Crimes

7.1 Introduction
Criminal Code of Canada: a statue containing the main criminal
offences of Canada, the rules of prosecuting and appealing them,
and the penalties that apply to each offence

The Canadian Criminal Code changes to ensure that it is update

with society’s needs

Crimes are added as well as erased from the Code

Example: Possession of Marijuana once was carried a lengthy
prison sentence but now it is treated as a summary offence

Criminal laws fall under federal jurisdiction therefore the criminal

laws are the same all around Canada

Offences for criminal laws have to be carried out very, very

precisely in order to ensure that the citizen gets what they
rightfully deserve, no more/no less
7.2 Violent Crimes
Homicide
killing another human being (direct of
indirect)
Culpable homicide is murder,
infanticide or manslaughter
committed when the injured person dies
within a year and a day from the day when
the injury was caused
Non Culpable homicide is death
caused accidentally or in cases of self-
defence
 Murder

Section 229 of the Criminal Code specifies the

circumstances under which a person can be
found guilty of murder even if they did not
intend to commit murder
Two classes of murder; “designed to impose
the longest possible term of imprisonment
without eligibility for parole upon those who
commit the most grievous murders.”
First Degree, Second Degree
 First Degree
If one of the three main categories of circumstances exist
1. The murder must be planned and deliberate. These cases
include ones with money at steak, property gain, company
takeovers. Etc. It gives the killer motive.
Planned: mens rea with actus reus
Deliberate: “ considered” and “not impulsive”
2. The victim is a law-enforcement agent, as defined by the
Criminal Code
3. The murder occurs while specific crimes particularly offensive
to society are being committed. For example, sexual assault,
hijacking an aircraft, aggravated sexual assault, sexual assault
with a weapon, threats or causing bodily harm to a third party,
kid-napping and forcible confinement and hostage taking
Second Degree
Not first degree; however the killing was still
intentional
Known to be committed “in the heat of the
moment” implying there was no mens rea
Automatic life sentencing for both first and
second degree however parole is set by the
judge for 10-25 years
Depends on the gravity of the offence
First vs. Second Degree
 Manslaughter
culpable homicide – requires general
intent – unlike murder requiring specific
intent
actus reus elements are directly or
indirectly causing death of a human
being
means rea – a reasonable person would
inevitably recognize that the unlawful
act could subject the victim to the risk
of death or bodily harm
etc. a person which loses control of their car
while speeding, and kills a pedestrian would
be charged with manslaughter, not murder
 From Murder to
Manslaughter
a manslaughter conviction will result from a murder
charge if the accused can successfully put forth one of
their defences
Provocation
Intoxication
frequently significant in murder cases; it might influence a
person’s ability to foresee the consequences of his or her action
the crown must prove both the killing and the necessary intent
where drunkenness is at issue
if there is doubt about the necessary intent due to the ingestion
of alcohol or drug, the accused will be found guilty of
manslaughter, not murder
the use of the defence of drunkenness will only be successful if
it can be proven that the accused was so intoxicated, they were
incapable of forming the specific intent necessary for
committing murder
 Infanticide
the killing of a newborn by the child’s
mother, who is mentally disturbed as an
after-effect of having given birth
Max punishment is imprisonment for five
years
 Suicide and Euthanasia
an offence to counsel someone to commit suicide or to help
anyone accomplish the deed
Categories of euthanasia
Voluntary Euthanasia : the patient wants to be allowed to die
Involuntary Euthanasia: where the person can not give consent
(etc. after an accident when the patient is in a coma and there is no
hope of recovery – family and doctors make the decision)
Passive Euthanasia: when a person’s condition is considered
hopeless therefore isn’t treated
Active euthanasia: when drugs are given or treatment withdrawn
to bring about the death of a person
Etc. if a person has a terminal disease where there is no cure, and
they have requested to stop their treatment, euthanasia would be
voluntary and active.
Doctor assisted suicide (active euthanasia) is considered an offence
according to sec 241 of the Criminal Code which states: “every one
who (a) counsels a person to commit suicide or (b) aids of abets a
person to commit suicide whether suicide ensues or not, is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding 14 years.”
 Assault
Three levels of severity; with increasing
penalties
Intent is a key element in all levels of assault
If the action committed is the result of
carelessness or reflex rather than intent, the
assault charge will not succeed
Level One - Assault
applying intentional force to another person, either directly
or indirectly, without that person’s content;
attempting or threatening, by an act or a gesture, to apply
force;
accosting or impending another person, or begging, while
openly wearing or carrying a weapon or an imitation
thereof;
Words unaccompanied by any gesture do NOT constitute an
assault, therefore if you threaten someone verbally, it’s not
considered assault however if you wave a fist or perform an
a threatening physical action, it would be considered
assault
Consent is not necessarily given in a sporting activity for
example hockey because the player chooses to participate
however if one assaults another player beyond reasonable
doubt, that defence will fail
Level Two – Assault Causing Bodily
Harm

