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Canadian Legal System: A Comprehensive Study Guide for Crim 1160 Final Exam, Exams of Law

This study guide provides a comprehensive overview of key concepts and terms relevant to the canadian legal system, covering topics such as law schools, legal professions, court structures, criminal law, torts, family law, and administrative law. It offers concise definitions and explanations of essential legal terms and concepts, making it a valuable resource for students preparing for their crim 1160 final exam.

Typology: Exams

2024/2025

Available from 04/16/2025

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Crim 1160 Final Exam Study Guide
Latest Updated Guide 2025/2026
Law Schools - ansTerm used to refer to Faculties of Law at specific universities. Students
gain admission to these institutions after completing an undergraduate degree, or a portion
thereof, from a recognized university; one cannot attend directly from secondary school
Law Societies - ansProvincial associations (which can be subsets of the Canadian Bar
Association) that license lawyers to practice in each province in Canada. Licenses are granted
after a period of articling and successful completion of Bar Admission examinations
Articling - ansAn LL.B. Graduate's period of learning in a legal setting and further series of
tests referred to as Bar Admissions. Only upon successful completion of these criteria can a
person be called to the bar of a province, and practice law
Law School Admissions Test - ansAn aptitude test developed in the US as a means of
determining suitability for legal education and the practice of law. Often criticized for its
cultural ethnocentricity and its lack of useful performance indicators, remains a requirement
for admission to Canada's law schools
LL.B. Degree - ansBachelor of Laws degree granted from a law school in recognition that its
holder has completed a university-mandated legal education. This degree alone does not
entitle the holder to practice law in Canada
Canadian Judicial Council - ansCreated by Parliament in 1971, its statutory mandate is to set
out Judges Act, which states that the council is established to "promote efficiency and
uniformity, and to improve the quality of judicial service" in Canada's federally appointed
courts. The council, which has 39 members and is chaired by the Chief Justice in Canada, is
responsible for the disciplinary measures concerning all federally appointed judges
Provincial Court - ansLowest in the hierarchy of Canada's court system. The trial courts have
4 divisions: criminal, youth, small claims, and family. 90% of all criminal offences are heard
in this court's criminal division
Superior Courts of the Province - ansTwo divisions: Trial Division: hears the most significant
criminal and civil cases Appeal Division: hears all appeals prior to possible consideration by
the SCC
Supreme Court of Canada - ansThe court of last resort since 1949, has 9 justices and hears
appeals in relation to significant criminal and civil cases, and references regarding
constitutional matters
Summary Conviction Offences - ansCrimes specified in the Criminal Code that are
considered to be less serious than others and that carry a maximum sentence of a fine of no
more than $2000 or six months of incarceration
Indictable Offences - ansThose crimes in the Criminal Code that are considered to be very
serious and that carry substantial penalties
Hybrid Offences - ansCrimes in the Criminal Code for which the Crown Attorney may decide
(elect) whether to proceed by summary conviction or indictment by assessing the nature of
the case and the facts evident before trial
Federal Court of Canada - ansComposed of two divisions: Trial Division: Has original
jurisdiction in most cases where relief is claimed against the Crown as well as exclusive
jurisdiction for judicial review of most decisions of federal boards, commissions, or other
tribunals. The court's jurisdiction also includes interprovincial and federal-provincial
disputes, intellectual property proceedings, admiralty matters, immigration proceedings,
matters pertaining to the Charter, citizenship appeals, and appeals under certain federal
statutes. The Appeal Division: Hears appeals from the Trial Division
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Law Schools - ansTerm used to refer to Faculties of Law at specific universities. Students gain admission to these institutions after completing an undergraduate degree, or a portion thereof, from a recognized university; one cannot attend directly from secondary school Law Societies - ansProvincial associations (which can be subsets of the Canadian Bar Association) that license lawyers to practice in each province in Canada. Licenses are granted after a period of articling and successful completion of Bar Admission examinations Articling - ansAn LL.B. Graduate's period of learning in a legal setting and further series of tests referred to as Bar Admissions. Only upon successful completion of these criteria can a person be called to the bar of a province, and practice law Law School Admissions Test - ansAn aptitude test developed in the US as a means of determining suitability for legal education and the practice of law. Often criticized for its cultural ethnocentricity and its lack of useful performance indicators, remains a requirement for admission to Canada's law schools LL.B. Degree - ansBachelor of Laws degree granted from a law school in recognition that its holder has completed a university-mandated legal education. This degree alone does not entitle the holder to practice law in Canada Canadian Judicial Council - ansCreated by Parliament in 1971, its statutory mandate is to set out Judges Act, which states that the council is established to "promote efficiency and uniformity, and to improve the quality of judicial service" in Canada's federally appointed courts. The council, which has 39 members and is chaired by the Chief Justice in Canada, is responsible for the disciplinary measures concerning all federally appointed judges Provincial Court - ansLowest in the hierarchy of Canada's court system. The trial courts have 4 divisions: criminal, youth, small claims, and family. 90% of all criminal offences are heard in this court's criminal division Superior Courts of the Province - ansTwo divisions: Trial Division: hears the most significant criminal and civil cases Appeal Division: hears all appeals prior to possible consideration by the SCC Supreme Court of Canada - ansThe court of last resort since 1949, has 9 justices and hears appeals in relation to significant criminal and civil cases, and references regarding constitutional matters Summary Conviction Offences - ansCrimes specified in the Criminal Code that are considered to be less serious than others and that carry a maximum sentence of a fine of no more than $2000 or six months of incarceration Indictable Offences - ansThose crimes in the Criminal Code that are considered to be very serious and that carry substantial penalties Hybrid Offences - ansCrimes in the Criminal Code for which the Crown Attorney may decide (elect) whether to proceed by summary conviction or indictment by assessing the nature of the case and the facts evident before trial Federal Court of Canada - ansComposed of two divisions: Trial Division: Has original jurisdiction in most cases where relief is claimed against the Crown as well as exclusive jurisdiction for judicial review of most decisions of federal boards, commissions, or other tribunals. The court's jurisdiction also includes interprovincial and federal-provincial disputes, intellectual property proceedings, admiralty matters, immigration proceedings, matters pertaining to the Charter, citizenship appeals, and appeals under certain federal statutes. The Appeal Division: Hears appeals from the Trial Division

