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CRIMINAL LAW
Criminal Laws are considered to be offences against society.
Criminal Law is intended to maintain order in society. Criminal Law emphasizes prevention and penalties. The criminal justice system focuses on rehabilitation and retribution.
CRIMINAL LAW
As with any effective set of laws, criminal law is constantly evolving with the ever changing needs of society. As values and beliefs change within a society, so to do the laws. Examples include:
Decriminalization of homosexuality. Euthanasia Gun control Abortion Pornography
CRIMINAL LAW
Certain conditions must exist for an act to be considered criminal:
The action must be considered harmful to other people, and society as a whole. The action must violate the basic values of society. There must be a procedure in place within the justice system to deal with criminal transgressions.
CRIMINAL LAW
The Criminal Code is the main source of criminal law in Canada. The Controlled Drugs and Substances Act is also a body of criminal law. The Youth Criminal Justice Act is also a body of criminal law. No criminal law can conflict with The Charter of Rights and Freedoms.
Indictable Offences
Hybrid Offences
INDICTABLE OFFENCES
Are the more serious criminal offences, and carry more severe penalties than summary convictions. There is a maximum penalty for each offence up to life imprisonment (eg. Homicide). The Trial Judge decides the actual penalty.
Some indictable offences also have a minimum penalty (eg. Impaired Driving can range from $600 fine to five years behind bars depending on the number of previous offences)
HYBRID OFFENCES
Are those where the Crown attorney has the right to proceed summarily, and impose a less severe punishment, or to proceed by indictment.
Theft is an example of a Hybrid Offence. Everyone who commits theft:
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the value of what is stolen exceeds $5000; or is guilty of an indictable offence not exceeding two years, or punishable on summary conviction where the value of what is stolen does not exceed $5000.