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Federal Statutes
Law
| Term | Definition |
|---|---|
| Definition of Law | A rule of conduct which is enforced by the courts. |
| Sources of Law | Legislation, Common Law, Case Law |
| Fundamentals of Law are? | Presumed innocence, Burden of proof |
| Presumed innocence | An accused person is presumed not guilty of an offence until proven otherwise by the crown. |
| Burden of Proof | The crowns case must be proved beyond a reasonable doubt. |
| Common Law | Laws accepted as a matter of custom and tradition. Originated from English feudal circuit judges that recognized that certain laws were built up through interpretation of disputes. These laws were common to the whole realm. The right to search upon arres |
| Case Law | Ruling and interpretations of law made by a level of court. Generally speaking, lower courts are bound by the decisions of the higher courts. |
| Elements of a crime | Actus Reus, Mens Rea |
| Actus Reus | Physical element of a crime that is laid out in legislation |
| Mens Rea | Mental Element required to commit the crime. |
| Classification of offences | Summary conviction, Indictable offences, Dual procedure |
| Summary Conviction offence | Unless other provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than 5000.00 or to a term of imprisonment of not more than two years less a day, or to both. |
| Indictable offences | Indictable offences are of a more serious nature. The accused my elect the mode of trial, And information can be laid at any time . |
| Hybrid offences | Allows the prosecutor to choose between proceeding by way of summary conviction or by indictment. This account for most the charges in the Criminal Code. Should the prosecutor proceed by indictment, The accused may still elect the mode of trial. |
| Justified | Protected from criminal and civil Liability. |
| Acting with good faith | With honest intention and free from any knowledge of irregularity. |
| Lawful Authority | Authorized by law, acting in good faith. |
| Arrest | An Arrest consist of either (i) the actual seizure or touching of a person's body with a view to his or her detention or (ii) the pronouncement of "word of arrest" to a person as long as her or she submits to the arrest. |
| Detention | A person is detained where he or she submits or acquiesces to the deprivation of his or her liberty and reasonably believes that there is no choice to do otherwise. |
| Reasonable grounds | An arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from and objective point of view. |
| reasonable grounds con't | That is to say , a reasonable person placed in the position of the officer must be able to conclude that there were reasonable and probable grounds for the arrest. |
| Finds committing | See an offender actually commit an offence, or seeing an offender commit an offence and pursuing them immediately and continuously until they are apprehended. |
| Forthwith | Does not mean immediately but merely as soon as is reasonably practicable under all the circumstances. |
| Accused | Includes (i) a person to whom a peace officer has issued an appearance notice under section 497, and (ii) a person arrested for a criminal offence. -s.493 cc. |
| Charge | when information is sworn before a justice and a prosecution is initiated. |
| execution of Duty | Lawfully preforming an identifiable and specific or special duty authorized by statute or common law. |
Created by:
matorious
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