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Adversarial System - ansThis system suggests that the truth is most likely to emerge from strong advocacy for opposing points of view. Places its confidence in the counsel who appear before the court Inquisitorial System - ansLegal system that places its confidence in the judge or arbitrator, who is required to ask relevant questions in an effort to determine the truth of the matter Jury - ansA panel of one's peers that is responsible for fact finding or determining the truth or falseness of facts in evidence at trial. Mostly used in criminal proceedings and is not expected to make determinations on the law, a matter left to the trial judge Star Chamber - ansFrom 1487 to 1640 sat in camera (privately) and handed down legal and often arbitrary decisions that were not open to scrutiny by the public Conflict Resolution/Alternative Dispute Resolution - ansNew model for deciding disputes has been developed by communities and the legal profession as an option to the court process. Most common forms are mediation, a form of negotiated settlement between the disputing parties, and arbitration, which has a non-judicial officer determine how the issue in dispute between the parties should be resolved Restorative Justice - ansModels of dispute resolution, such as sentencing circles, that can apply to Aboriginal populations and are said to more accurately reflect the participants' interpretations of justice that those imposed through the British-based Canadian legal system Torts - ansA private wrong (as opposed to a crime which is a public wrong punishable by the state). Torts can only be pursued as a private matter by or against another individual corporation, or arm of government Intentional Tort - ansTorts that occur as a result of a wrongdoer intentionally (or apparently intentionally) harming another either physically or mentally. These include the torts of assault, trespass, and defamation Negligence - ansA person or legal entity will be found to be negligent when his, her or its conduct falls below the standard expected of the reasonable person in the specific circumstances in question, and when damages are incurred as a result Reasonable Person - ansFictional character who exists in private law (primarily tort) and who decides whether explanations offered by the wrongdoer are rational Plaintiff - ansA person who has been harmed by the actions of another and commences a lawsuit to redress the wrong, usually by seeking an award of damages Criminal Code - ansFederal statute enacted in 1892 which sets out most public crimes and their penalties Punitive Damages - ansDamages that are awarded in tort beyond what is necessary to compensate an individual or a legal entity for losses sustained and for pain and suffering. The purpose is to deter the conduct in question, thus bringing a public law objective to the realm of private law Liability - ansWhat the court decides in a private law action. In this situation, the court assesses fault and decides whether damages are awarded. Differs from finding of guilt, which is the determination that a judge must make before a wrongdoer can be convicted in criminal law Defendant - ansThe person against whom a private law proceeding has been brought as well as the term used for a person who is charged in criminal law Consent - ansA defence to allegations that an intentional tort has been committed; can also be used as a defence in criminal law

