Vertical diffusion of power
Horizontal diffusion of power
Federalism
Separation of powers, judicial review
What broadened judicial review
Charter of Canadian rights and freedoms
Mustapha vs Culligan
remoteness
constitutions and administrative law is
public
Lord’s day prohibition act
r v Big Man Drug Mart
Role of power in law
Critical legal theory
Case law cannot contradict
Parliamentary supremacy
Not a function of modern law
Does not seek towards economic and social equality
What does the crime severity index look at
Police reported crime
What is right is what is lawful
positivism
What is an exception to mens rea
All the above
Under 5K or less than 5 years of jail time
What court handles it
summary offences
Provincial lower
What is a hybrid offence
something that could either go summary or indictable
Criminal law
is concerned with ___ ___
Functions :
Two types of deterrence
Expresses ____ behaviors
Public wrongs
Specific deterrence on the offender, general deterrence to send a message
Express reprehensible behaviors
3 categories of crime
1) Offences against persons
2) Offences against property
3) Offences deemed wrong in and of
themselves
What is the simultaneous principle?
Crime that requires the simultaneous coincidence of mens réas and actus réas
OR
That the act was done and was there intent behind the act
Definitions of
Mens Reas
Actus Reas
What are the two means for assessing intent?
Mens Reas is evil mind or intention
Actus Reas is an evil act
Objective (reasonable person) and Subjective (mind of offender)
What is section 21
Includes aiding and abetting an offence
Prescence is not enough, has to be some kind of support
What are the 4 exceptions to Mens rea (aka intent)
S___ Liability offences
A___ liability offences
C___ Homicide
C___ Negligence
Strict liability
- onus falls on accused to prove they had no intent
Absolute liability
- intent is irrelevant
Culpable homicide
- someone intentionally or unintentionally kills someone
Criminal negligence
- negligence showing disregard for safety and lives of others (reasonable person)
R v Cooper (1993)
Men’s rea (intent) does not need to persist during an entire event, has to be present at only one point