committed by anyone who while committing assault,

carries, uses or threatens to use a weapon or an imitation
thereof or causes bodily harm to the complainant
Bodily Harm Definition: “ anything that interferes with
the complainant’s health or comfort and that is more
than merely transient or trifling in nature.”

Level Three – Aggravated Assault

committed if a person wounds, maims, disfigures, or

endangers the life of the victim
the mens rea required is only to commit bodily harm
however not necessarily to wound, maim, disfigure or
endanger the life
 Sexual Assault
the part of the body touched, the nature of
the contact, the situation in which it
occurred, the words and gestures
accompanying the act, and all other
circumstances surrounding the conduct
including threats which may or may not have
been accompanied by force are relevant in
considering whether the conduct of the
accused had sexual nature
There are three levels of sexual assault;
similar to the ones of assault
Levels of Sexual Assault
First level has to occur in relation to sexual assault, etc
molesting
Second level: defined in sec 272 as follows:
“ Every one who, in committing a sexual assault, (a) carries, uses
or threatens to use a weapon or an imitation thereof, (b) threatens
to cause bodily harm to a person other than the complainant (c)
causes bodily harm to the complainant or (d) is a party to the
offence with any other person, is guilty of an indictable offence
and liable to imprisonment for a term not exceeding 14 years.”
Level Three: Aggravated Sexual Assault
Defined in section 273:
“(1) every one commits an aggravated sexual assault who, in
committing a sexual assault, wounds, maims, disfigures, or
endangers the life of the complaint. (2) Every one who commits an
aggravated sexual assault is guilty of an indictable offence and
liable to imprisonment for life.”
Issues - Consent
Frequent issues in sexual assault include
consent, however it no longer serves an a
defence where the victim
submits or does not resist because force has
been applied
force has been threatened
fraud has been perpetrated
authority has ben exercised
Consent is also not a defence where the victim
is under 14 years of age, unless the accused is
less than three years older than the victim
 Abduction
Illegal to take an unmarried person under
16 years of age from the possession of and
against the will of their parent, guardian or
any other person who has lawful care or
charge of the person
 Robbery
Unlike theft, robbery includes the usage of violence, threats,
assault or offensive weapons

In general the term “ to assault” means “to apply force

intentionally to another person” however the crown would be
basing their case on the threat of violence during the occurring
theft. To prove a robbery and not a theft is occurring, the victim
must show that they felt threatened, and there were reasonable
grounds of fear

Terms such as “empty your till” implies a threat of violence if the

command is not obeyed by the victim

Using an imitation weapon is categorized as an offensive weapon,

The more severe punishment for robbery is life imprisonment

 7.3 Property Crimes
Arson
Arson is the cause of over 12 percent of all
fires in Canada, which kill over 50 people and injury
over 500.

The code defines arson as an

intentional/reckless creating damage by exploding or
creating a fire on the property.

If the person is aware of the property is being

lived in by others or occupied and creates harm
towards another individual the sentencing in jail for
the person could last for a life sentencing or spending
14 years in prison.
7.3the
Pulling a fire alarm is a hybrid offence, Property
 Theft
According to the criminal code theft is the wrongful
act of taking and carrying away of personal goods or
property of another. The three elements necessary
for a theft conviction is colour of right, theft under
and theft over. Colour of right means the individual
believes they have the right to steal so it has no
intent to steal. Theft under is value of goods are
lower than $5000 with a maximum penalty of 2
years. Theft over is $5000 over penalty of 10 years. A
person can also be charged on a recent possession
so when at trial they need to explain how they came
to possess them then the crown disproves it, if it fails
the accused must be acquitted.