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reviewed for a limited number of reasons, including abuse of discretion, violation of the principles of natural justice or procedural fairness, or failure to conform to the technicalities of the empowering legislation Natural Justice - ansThe written and unwritten rules and procedures to be followed by any person charged with the duty of adjudicating disputes. The chief rules are a duty to act fairly, to act in good faith, and to act impartially or without bias Doctrine of Fariness - ansAn extension of the principle of natural justice, which requires administrative tribunals to act with both substantive and procedural fairness to all parties Audi Alteram Partem - ansLatin maxim that means "hear the other side", this rule requires that parties to a dispute have a fair hearing, which includes notice of when and where the hearing is to be held, the opportunity to bring witnesses, and the right to cross examine the witnesses brought by the opposing litigant Nemo Judex - ansAbbreviation of a Latin maxim means that no person should act as judge on his own behalf, the apprehension of bias on the part of the decision maker must be excluded from all decision making within an administrative tribunal, board, committee or commission Conviction - ansRefers to the determination by a court that a person is responsible for or guilty of the crime they have been accused of Actus Reus - ansLiterally the evil act a key component of conviction for any criminal offence. For an individual to be convicted of a crime, actus reus and mens rea must coincide at the time of the offence. Without a coincidence of an evil act and an evil intent, there can be no conviction for crime Objective Intention - ansAn element of mens rea that is applied in certain cases and determines whether a reasonable person would have expected a criminal deed to flow from the defendant's actions Subjective Intention - ansAn element of mens rea that asks the question whether the defendant expected that a criminal deed would result from his or her actions Strict and Absolute Liability Offences - ansOffences that arise from the breach of regulatory or public welfare statutes and that do not typically lead to an incarceration; nor is intent a necessary element of the offence. The fact that the action occurred is evidence that the offence was committed. Usually in these situations, the onus is on the defendant to prove that they were not the cause of the offence Defences or Mitigations of Criminal Responsibility - ansUsed by the accused to demonstrate that they were not criminally responsible for the crime that they committed, or that they had diminished responsibility Sentencing - ansThe task of imposing a penalty for a crime. The purposes are set out in section 718 of the Criminal Code - denouncing unlawful conduct, deterring the offender and others, separating the offender and others, separating the offender from society where necessary, assisting in rehabilitation, providing reparation for harm done to victims, and promoting a sense of responsibility within offenders, and acknowledgement of the harm done by their actions Legal Independence - ansRule of Law Judicial Independence Lawyer Independence Rule of Law - ansAll are equal under the law No one is above the law - all are accountable Fundamental principle of Canadian democracy

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Guards against arbitrary government Submission of all to the law Separation of powers within the state Independent judiciary Independent legal profession If the executive branch interferes with the judiciary this erodes the rule of law and the protections it affords Judicial Independence - ansJudges are free to make decisions without interference or influence from any source State can't tell a court/judge how to decide a case, nor discipline a judge for a decision Judges must be impartial

  • Constitutional right to a fair and impartial judicial decision-maker
  • Judges can't be influenced by the government Judges must be accountable
  • Decisions can be examined by a higher court - may be appealed
  • Judges are responsible to the court
  • Conflict of interest must be disclosed Lawyer Independence - ansLawyers are able to act in their client's best interest without fear of interference The public has a right to obtain legal advice from a lawyer whose primary duty is to his or her client, not to any other person and especially not the state Lawyers owe a duty of loyalty (includes confidentiality) to their clients Loyalty balanced with professional obligations as a member of the legal profession Duty of integrity and honesty as an officer of the court In order to practice law in BC, a lawyer must be a member of the law society independent of government, regulates legal profession in the public interest Joining Canadas Legal Profession - ansLawyers
  • At least two years undergraduate
  • LSAT
  • Apply and be accepted to law school
    • 3 years to complete LL.B. Or J.D.
  • Write the Bar Examination PLTC
  • Articling
  • Be accepted into the Law Society
  • Work for a firm or start your own Admission to Law Societies - ansLL.B. Or J.D. Bar Exam PLTC Articling Be of good character Lawyers Ethics - ansPromote interests of the state Serve cause of justice Maintain authority/dignity of courts Be faithful to clients Be candid and courteous to other lawyers Demonstrate personal integrity

