CHAPTER

10
Specific Offences
&
Specialized Courts
 Expected Learning Outcome

Identify specialized types of courts

01 Describe various common offences 03 and the Criminal Justice System

Outline the elements of various Explain the functions of each

02 common offences 04 specialized court
 Introduction

Some Criminal Code offences occur more frequently than others. Police
report a crime in Canada is measured by a tool called the crime severity
index or CSI.

CSI is divided into two categories:

Violent crimes such as homicide in robberies and

Nonviolent crimes such as property-related offences like theft and
fraud

 Common Criminal Offences

Assault

There are different types of offences involving assault, depending on the circumstances, factors such as whether a weapon was
involved dictate what type of assault we are dealing with. Also considered in such contemplations is the severity of the injuries
to the victim which includes things such as bodily harm, wounding or maiming.

Assault - Involves no injuries to the victim or minor injuries

Section 265(1)(a) of the Code sets out what is considered to be an Assault:

Without the victim's consent, direct or indirect force is applied intentionally to the victim
An attempt or threat of force is made to the victim from an act or gesture, where the victim has reasonable grounds to
believe that the accused can carry out the threat
While carrying an actual or imitation weapon, the accused accosts or impedes the victim

If the victim consented to the application of force, then no charge ought to be laid.

For example:
If two people agree to a mutual fight, where no weapons are used and resulted in no injuries then one person cannot complain
of an assault by the other. Consent is not obtained by the accused who commits fraud to obtain it or is in a position of authority
over the victim.

 Common Criminal Offences

Assault

The Force used in an assault may be direct or indirect.

Direct force - applies when the accuses a part of their body to apply force to the victim. A slap, punch, or kick would fall under direct force.

Indirect force - is when another object is used to cause the assault.

For example:
A person causes an object to fall on the victim.

An example of an act or gesture used to threaten the victim would include:

The accused threatening to punch the victim by shaking their fist close to the victim's face.

An assault is also carried out where the accused openly holds or carries a weapon while impeding or accosting the victim.

As demonstrated by these examples, assault does not have to include actual physical force or injury to the victim. However, the victim must
reasonably believe that the accused can carry out their purpose. The mental element of an insult involves intention. If the accused acted upon
reflex or accident, the Crown will not be able to prove mens rea.

For example:
The accused climbed up a steep hill and suddenly lost her balance, grabbing the victim's shirt in the process, the Crown would have a difficult
time proving the men's Rea element of the offence.

Assault Causing Bodily Harm - Involves the victim sustaining injuries that are not minor or trivial

 Common Criminal Offences

Assault (Penalty)

As outlined in Section 266 of the Code, assault is a hybrid offence. If the Crown proceeds
by summary conviction, the general penalty Section for Summary Convictions will apply

General penalty
S. 787 (1)
Unless otherwise provided by law, every person who is convicted of an offence punishable
on summary conviction is liable to a fine of not more than $5,000 or to a term of
imprisonment of not more than two years less a day, or to both.

 Common Criminal Offences

Causing a Disturbance/Indecent Exhibition/Loitering/Discharging a Firearm
(All Forms of Disorderly Conduct)

Dwelling House - A part of a building or structure used for permanent or temporary residence
Public Place - Any place to which the public has a right of access or is invited

Although the listed offences are separate summary conviction offences, the offences of causing a disturbance, indecent
exhibition, loitering, and discharging a firearm are generally characterized as disorderly conduct and fall under Section 175(1) of
the Code.

Section 175(1)(a) describes the offence of Causing a Disturbance, which may be caused in a variety of ways, such as:

Fighting, screaming, shouting, swearing, singing, or using insulting or obscene language

Being drunk
Impeding or molesting other people

The disturbance must occur in a public place, not inside of a dwelling house. The term dwelling house is defined as a part of a
building or structure used for permanent or temporary residence or even a mobile unit, such as a trailer or tent.

However, the disturbance may affect people who are occupants inside the residence or people who are in a public place. A public
place is defined as any place to which the public has a right of access or is invited.

Impeding others - may involve preventing them from entering or exiting the building.
A disturbance - can include any interference with ordinary customary conduct

 Common Criminal Offences

Causing a Disturbance/Indecent Exhibition/Loitering/Discharging a Firearm
(All Forms of Disorderly Conduct)

The offence of indecent exhibition - falls under Section 175(1)(b) of the Code. Similar to the offence of causing a disturbance, the
offence must occur in a public place. The Actus Reus involves the accused exposing or exhibiting their genitals. The performance
of an indecent act is not required as that would fall under another offence section.

