Cdn criminal law terms (intro)
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| Absolute Liability | regulatory offences based on proof that the accused committed the prohibited act (actus reus), but need not involve proof of criminal intent (mens rea).
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| Accessory After the Fact | when a person who, knowing that another person has committed a criminal offence, helps that person to escape.
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| Accused | a person against whom a criminal or quasi-criminal charge has been laid.
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| Actus reus | “guilty act”; the physical wrongdoing of a crime. Also includes failure to act (omission)
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| Adversarial System | when both the accused defendant and the Crown are allowed to argue their cases effectively before a fair and impartial judge.
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| Aiding or Abetting | An aider is a person who knowingly assists in the commission of a crime in any way. An abettor to an offence is one who knowingly encourages another to commit a criminal act.
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| Attempt | intent to carry out an unlawful act, some act or omission toward committing the offence, and noncompletion of the criminal act.
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| Counselling | may be charged when one advises, recommends, or encourages another person to be party to an offence.
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| Crime | an act or omission, prohibited by law, which is considered a wrong against society and society’s values and morals.
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| Criminal Procedure | rules and regulations for following criminal law designed to ensure the equality of all individuals before the law.
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| Criminally Responsible | under Canadian law, persons over the age of twelve are deemed criminally responsible for actions that may contravene criminal or quasi-criminal statutes.
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| Defence | any denial or answer to the charge against an accused person. A defence is also a legally recognized excuse or justification for criminal conduct.
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| Due Process | the procedure in the Canadian judicial system whereby an individual is provided all procedural safeguards of the law.
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| Fundamental Justice | the principles of fundamental justice require that all persons investigated for and accused of a crime receive procedural protections to ensure that they are treated fairly throughout the process.
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| General Intent | a level of mens rea where the accused needs not have intended to commit the offence or cause the results, but must have intended to act in a way that resulted in the offence occurring.
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| Habeas Corpus | the right to habeas corpus involves the right to a hearing to determine if an accused is being legally detained before trial.
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| Hybrid (or Dual Offences) | allow the prosecution to elect to proceed by way of summary conviction or by way of indictment.
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| Indictable Offences | include serious crime that is subject to stiff penalties, and that is prosecuted using the more formal set of criminal procedures including a preliminary inquiry and jury (if the accused so chooses).
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| Jurisdiction | the federal government has sole power and responsibility to create criminal law, while the provinces have the power and the responsibility for the administration and enforcement of criminal law.
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| Legal Rights | legal rights of Canadians are protected as components of fundamental justice under the Charter of Rights and Freedoms.
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| Morality | some actions are deemed criminally offensive because they offend the morality of the predominant worldview in society.
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| Mens rea | “guilty mind”; element of an offence that describes the state of mind or intent.
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| Norms | the expected standards of behaviour within a group.
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| Offences Involving Automobiles | 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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| Offences Against Morality | offences against morality include gambling in contradiction to regulations, prostitution and obscenity.
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| Offences Against People | offences against people include homicide, manslaughter, counselling or aiding suicide, assault and sexual assault.
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| Offences Against Property | offences against property include theft, break and enter, mischief and fraud.
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| Prosecution | the Crown prosecutor represents the state in criminal prosecutions, and is given the task of proving the case that an accused is guilty beyond a reasonable doubt.
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| QuasiCriminal | law made by provinces, municipalities and band councils; criminal law can be enacted only at the federal level. Examples include traffic laws, wildlife protection laws and local by-laws.
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| Specific Intent | a level of mens rea that requires the prosecution to prove that the accused meant to commit the offence or to cause certain results.
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| Strict Liability | 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.
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| Summary Conviction Offences | less serious crime that carries a light penalty. The accused may be tried in provincial court without a jury or a preliminary hearing.
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| Suspect | a suspect is an individual whom is being actively investigated with regard to an offence, but has not yet been charged.
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| Values | the beliefs people will act upon because they believe them to be correct and acceptable behaviour. People use values as criteria on which to base their judgments about issues significant to them and society.
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