Property
 Break and Enter
It is a called burglary a serious offense. " Break" is to
destroy any part internally or externally or anything
that is opened and is used or intended to be used to
close or cover. Enter is when a person's body or
instrument he uses is within anything being entered.

Possession of Stolen Goods

Possession is the control a person intentionally

exercises towards a thing or property and it was
intentional.

False Pretences

An offense involving intention of false representation

of property as a result of that misrepresentation.
Property
Crimes with High Social
Impact
Abortion
Not a crime in Canada

Not considered legal or illegal

Ex. *give a present case*

Section 223 states (1) a child becomes a human being within

the meaning of this Act when it has completely proceeded, in
a living state, from the body of its mother whether or not a) it
has breathed, b) it has an independent circulation, c) the
navel string is severed. 2) A person commits homicide when
he causes injury to a child before or during its birth as a
result of which the child dies after becoming a human being.
 Weapons
The Criminal Code defines weapon as anything used or
intended for use in causing death or injury to a person, whether
designed for such a purpose or not, or anything used or
intended for use in threatening or intimidating any person

Prohibited weapons  gun silencers, switchblade knives,

automatic firearms, rifles and shotguns that are sawed off or
modified, or any other weapon that has been declared
prohibited

Restricted weapons  firearms that can be fired with one hand;

semi-automatic weapons have barrel length from muzzle end
of barrel, up to and including chamber, of less than 470mm;
fire arms that can be folded or telescoped; fire arms that can
fire bullets in rapid succession and form part of a gun collection
and any other weapon that has been declared restricted
Firearms Acquisition Certificates (FACs) for acquisition,
registration, carrying of restricted weapon can be obtained from
local registrar of firearms

To apply for FAC person must be 18 or older, must provide

photograph, name of 2 references (people who act as references
are listed in regulations)

Persons 12-17 can obtain FAC with parental permission

All applicants for FAC must complete course or test in safe

handling and use of firearms and laws and social responsibilities
related

To discourage possession of weapons, government has provided

amnesty periods in the past where weapons could be registered
or turned over to police with no questions asked
Weapons that were collected were given to approved
museums and forensic collections used for safety
education training or destroyed

Criminal Code states that use of weapon while

committing serious crime can result in one-year
minimum sentence to be served consecutively to any
other punishment for offences arising from same event

If person has previous firearms conviction, minimum

sentence increased to 3 years, and if more than one
weapon offence, each sentence must be served
consecutively
  
Procuring and Soliciting
Prostitution legal in Canada

Procuring  obtaining person for prostitution (illegal)

Soliciting  communicating with another person for purpose of

prostitution (illegal)

Communication for purpose of prostitution must be “pressing or

persistent” to constitute offence

Procuring and soliciting considered “crimes without victims”,

although argued that prostitutes are victims

People argue that government shouldn’t be interfering with

people’s morals while legislators concerned about peripheral
issues that surround prostitution (i.e. frequent occurrence in crime
areas, connections with drug trade, subjection of people to pimps)
 Obscenity
Controversial

Supreme court of Canada states that “courts must

determine as best they can what the community would
tolerate others being exposed to on the basis of the
degree of harm that may flow from such exposure”

Sex acts must be “degrading or dehumanizing” to be

deemed obscene

Section 163(8) states “For the purposes of this Act,

any publication a dominant characteristic of which is
the undue exploitation of sex, or of sex and any one or
more of the following subjects, namely crime, horror,
cruelty, and violence, shall be deemed obscene.”

Many defences are founded on “dominant

characteristics” and “undue exploitation”
Offences related to obscenity: making, printing, circulating, mailing,
distributing obscene material; presenting or taking part in immoral
theatrical performance

Police can obtain warrant to seize any materials that they consider to
be obscene and to lay charges

Customs officers have right to seize materials considered obscene

and forbid entry into Canada

Concerns regarding use of children in pornography resulted in

amendments to Criminal Code

Child pornography  “photographic, film, video, or other visual

representation, whether or not it was made by electronic or
mechanical means, that shows a person who is or is depicted as
being under the age of 18 years and is engaged in or is depicted as
engaged in explicit sexual activity.”