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Evidence is not unduly prejudicial Evidence should only relate to present case Rules of Procedure - ansEnsure both sides are treated equally and fairly Creates atmosphere of respect Truth should emerge through questioning Rules of Evidence - ansKeep the contest fair Rules of Procedure - ansTruth emerges through questioning Strengths of Judge - ansImpartial Fair Independent Disadvantage of Judge - ansExperience can't be utilized in a case (lawyer knowledge) Strength of Legal Representation - ansChoice of lawyer by client Disadvantage of Legal Representation - ansLawyers can be very expensive Strength of Parties - ansMake the best case Disadvantage of Parties - ansCreate further animosity, delay, cost Strength of Burden/Standard - ansEveryone knows burden of proof and standard to reach Disadvantage of Burden/Standard - ansMore concern with winning than truth Strength of Evidence/Procedure - ansEnsures fairness Disadvantage of Evidence/Procedure - ansWitnesses may be intimidated, may be mislead, can only respond, relies on memory of witness, expert testimony may be given too much weight, truth may not come out Inquisitorial System - ansCivil law jurisdictions Judge is more actively involved/central role No jury trials Accused can be compelled to answer questions Features of the Inquisitorial System - ansRole of Parties

  • Greatly reduced
  • Respond to directions of court
  • No party control
  • Reduces inequity between parties - control with judge Role of Judge
  • More active role
    • Investigate cases
    • Define issues to be resolved
    • Gather evidence with police
  • Judge's objective to find truth of the matter
    • Calls and questions witnesses
    • May raise other matters of law or fact Role of Legal Representation
  • Lesser role
  • Assist judge to find truth
  • Further questioning of witnesses Burden/Standard of Proof
  • No formal burden or standard of proof
  • Judge is responsible for bringing evidence and finding the truth
  • Pursuit of truth is the main objective

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Rules of Evidence and Procedure

  • Less reliance on strict rules
    • Hearsay and improperly obtained evidence are admissible
  • Extensive use of written evidence
    • As opposed to mainly oral in adversarial
  • Witnesses are allowed to tell their story Advantage Role of Judge (Inquisitorial) - ansAll evidence is considered Pursuit of Truth Disadvantage Role of Judge (Inquisitorial) - ansEvidence may lead to prejudice/unfair result Advantage Role of Legal Representation (Inquisitorial) - ansMore equal Disadvantage Role of Legal Representation (Inquisitorial) - ansMercy of Judge Advantage Evidence and Procedure (Inquisitorial) - ansWritten takes less time/money Disadvantage Evidence and Procedure (Inquisitorial) - ansCan't cross examine Canada's Court System - ans4 levels
  • Provincial/Territorial: Majority of cases
  • Superior Court of Province: Serious cases
  • Federal Court
  • Provincial Court of Appeal and Federal Court of Appeal
  • Supreme Court Provincial/Territorial Courts - ansCriminal, Youth, Family (not divorce), Regulatory offences, Small claims (35,000 or less), Preliminary inquiries Exclusively trial courts Lowest level courts Judges appointed and paid by provincial/territorial government Specialized trial courts Majority of cases No juries Superior Courts of the Province/Territory - ansDifferent names Inherent jurisdictions Try the most serious criminal/civil cases Some have established specialized courts Also act as court of first appeal as well as trial court Administered by Provincial Government Judges appointed and paid by federal government Court of First Instance - ansWhere trials started Juries - ansGive citizens role in administration of justice Charter guarantees jury trial if facing imprisonment of over 5 years Jury tries fact, judge tries law 12 members criminal, 8 members civil Unanimous decision criminal, 6/8 civil Come to decision of guilt or innocence, if guilt judge sentences accused Appeals - ansJudicial decisions can be appealed with proper grounds to appeal Not a retrial, finding if the judge was at fault, a material mistake that affects the case Courts of Appeal - ansHears only appeals More than one judge usually 3 or 5 Each province/territory has a court of appeal

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Robinson was not liable Tort Law - ansRights and obligations If someone harms another they should be compensated for harm Intentional torts, Negligence, and Strict Liability: Unintentional/Accidental Negligence - ansMost common form of tort law Created by judges Civil wrong not criminal wrong Provide a remedy - generally in the form of damages

