Chapter 3-Criminal Law and Criminal Offences
3.1-3.2
1)Why does criminal law exist?
The law exists to protect people as a society and as individuals.
2)Name 3 purposes that Canadians feel can be fulfilled by criminal law.
Protect people and property.
Discourage potential offenders.
For retribution.
3)What are some of the possible causes of crime?
Poverty, drug addiction,
4)Why does Parliament decide to make certain actions criminal?
Parliament declares certain actions to be criminal to reflect the values and wishes of society.
5)Give 3 examples of laws enacted in the past few years that indicate society's changing values and/or concerns.
Prohibitions against such actions as obtaining body samples for DNA testing
Illegal use of computer data
Penalties for drinking and driving
6)List the conditions that must exist for an action to be considered a crime according to the Law Reform Commission of Canada.
The action must be considered wrong;
The action must cause harm to other people, to society, or to those who need protection (such as minors)
The harm must be serious in both nature and degree
The harm must be dealt with through the mechanism of criminal law.
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1)What is the origin of Canadian criminal law?
the English case law system with slight modifications by English statues.
2)Why was the federal government given jurisdiction over criminal law?
The Constitution Act, 1867 gave the Parliament of Canada exclusive jurisdiction over the criminal law " except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters" Meaning the Provinces were to establish the criminal courts and the federal government was to determine how they operated.
3)What are quasi-criminal laws?
An offence against certain provincial laws; not part of federal criminal law
Ex: traffic offences
4) Where can one find the most common crimes and their...