Day 35 (Oct 22) Introduction to Criminal Law Lecture

Today we spent some time looking at the CBC News In Review story about the natural gas explosion at the Mexican resort in 2008 in which seven people died, five of whom were Canadian.  Although a modern country, Mexico has a problem with corruption and it would appear that this was part of the cause of the explosion - building codes were not followed and a ruptured gas line, a gas line that was not authorized on the blueprints of the resort, leaked gas in the space below the building and finally ignited causing a major explosion.  This law minute of the day is a good way to introduce the idea that the general public needs to be protected from crimes, even crimes that are "hidden in the ground."

We spent the rest of the class looking at my lecture on an Introduction to Criminal Law.

In case you missed it or in if you would like further clarification on your notes, here are some main points from the lecture:

The Law exists to:      Protect society & individuals

                                    Establish rules of conduct

                                    Keep the peace

                                    Punish offenders

                                    Protect rights and freedoms

What is a Crime?

Parliament decides what is a crime and it passes laws accordingly. 

A action that we consider a crime reflects societal values, e.g. Marijuana reform.   

Because different people have different values and beliefs, we establish that these  

FOUR CONDITIONS must exist in order for an action or omission to be considered a crime:

1. The Action must harm other people or entities and the harm must be serious in nature and degree.
2. The action violates the basic values of society.
3. Using law to deal with the action must not violate the basic values of society.
4. Criminal law can make a significant contribution to resolving the problem.

Also, these TWO ELEMENTS must exist for an action to be a criminal offense: actus reus & mens rea.  Because the Charter sec 11(d) says that a person is considered innocent until proven guilty the Crown attorney must prove both of these beyond a reasonable doubt.

ELEMENTS of a Crime

1. Actus Reus:     wrongful action (committing the act of the crime)
2. Mens Rea:       wrongful mind (intention to commit the crime), or that the offense is committed with i.) intent or knowledge  or ii.) recklessness.
1. Intent or Knowledge: Intent is the true purpose of the action, or what a reasonable person would be thinking under the circumstances.
2. General Intent: the person has no other criminal purpose in mind, e.g. assault or trespass (it has to be shown only that the person did apply force or was on someone else’s property) no need to prove mens rea.
3. Knowledge: knowing certain facts can provide the necessary mens rea, e.g. using an expired credit card or someone else’s credit card.
4. Recklessness: careless disregard for the possible results of an action.  People who act recklessly do not necessarily intend to cause harm, no matter.