  • Most commonly financial Must take reasonable effort to avoid acts or omissions that may harm others (duty of care) What would a reasonable person do in that situation? If not reached (breach of duty) Link between what defendant failed to do and the injury (causation) Sustain damage (harm or injury) (damage) If all 4 are met defendant is tortiously liable Duty of Care - ansMust take reasonable effort to avoid acts or omissions that may harm others Breach of Duty - ansWhat would a reasonable person do in that situation? If not reached Causation - ansLink between what defendant failed to do and the injury Damage - ansSustaining harm or injury Negligence Liability Equation - ansDuty of Care + Breach of Duty + Causation + Damage = Tortious Liability Criminal Liability Equation - ansActus Reus + Mens Rea + Lack of Criminal Defence = Criminal Liability McQueen v Alberta - ans-Damage Condition met
  • Causation: Dove into shallow water
  • Duty of care was not met, breach of care not met Defences to Negligence Claims - ansContributory Negligence Assumption of Risk Contributory Negligence - ansPlaintiff contributes to negligence
  • Plaintiff's conduct falls below certain standard for plaintiff's protection, and this conduct cooperates with the defendant's harm Assumption of Risk - ansWhen a plaintiff assumes the risk involved in an obviously dangerous activity but proceeds to engage in the activity anyway, he or she may not be able to recover damages for injuries Damages - ansMonetary compensations that is claimed by a person or awarded by a court in a civil action to a person who has been injured or suffered loss because of the wrongful conduct of another party
  • Remedy not punishment Intentional Tort - ansRequires intent Can be a crime or a tort Specific torts: Intentional
  • Assault
  • Battery
  • False Imprisonment
  • Intentional Infliction of Emotional Distress
  • Defamation

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  • Trespass Intentional Tort: Assault - ansAny direct and intentional act that causes a person to apprehend immediate harmful or offensive bodily contact is an assault (threat) Intentional Tort: Battery - ansDirect intentional touching of another person in a harmful or offensive way, without consent Intentional Tort: False Imprisonment - ansIntentionally confines another person, either physically or just by overcoming their will, to a definable area from which there is no apparent means of escape Intentional Tort: Intentional Infliction of Emotional Distress - ansIntentionally or recklessly inflicting the emotional distress by behaving in a way that is "extreme and outrageous"
    • Actions must be:
    • Intentional or reckless
    • Extreme and outrageous
    • The cause of emotional distress Intentional Tort: Defamation - ansIntentional making of a false statement about a person that injures their reputation
    • Written: Libel
    • Spoken: Slander Intentional Tort: Trespass - ansIntentional interference with someone's property Intentional torts Defences - ansConsent Lawful Authority Self-Defence Defence of Property Necessity Provocation is not a defence Consent - ansDefendant has plaintiff's consent, plaintiff can't sue Lawful Authority - ansThose with lawful authority are allowed to do so Self-Defence - ansAllows reasonable force to protect
  • Must be proportionate
  • If attacker stops but defender keeps going no longer a defence Defence of Property - ansMust be reasonable and proportionate Necessity - ansWas it necessary Provocation - ansNot a defence
  • Can lower damages Strict Liability - ansImposition of liability on a party without a finding of fault, the claimant need only prove that the tort occurred and that the defendant was responsible. The law imputed strict liability to situations it considers to be inherently dangerous Arthur v Wechlin - ansAssault and Battery
  • Arthur awarded $500,
  • Wechlin perceived assault and acted in self-defence
    • Used more force than necessary Malette v Shulma - ansBattery
  • Received blood transfusion without consent
  • Awarded $20, Family Law - Marriage - ansFederal Law
  • Age of marriage

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  • Parenting arrangements Guardians and Guardianship - ansParents are guardians
  • Responsible for caring for and making decisions for their children
  • Guardian if you live with child
  • Non-parents can become guardians by court order Parental Responsibilities - ansDay to day care Healthcare, education, religious upbringing, activities, where the child lives Parenting Time - ansIf one guardian no longer lives with the children, that guardian has parenting time Parenting Arrangements - ansSharing parental responsibilities and parenting time Contact with the Child - ansTime a person who is not a guardian spends with the child Child's Best Interest - ansCourt decision based on:
  • What the child wants/needs
  • Who cared for the child in the past
  • History of violence
  • Parental capability Child Support - ansThe money one parent pays to the other parent to help provide for the child's daily needs Each parent has a legal responsibility to support the child, until the child is at least 19 - child's right Child support table When the Child Support Table Amounts may not Apply - ansUndue hardships Extraordinary circumstances Married before 19 Leave home before 19
  • May go past 19 (disability etc.) Spousal Support - ansLimited duration Agreement or go to court Recognize financial advantages/disadvantages No economic hardships as result of breakdown Share financial burden of children Financially independent in a reasonable amount of time Various factors for spousal support amount Dividing Family Property - ansFamily property is everything you or your spouse own together or separately on the date you separate Family debts are debts you take on during the relationship that:
  • You still owe on the date you separate
  • Owe because of divorce to maintain
  • Excluded property: Property one spouse owned before relationship, gifts and inheritances given to one
  • Unless value of excluded property increases, increase is family property Unequal division of family property and debt possible based on specific circumstances Administrative Law - ansPublic Law Decision making of government Expanded during 20th century
  • Provincial minimum wage laws, federal laws about right to employment insurance