Any person in possession of, producing, or distributing, selling child

pornography is guilty of an offence
 Corruption and
Abandonment of
Children
Offence for parent or guardian of a child to
procure that child for purpose of engaging in
any sexual activity prohibited by Criminal Code

Also offence to be the owner, occupier,

manager of premises that children are using
for sexual activity prohibited by Criminal Code

Offence to abandon or expose a child under 10

years so that the child’s life is or is likely to be
endangered or the child’s health is or is likely
to be permanently harmed
 Other Crimes
Criminal Negligence: wanton or reckless disregard for the lives and
safety of other persons; may involve the operation of a motor vehicle,
or may cause bodily harm or death

Section 219 of the Criminal Code states

Everyone who is criminally negligent who
In doing anything, or
In omitting to do anything that it is his duty to do, shows wanton or reckless
disregard for the lives or safety of other person
For the purposes of this section, “duty” means a duty imposed by law

Criminal negligence is regarded in three sections

In the operation of a motor vehicle
Causing bodily harm
Causing death

Comparing the action to what a reasonable person would do under the

circumstances may result in a conviction
 Mischief
Mischief is the destruction or damage of property; interference
with the lawful use or enjoyment of property

Involves the deliberate damage of property

This includes harm to data (hacking)

Section 430 of the Criminal Code states that

(1) Every one commits mischief who willfully
Destroys or damages property;
Renders property dangerous, useless, inoperative, or ineffective;
Obstructs, interrupts, or interferes with lawful use, enjoyment, or
operation of property; or
Obstructs, interrupts, or interferes with any person in the lawful use
enjoyment, or operation or property
(2) Everyone commits mischief who willfully
Destroys or alters data
Renders data meaningless, useless, or ineffective;
Obstructs, interrupts, or interferes with the lawful use of data; or
Obstructs, interrupts, or interferes with any person in the lawful use of
data or denies access to data to any person who is entitled to access
thereto
 Enterprise Crime
Enterprise Crime: proceeds of crime involving illegal stock exchange
transactions and drug trade offences

Profits from illegal drug trade and the use of banking system to transfer those
profits

Includes procuring, illegal betting, fraudulent manipulation of stock exchange

It is considered a criminal offence to transfer, possession of, send, or deliver

property to any person or place with the knowledge that it was obtained at
the risk of an enterprise commission

Police are allowed to freeze a bank account containing money gotten from the
drug transaction

If a person is convicted of an enterprise crime, they must give up all their

“assets” to the crown if ordered
Offences and Penalties
Indictable Offences – Life Imprisonment (Common
Examples)
Attempting to commit murder
Conspiracy to commit murder
Breaking and entering into a house
Hijacking
Killing unborn child in act of birth
Manslaughter
Murder
Aggravated sexual assault
Sexual intercourse with a female under 14 years of
age
 Travis Baumgartner
It’s the harshest sentence handed down in
Canada since Arthur Lucas was executed in
1962 for the murder of a police informant

car guard who shot four of his co-workers,

three fatally, in a robbery on the University
of Alberta campus in June 2012, was
sentenced to life in prison with no chance
of parole for 40 years
Indictable Offences – 14 years (Common Examples)
Arson
Bodily harm caused with intent
Bribery of judicial officers, peace officers
Contradictory evidence by witness
Counterfeit money (making or having possession of)
Fabricating evidence
Incest
Suicide (counseling and aiding)
Sexual assault using weapons or causing bodily harm
Indictable Offences – 10 Years
(Common Examples)
Abduction of a person under 14
Assault, using weapons, causing bodily
harm
Face mask or colored
Mail theft
Possession of weapon
Theft or possession of property obtained
by crime, if over $5000
Indictable Offence – 5 Years (Common
Examples)
Abduction of a person under 16
Injuring or endangering animals
Illegal possession of explosives
Fire set by negligence
Frauds upon the government
Advocating genocide
Indictable Offence – 2 years (Common
Examples)
Abandoning child
Common nuisance
Corrupting children
Taking part in riot
Disobeying order of court
Public incitement of hatred
Illegal lotteries
Spreading false news
Hybrid Offence (Common Examples)
Assaulting a peace officer
Credit card theft or forgery
False alarm of fire
Mischief
Failing to provide necessaries
Possession of a weapon
Pointing a firearm
Sexual assault
Possession of unregistered restricted weapon
Theft under $5000
Summary Offence (Common Examples)
Advertising reward and immunity
Carrying a concealed weapon
Causing a disturbance
Cruelty to animals
Impersonating a peace officer
Motor vehicle theft
Nudity
Soliciting
Trespassing at night
Making indecent telephone calls
Attempt
Of an offence with life imprisonment as
maximum: 14 years
Of an offence with penalty of 14 years
or less: one-half the term
Of an offence punishable on summary
conviction
 Drinking and Driving
Narcotic: any substance listed on the schedule in
the Narcotic Control Act or anything that contains
any substance included in the schedule