Indecent exposure to a child - involves exposing genitals to a child under the age of 16 and carries a more severe penalty upon
conviction

Loitering, Section 175(1)(c) - involves the offence of obstructing people who are present, the accused as a lawful purpose to be in
the place, and the offence is not made out. The cues must be idly standing by in order to fall under the definition of loitering

Discharging a firearm, Section 175(1)(d) - this offence describes a disturbance of the peace by the accused discharging a firearm
or by other disorderly conduct in a public place. If the discharge occurred in a dwelling house, the occupants of a dwelling house
must be affected by the disturbance.

For the offences of causing a disturbance, loitering, and discharging a firearm, the police may provide evidence relating to the
conduct of the accused that a disturbance occurred in the absence of other evidence or to corroborate other evidence.
 Common Criminal Offences
Causing a Disturbance/Indecent Exhibition/Loitering/Discharging a Firearm
(All Forms of Disorderly Conduct)
Penalty

General penalty

S. 787 (1)
Unless otherwise provided by law, every person who is convicted of an offence punishable on summary
conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years
less a day, or to both.
 Common Criminal Offences
Criminal Harassment

Besetting - The act of constantly harassing or attacking

Criminal Harassment is a hybrid offence set out in Section 264 of the Code.

There are four different types of conduct that falls under the Actus Reus for this offence:

Repeatedly following the victim or someone known to them from place to place
Repeatedly communicating with the victim or someone known to them, either directly or indirectly
Besetting or watching a dwelling house or other place where the victim or someone known to them
resides, works, carries on business or happens to be
Engaging in threatening conduct directed at the victim or any member of their family
 Common Criminal Offences
Criminal Harassment
(Penalty)

This is a hybrid offence, the Crown may proceed by way of indictment or summary conviction.

If the crown proceeds summarily, the maximum penalty is that set up in the general provisions.

S. 787 (1)
Unless otherwise provided by law, every person who is convicted of an offence punishable on summary
conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two
years less a day, or to both.

It should be noted that it is considered to be an aggravating factor in sentencing if at the time of the
offence the accused was subject to a recognizance, such as an 810 peace bond.

 Common Criminal Offences

Mischief

There are four different methods of carrying out the Actus Reus of mischief

Destruction or damage of property

Rendering

property dangerous, useless, inoperative, or ineffective

Obstruction, interruption, or interference with the lawful use, enjoyment, or operation of
property
Obstruction, interruption, or interference with any person in the lawful use, enjoyment, or
operation of property

Mischief relating to computer date is an offence outlined in the Code. There are four different
methods of carrying out the Actus Reus for this type of offence

Destroying or altering computer data

Rendering computer data meaningless, useless, or ineffective
Obstructing, interrupting or interfering with the lawful use of computer data
Obstructing, interrupting, or interfering with a person in the lawful use of computer data
or denying access to computer data to a person entitled to access it
 Common Criminal Offences
Mischief
(Penalty)

This is a hybrid offence, the Crown may proceed by way of indictment or summary conviction.

If the crown proceeds summarily, the maximum penalty is that set up in the general provisions.

S. 787 (1)
Unless otherwise provided by law, every person who is convicted of an offence punishable on
summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of
not more than two years less a day, or to both.

 Specialized Courts

Mental Health Court - Set up to assist offenders who suffer from mental health issues. The offender is dealt with using mental
health workers and a resolution plan or a sentencing plan always involves some sort of mental health aspect. The crown
determines who is eligible for mental health court as well as any mental health-based diversion programs. There must be
some connection between the offender's mental health issue and the circumstances of the offence. A mental health court
involves a specific Judge or Judges, a specific Crown or Crowns, and a specific Duty Counsel or a few Duty Counsels who rotate
through the courts. Specially trained court officers and mental health court workers are also present.

Gladue Court - Set up to assist aboriginal offenders. The court observes the historical and cultural plights of the indigenous
peoples and puts those considerations toward sentencing and resolution discussions. The offender must complete a
screening form listing their mental health issues and or challenges. These courts deal with bail, guilty pleas and sentencing
hearings and try to incorporate indigenous culture and practices and understanding of Justice. The Judges, Crowns, duty
counsels court officers and probation staff are all specially trained on issues that affect the indigenous offenders.

Drug Treatment Court - Similar to the process for mental health courts, the offender must complete a screening form listing
their criminal charges, drugs or substances that they are addicted to, details of past attempts to control addictions, plus any
mitigating factors. The offences that the offender is facing cannot include any serious, violent offences or large-scale drug
trafficking. The offender must plead guilty to the criminal charges prior to the start of any program. An intake assessment is
completed at CAMH. The offender must agree to voluntarily participate in the program, which is a 12-18 month program.
Usually upon successful completion, and not being involved in any criminal offences or substance abuse for one year,
offenders receive a non-custodial sentence.