Crime

CLN4U

Legal Definition

In Canada, a crime can be defined as any act or

omission, the doing of which is an offence under
federal legislation
Some examples of federal legislation outlining
crimes are:

Criminal Code
Child and Youth Justice Act
Narcotic Control Act
Food and Drugs Act
Income Tax Act

Legal Definition

In Canada, only offences defined in

federal law can actually be called crimes
Offences covered by provincial or
municipal law (and for which there is
punishment) are called penal offences or
regulatory offences

Legal Defintion

Crimes such as murder, robbery, sexual

assault, burglary, and theft are defined by
the federal criminal code
Other offences such as tax evasion and
drug trafficking are defined by specific
acts of parliament
A provincial or municipal offence is NEVER
a criminal offence

The Criminal Equation

ACTUS REUS + MENS REA = CRIME

Actus Reus

Literally, the "guilty act"

This is the physical act of an action that is
contrary to a law
The prohibited physical act must be
voluntary acts (wilful, conscious acts you meant to do it)
The statutory provision creating the
offence will usually specify the conduct
required for actus reus

Example from Criminal Code

253. Every one commits an offence who operates a

motor vehicle or vessel or operates or assists in the
operation of an aircraft or of railway equipment or has
the care or control of a motor vehicle, vessel, aircraft or
railway equipment, whether it is in motion or not
while the person's ability to operate the vehicle, vessel,
aircraft or railway equipment is impaired by alcohol or a
drug; or
having consumed alcohol in such a quantity that the
concentration in the person's blood exceeds eighty
milligrams of alcohol in one hundred millilitres of blood.
In this example, the criminal offence is for an act. In
addition, the actus reus has two parts:

Operating, having care, control or assisting the operation (varies

with the vehicle)
Impairment (two standards given)

Another example

Actus reus provided by an omission to act :

252. (1) Every person commits an offence who has the
care, charge or control of a vehicle, vessel or aircraft
that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of
another person,
and with intent to escape civil or criminal liability fails to
stop the vehicle, vessel or, if possible, the aircraft, give
his or her name and address and, where any person has
been injured or appears to require assistance, offer
assistance.

Mens Rea

Literally, the "guilty mind"

Means one must have the necessary mental
elements to make the actions punishable under
criminal law
A simplistic definition: where a person
intentionally does the forbidden act with the
knowledge of all the wrongful circumstances
which the statute seeks to prohibit
In order to have mens rea, one must know of
the existence of the facts that comprise the
actus reus

Intent

Within the concept of mens rea, there are

two possible types of intent

subjective intent
objective intent

Subjective Intent

Concerns the accused's state of mind at

the time of the guilty act
Only the accused's actual intention or
knowledge of the effects of his or her
conduct matters

Subjective Intent

Within subjective intent are two sub-categories

that are most important:
Recklessness: consequences were not
intended, or risk of consequences is understood
but act is committed anyway, the recklessness
will form the subjective intent necessary for
mens rea.
Willful blindness: person wondered about the
consequences of actions, but doesn't inquire
with the idea that "What I don't know can't hurt
me!" will have subjective intent through willful
blindness.

Objective Intent

Has little to do with the accused's state of

mind
Looks at what a reasonable person would
have understood, perceived or foreseen in
the circumstances
Very important for civil liability, less
important for criminal liability

No Mens Rea?

While most Criminal Code offences require

full mens rea, there are some offences for
which only some of the conditions of mens
rea are required, while there are others
where there is no mens rea requirement
The division of offences into these three
classifications is largely due to the ruling
of the Supreme Court of Canada in R. v.
Sault Ste. Marie (1978).

Types of Offences

Mens Rea (aka subjective mens rea)

Strict Liability (aka objective mens rea)
Absolute Liability

Mens Rea Offences

The Crown must prove full mens rea

Crimes which carry great stigma and high
levels of punishment, such as murder
Where the legislation contain the any of
the following terms: willfully; with intent;
knowingly; intentionally
Sometimes called "subjective mens rea."

Strict Liability Offences

The Crown does not have to prove mens

rea, as doing the prohibited act is
sufficient for guilt, but the accused has an
opportunity to prove he or she took
reasonable care to avoid committing the
offence.
These are "public welfare" offences, such
as health or the environment
Sometimes called "objective mens rea"

Absolute Liability Offences

The Crown does not have to prove mens

rea, and there is no opportunity given to
the accused to show that they were free
of fault
This is in instances where the legislature
made it clear that guilt would follow the
mere doing of the prohibited act
Ex: impaired driving

Types of Crime

Indictable Offences
Summary Conviction Offences
Hybrid Offences

Indictable Offences

Serious offence
No limit to lay a charge
Penalty provided in Criminal Code, issued
at discretion of judge

Summary Conviction Offences

Least serious offence

6 months to lay a charge
Maximum penalty $5000/6 months

Hybrid Offences

Dual offence - can proceed at either level

(discretion of the Crown)
Generally proceeds at the level at which a
conviction is guaranteed