Impaired driving and the use of narcotics is are the

most common issues facing Canadian society
Consequences of impaired driving include lost
and wasted lives of innocent people, broken
families, tax spending for hospitals and legal
assistance and soaring insurance rates

Many people believe that impaired drivers are not

penalized severely enough
The Narcotic Control Act
Commission of Inquiry
into the Non-Medical
Use of Drugs
Also known as the Le Dain Commission

Government commission that started in 1969

and ended in 1972

commission defined a drug as being "any

substance that by its chemical nature alters
structure or function in a living organism”.

report also suggested that the federal

government should conduct more research
to monitor and look at changes
 Narcotic Control Act
Federal statute passed in 1961

Criminalizes possession and trafficking narcotics

schedule in the Act that lists over 100 drugs that

are considered to be narcotics

Cannabis is technically not a narcotic, but is still

in the list of substances defined as a narcotic

separate section of the Act prohibits the

cultivation of opium and cannabis
Offences in the Narcotic
Control Act
Most prosecutions are for the offences of
possession, possession for the purpose of
trafficking, importing and exporting

government can seize any money, property, or

money from the sale of property that was
obtained by means of any offence

separate offence known as laundering was also

added; purpose to that section is to reduce the
easy movement of property, especially cash,
obtained through the drug trade
Narcotic Control Act -
Job of the Police
Police are given the power to search places
other than a residence without a warrant under
section 10 of the Act

warrant is still required to search a dwelling-

house; process of obtaining warrant is same as
under the Criminal Code

officer may break open any door, window, lock,

etc.

may search any person found there if there are

reasonable grounds to believe that the person
is in possession of a narcotic
 Beaver v. R. Queen
Louis Beaver and his brother Max Beaver
were arrested because they were selling
heroin to an RCMP officer who was
undercover

Max was the one in physical possession of

the drug; Louis was just charged by
association

Louis claimed in defence that he thought

that the package was actually milk sugar
and that they were just only trying to
deceive the RCMP officer
 The Food Drug Act
The Food and Drug Act (FDA) is in force to
ensure that food, medicines, cosmetics
and medical devices are safe for
consumers

The act is broken down into two categories

Controlled drugs
Restricted drugs
Penalties for Criminal Offences under
the Food and Drug Act:
the search and seizure provisions for
controlled an restricted drugs are the
same
Possession of restricted drug 
summary offence  first offence  6
months or $1000 fine
After first offence 1 year and up to $2000
fine
Indictable  3 years and up to $5000 fine
Trafficking  summary offence  18
months
Controlled Drugs: drugs legally prescribed by
doctors
Listed in schedule G of the FDA Act

Types of controlled drugs include

Amphetamines
Referred to as “uppers”
Used to treat depression and decrease the appetite to
achieve weight reduction
Barbiturates
Downers
Used as sedatives or hypnotics (sleeping pills)
It is not an offence to be in possession of
controlled drugs

It is however an offence to be in possession of

them for the purpose of trafficking

The definition of trafficking differs from the NCA as

opposed to the FDA

Restricted Drugs: illegal drugs not used for

medical purposes, such as MDA and LSD
it is an offence to possess them, traffic in them,
or possess them for the purpose of trafficking
 Driving and Drinking
Narcotic: any substance listed on the schedule in
the Narcotic Control Act or anything that contains
any substance included in the schedule

Impaired driving and the use of narcotics is one of

the most pressing issues facing Canadian society
Consequences of impaired driving include lost
and wasted lives of innocent people, broken
families, tax spending for hospitals and legal
assistance and soaring insurance rates

Many people believe that impaired drivers are not

penalized severely enough