Criminal Law can table of Contents
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- CRIMINAL COURT SYSTEM IN BC
READING THE CODEKEY INTERPRETIVE PRINCIPLES (1) Must give meaning and effect to each and every word in the relevant provision(s). (2) Always look to the Code for the definition of terms used in relation to a given offence. When looking for a definition, you should work through the Code in the following order: Start with relevant CC section If the term isn’t defined in the section, move to the relevant Part If term isn’t moved in the Part move to section 2 (general definitions) Where relevant, look to the applicable case law for judicial interpretations of meaning (3) Where there is no statutory definition (or definition in the relevant case law), then apply the general rules of statutory interpretation. General Rules of Statutory Interpretation Key Principle: “The words of the statute must be considered in context, in their grammatical and ordinary sense, and with a view to the legislative scheme’s purpose and the intention of Parliament.” (SCC in Canadian Foundation for Children (etc.) v Canada, 2004 in interpreting Code) Begin by looking at the context in which the word is used, then use “ordinary” dictionary meaning If ordinary meaning does not provide an answer to the question of how to define the word, you can then look to other rules and aids to interpretation such as: History of the provision Purpose of the provision Comparison with the version in the other official language The rule that the word may take its meaning from words with which its associated The rule that the expression of one excludes the unexpressed Principles Worth Noting Accused can only be convicted of the offense they’re charged, except in the case where the initial charge contains within it an additional charge Ie: charge of first degree murder contains within it ability to charge for second degree murder The crown tends to charge the most serious of possible charges on the assumption that if the initial charge cannot be sustained, they can convict for the lower offences. Attempt to commit is always included in the definition of the offence CRIMINAL COURT SYSTEM IN BCProvincial Court of BC Deals with 95% of criminal matters except murder (committed by adults) Appointed by the provincial government BC Supreme Court Has power to deal with all indictable offences, jury trials, and appeals from Provincial Court Appointed by the federal government 3-5 judges hear appeals based on law from BC Supreme Court Appointed by the federal government Supreme Court of Canada 9 judges hear appeals from Court of Appeal based on law Highest court of appeal; decisions final and binding on all other levels of court Criminal Justice Process: Investigation charge assessment prosecution sentencing appeals ROLE OF THE CROWN (CC S.4) Executive branch appoints prosecutors: both a federal and provincial prosecutor’s office Role is to approve and conduct all prosecutions and advise the government on criminal law matters Quasi-judicial function: Independent officers of the court (protected from outside influence) Primary responsibility to be fair and preserve integrity of judicial process by accurately presenting evidence, not searching for a win (Boucher v the Queen) Boucher v the Queen PROSECUTOR HAS PUBLIC DUTY TO BRING BEFORE COURT ALL CREDITABLE EVIDENCE RELEVANT TO CRIME WJ Stuntz “Pathological Politics of the Criminal Law” (pp. 272-273) Argues that criminal law does not serve as a mechanism for distinguishing between those who should be punished and those who should not, but rather acts to grant authority to prosecutors to determine who should be exposed to the criminal law. Claims that criminal law outcomes are not determined by the substance of the criminal law, but rather according to decisions of agents who administer it Emphasizes influence of prosecutorial discretion Prosecutorial Discretion (PD) All charges laid and evidence against alleged offender are determined at the discretion of the prosecutor. COURTS BEGIN WITH PRESUMPTION OF JUDICIAL NON-INTERFERENCE FOR MATTERS OF PD (R v Anderson). PD may be reviewed under court tactics or abuse of process (R v Anderson). Anderson: “[A]buse of process refers to Crown conduct that is egregious and seriously compromises trial fairness and/ or the integrity of the justice system. “improper motives” and “bad faith” (Nixon Sanctions may include orders to comply, adjournments, and extensions for the defence based on: Failure to observe court rulings or orders Inappropriate behaviour (such as tardiness, incivility, abusive cross-examination, improper opening or closing addresses or inappropriate attire) Assumption of Judicial Non-Interference (Deference: Idea that we should not presumptively review) Reflects respect for the competency of crown prosecutors they are in better position to make such decisions than the courts are Review of prosecutorial decision would (a) slow the judicial process (efficiency argument) and (b) would be too hard on prosecutor (may be less likely to prosecute if every move is heavily reviewed) Why does the Court start from a presumption of “judicial non-interference” when it comes to matters of prosecutorial discretion? (Anderson): (1) Doctrine of separation of powers – prosecution is an executive function / responsibility; and (2) Efficiency and integrity – judges and other parties are not well-equipped to review decisions of the AG. However, there needs to be transparency and accountability in prosecutorial discretion because they hold such power prosecution not required to give rationale of their decision-making, unlike judges What is meant by “no contest” in the context of a criminal trial? Where the defendant makes a plea of no contest (nolo contendere), in effect they are accepting the charge and facts as set out by the prosecution. Allows court to enter guilty verdict and proceed to sentencing stage. R v Kriger (Referenced in Anderson) Helps clarify definition of what prosecutorial discretion is: “… Refers to the use of those powers that constitute the core of the AG’s office and which are protected from the influence of improper political and other vitiating factors by the principle of independence.” (p. 275) “Prosecutorial discretion refers to decisions regarding the nature and extent of the prosecution and the AG’s participation in it.” (p. 275) Miazga v Kvello Estate Importance of PD lies in its role in advancing the public interest – prosecutors Crown Disclosure R v Stinchcombe [1991] WITHOUT FULL DISCLOSURE, DEFENCE IS PUT AT A CONSIDERABLE AND INHERENT DISADVANTAGE. All relevant information must be disclosed subject to the reviewable discretion of the Crown. Police and Crown have the best access to evidence of a crime defence lawyer usually becomes involved later on in the life of a case, and therefore relies on much of their evidence from Crown disclosure. Crown disclosure is subject to the discretion of Crown counsel, which extends both to the withholding of information and to the timing of disclosure ie. for the protection of informants or to respect rules of privilege or exclude irrelevant information Directory: application -> media -> cans application -> Application for Two-Year Extension in Authorized Period of Use of Micro Data application -> Application forms please fill out and sign the adequate application form application -> Application form cans -> Law 205: criminal law full Year can (2005-2006) Jennifer Lau cans -> Law 120 criminal cans -> Law 120 – Criminal Law – can silvana Lovera Professor Emma Cunliffe Table of Contents cans -> Testimonial or documentary or real must be: Relevant cans -> C’right: overview, 2 cans -> Table of contents section one an introduction to intellectual property cans -> Effect of a clause Download 7.44 Mb. Share with your friends:
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