Consists of conduct that is prohibited because it is considered to have an "evil or injurious or undesireable effect upon the public" & penalty that may be imposed if the prohibition is violated
Summary Conviction Offences
Often less serious in nature and may only be tried before a provincial court judge
Indictable Offences
The most serious criminal offences
Accused
Accused is the person against whom a criminal charge has been laid
True Crime
offences that represent a serious breach of of community values and are considered to be both wrong and deserving of punishment
Regulatory Offence
offence arising under regulatory legistlation (federal/provincial/territorial/municipal)
Quasi-Criminal Law
Refers to reg. offences opposed to true crimes
Primary Sources of Law
Main source of law. including statutes and case law in the Canadian legal system
Sources of Criminal law
Primary sources of criminal law are:
1. Legistlation
2. Judicial decisions that either interpret such legistlation or state the "common law"
Substantive Criminal Law
Legistlation that defines the nature of various criminal offences and specifies the various legal elements that must be present before a conviction can be enetered agaianst an accused person
Criminal Procedure
Legistlation that specifies the procedures to be followed in the prosecution of a criminal case and defines the nature and scope of the powers of criminal justice officials.
Contempt of Court
covers any wilful conduct on the part of the accused that tends to interfere with the proper administration of justice or to bring it into disrepute
Common Law
Legal systsme inherited from England
Doctrine stare decisis trequires courts to apply principles from those cases highest in the court heirachy
Burden of Proof
Indicates which party is responsible for proving certain facts in a trial