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Disagreement with Government - ansIf you disagree with a decision that a particular government agency has made, an administrative tribunal will hear your complaint and make a decision about your case Types of Tribunals - ansAdjudicative tribunals

  • Solve disputes Some make decisions about rights or benefits Some hear complaints about professionals Regulatory tribunals set regulations for the operation of industry Appeal tribunals hear appeals from decisions made by tribunals or decision makers Complaints and Disputes - ansAn administrative tribunal or special board or commission will hear your complaint Tribunal Hearings - ansChaired by an independent person/expert Decisions are often binding Separate from court system/parallel Tribunals vs Courts - ansLess formal, less expensive, quicker Special knowledge (adjudicators) vs general knowledge (judges) Both must be fair when applying the law and reaching a decision Tribunals - ansEstablished by body that made the law
  • Members appointed by body that established Fairness (duty to be fair) - ansPerson has right to know the case and respond Adjudicator can't be biased Adjudicator who hears the case must decide the case Adjudicators must give reasons for the decision Appeal Boards - ansAppeal decisions of tribunals Judicial Review - ansCourts review the decision of a tribunal Tribunal decision was flawed, adjudicator made an error, jurisdiction error, did not follow duty to be fair
  • Stand of review is reasonableness Criminal Law - ansState imposing sanctions for defined crimes Create just and peaceable society Public law - state and individual Federal jurisdiction Provincial - quasi-criminal offences eg. Motor Vehicle Act Criminal Code of Canada - Federal statute
  • Specific offences, majority of offences
  • Applies to all of Canada Crime - ansIndividual breaks the law Actus Reus: the evil act Mens Rea: guilty mind
  • Both are required for criminal offences Principles of Criminal Law - ansPresumption of innocence: Innocent until proven guilty Burden of Proof: Crown must prove guilt
  • Beyond a Reasonable Doubt:
  • If reasonable doubt (judge or jury) must find guilt Categories of Crime - ansSummary Conviction Offences Indictable Offences

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Intends to kill one target but unintentionally kills another Exceptions to Mens Rea - ansStrict Liability Absolute Liability

  • No mental component needed (eg. speeding) Other Elements of Crime - ansGuilt to incomplete offences Attempt to Commit an Offence - ansCan be found guilty of attempt even if impossible to do action Requirements of Attempt - ansIntention Some act toward committing the offence occurred Beyond mere preparation Offence did not reach full completion Other Elements of a Crime - ansHelps Aids Assists Before, after, or during Anyone is a party to that crime and can be charged with an offence Parties to an Offfence - ansPerpetrator Aiding Abetting Counselling Procuring Accessory after the fact Exception for spouses Perpetrator - ansCommits the act or offence Aiding - ansDoes or omits something which aids commission of offence Abetting - ansEncourages orally/passively the offence Counselling - ansPerson who organizes the commission of a crime, advises others how to commit crime, supplies equipment to commit crime Procuring - ansRecruits others to commit a crime Accessory After the Fact - ansKnows someone has been party to an offence receives, comforts, or assists for the purpose of enabling that person to escape Criminal Defences - ansAn accused person who is able to raise a defence Automatism - ansLack voluntarily control - not guilty
  • Mental disorder
  • Non-medical disorder (eg medical condition) Consent - ansNot guilty Minors can't consent to intercourse Can't consent to serious bodily harm Duress/Compulsion (limited) - ansThreat of immediate bodily harm Entrapment - ansPolice set up situation for person to commit an offence (must be already engaged in crime to be valid) Intoxication - ansCan be a partial defence for specific intent crimes (eg murder becomes manslaughter) NCRMD - ansNot criminally responsible on account of mental disorder Mistake of Fact - ansHonest mistake innocent circumstances Ignorance of the Law - ansNot a valid criminal defence

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Necessity - ansImminent risk requires the law to be broken Provocation - ansPartial defence reduces murder to manslaughter Self-Defence - ansFull defence, not guilty

  • Accused must be under reasonable threat of harm/death
  • Accused must believe there is no alternative
  • Must be proportionate, ends after attack is done