Crimes in Canada

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Crimes in Canada

• Audrius Stonkus

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Strict and Absolute Liability Offenses

• Non-Intent Offences
• There are two sets of circumstances whereby only
  actus reus, but no mens rea need exist in order
  for a crime to have occurred. This means that no
  moral fault exists. The first are strict
  liability offences, and the second are absolute
  liability offences. These are not true criminal
  offences, but rather contravention of regulatory
  statutes.

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Strict Liability Offences

• For offences of this nature, the general
  protection of the public is the intent, rather
  than punishment of offenders. These include
  primarily quasi-criminal offences of regulatory
  nature, to protect the health, safety,
  environment and general welfare of the public.
  Examples include wildlife laws at the provincial
  level, and laws regarding taxation and
  environmental protection at the federal level.
• Due diligence may be offered as a defence to a
  strict liability offence.

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Absolute Liability Offences

• Absolute liability includes commitment of a
  regulatory offence, but offers no defence as is
  available in the strict liability offence.
  Examples of an absolute liability offence would
  include failing to stop for a stop sign, or
  speeding.

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Strict Liability/Due Diligence

• Know that a strict liability offence depends for
  conviction only on proof of the physical element
  of the offence (actus reus), although there is no
  negligence on the part of the accused
• As a defence to a strict liability offence, an
  accused person must prove the exercise of due
  diligence in order to avoid committing the
  offence. Due diligence involves demonstrating
  that one has undertaken to do everything possible
  to avoid committing an offence. In this way,
  because of reasonable belief in a mistaken set of
  facts, which would, if true, have made the action
  nonoffensive, the accused person may be deemed
  free from fault.

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Absolute Liability

• Absolute liability offences are regulatory
  offences based on proof that the accused
  committed the prohibited act (actus reus), but
  need not involve proof of criminal intent (mens
  rea).
• Know that absolute liability is similar to strict
  liability, but there is no potential for due
  diligence or mistake of fact as a defence in the
  case absolute liability. The Canadian criminal
  justice system accepts offences as absolute
  liability offences only when the written statute
  explicitly identifies the intention of absolute
  liability.

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Questions

• What is a "Strict Liability" offence? Provide an
  example.
• What is an "Absolute Liability" offence? Provide
  an example.
• Why are strict liability and absolute liability
  offences not true criminal offenses?
• What is due diligence? Why is due diligence used
  as an offense against a strict liability offence?

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Criminal Code OffensesTypes of Criminal Code
Offences

• The Criminal Code of Canada outlines the
  provisions of conduct deemed offensive to
  society. These may be categorized according to
  the following criteria
• Offences Against People
• Offences Against Property
• Offences Against Morality
• Offences Involving Automobiles
• Being Party to an Offence

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Controlled Drugs and Substances Act

• The establishment of contraband substance
  offences has changed from the Criminal Code to
  the Controlled Drugs and Substances Act, in order
  to encompass a larger number of offence-creating
  statutes into one piece of legislation, and to
  better reflect societal understanding of this
  area of law. The Controlled Drugs and Substances
  Act includes schedules for classification of
  certain categories of drugs. These include
• Schedule One - includes heroin and cocaine. This
  schedule provides for the most serious penalties
  because the substances included within it are
  deemed to present the greatest health and social
  difficulties.
• Schedule Two - includes marijuana and other forms
  of cannabis.
• Schedule Three - includes drugs such as
  amphetamines and LSD.
• Schedule Four - includes drugs such as
  barbiturates and anabolic steroids. This category
  includes substances that are legal to possess
  with a prescription, but are illegal to possess
  without a legally obtained prescription, and are
  also illegal to import, export or traffic.

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• Offences Against People
• Know that under the provisions of the Criminal
  Code of Canada (2000), offences against people
  include homicide, manslaughter, counselling or
  aiding suicide, assault and sexual assault.
• Offences Against Property
• Know that under the provisions of the Criminal
  Code of Canada (2000), offences against property
  include theft, break and enter, mischief and
  fraud.

