine), some not so (marijuana).

CDSA has Four Parts.

Schedule 1 – the most dangerous drugs including narcotics like cocaine, heroin.

Schedule 2 – marijuana and derivatives (hash)

Schedule 3 – Many of the most dangerous drugs (Ecstasy, LSD)

Schedule 4 – dangerous drugs but have medical use (barbiturates)

Possession – to possess one of the drugs listed in one of the schedules.

Drug  Trafficking – to sell, administer, transport, send or deliver a substance listed in one of the schedules.

Driving Offences – DUI – it’s an offence to refuse to co-operate with police, e.g. blow an alcohol test, bodily fluids (blood).

Motor Vehicle – any vehicle that is moved “by any means other than by muscular power.”  So your bike and your skateboard are not motor vehicles!

Dangerous Driving – you cannot drive dangerously including in parking lots, private roads say used in a townhouse complex.  Most private property is exempt (you can do what you want in your own back 50).

Failure to Stop at an Accident – if you are involved in an accident you must remain at the scene and at the very least exchange name and address with the other party.  Penalty is up to 5 years (to stop drunk drivers from leaving the scene), or if  someone is injured up to 10 years.  If someone dies, up to life in prison.

Impaired driving – 0.08% blood alcohol level is the legal limit.  Mens Rea in this case means that you have “care and control” over the car and you are drunk.  Actus Reus means you have the keys and are assuming control over the car, even if you are not driving anywhere.

Spot Checks – e.g. R.I.D.E. program – the police can stop you, even without suspicion of you having done anything illegal, to perform a roadside screening test to determine if you’ve been drinking and driving.

Impaired Driving Involving Drugs – your license can be suspended if you are impaired on something other than alcohol and you are driving.