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• Offences Against Morality
• Know that under the provisions of the Criminal
  Code of Canada (2000), offences against morality
  include gambling in contradiction to regulations,
  prostitution and obscenity.
• Offences Involving Automobiles
• Know that under the provisions of the Criminal
  Code of Canada (2000), offences involving
  automobiles include impaired driving, driving
  with excess alcohol in the bloodstream, failure
  to provide a breath sample, criminal negligence
  and dangerous driving.

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Drug Offences

• Know that there are six types of drug offences
  created under the Controlled Drugs and Substances
  Act. They include
• possession
• trafficking
• possession for the purpose of trafficking
• importing and exporting
• production
• possession of the proceeds of drug offences
• Another drug-related offence created under the
  Criminal Code of Canada is that of impaired
  driving. While most commonly associated with the
  use of alcohol, impaired driving also is an
  offence that occurs in the event that an
  individual operates a motor vehicle while under
  the influence of other drugs.

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Questions

• How is a Schedule Four drug different from the
  other classification under the controlled drugs
  and substances act?
• Why does a schedule one drug carry a larger
  penalty than any of the other classifications of
  drugs?
• Label the following as either an offence against
  people, property, or morality.
• Teenagers pulling the cable TV connection out of
  the school wall during a weekend party -
• Publishing a nude photograph on a personal
  website -
• Providing someone with a gun after they have
  disclosed plans for a suicide. -
• What are the six types of drug offences?

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Criminal Attempts

• While completed actus reus (physical action) is a
  necessary element of proof in most serious
  criminal matters, the actions of attempting to
  commit a criminal offence may also be deemed as
  offensive in the legal sense.
• For example, if an individual thinks or talks
  about committing a criminal offence, no law has
  been broken.
• However, if the same person attempts to take
  action toward actually achieving the intended
  offence, then a criminal offence has been
  committed, even if the action has not been
  successfully completed.

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Attempt

• Know that under the Section 24 of the Criminal
  Code of Canada, when an individual attempts to
  undertake an offence, an action or omission
  directly connected with the intended crime is, in
  itself, a criminal offence.
• Know that three essential elements of the
  criminal offence of attempt are intent to carry
  out an unlawful act, some act or omission toward
  committing the offence, and noncompletion of the
  criminal act. (Completion of the action would
  eliminate the offence of attempt.)

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Parties to an Offence

• One need not be the principle character carrying
  out a criminally offensive action in order to be
  guilty of the offence. In Canada, it is a
  criminal offence to be party to a criminal
  offence under the following circumstances
• aiding and/or abetting
• counselling

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• Aiding or Abetting
• Know that an aid to a criminal offence is a
  person who knowingly assists in the commission of
  a crime in any way.
• Know that an abettor to an offence is one who
  knowingly encourages another to commit a criminal
  act.
• Counselling
• Know that counselling may be charged when one
  advises, recommends, solicits or incites another
  person to be party to an offence. Under section
  464 of the Criminal Code of Canada, an offence of
  this nature occurs when the counselling occurs
  regarding a crime never committed.
• Under section 22 of the Criminal Code of Canada,
  a counselling offence occurs when an actual crime
  is committed, and this is deemed much more
  serious an offence.

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• Accessory After the Fact
• Another of the criminal offences that may be
  committed without being the principle offender is
  that of accessory after the fact. This may
  include providing food, clothing and shelter to
  one who has committed an offence, if it is
  determined that such assistance was provided for
  the purpose of enabling that person to escape.
  However, a married person may not, under current
  law, be convicted of the charge of accessory
  after the fact when they are an accessory to the
  offence of a spouse in this manner.
• Accessory After the Fact
• Know that it is a criminal offence according to
  Section 23 of the Criminal Code of Canada, when a
  person who, knowing that another person has
  committed a criminal offence, helps that person
  to escape

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Questions

• Why is a criminal attempt a crime? What are the
  criteria of a criminal attempt?
• What does it mean to be a party to an offence?
  In what two ways can you be a party to an
  offence?
• What is the difference between aiding and
  abetting and counselling an offence?
• What is meant by being an accessory after the
  fact? What condition is required in order to be
  an accessory after the fact?