The course will employ a variety of instructional methods to accomplish its objectives, including some of the following:
- lectures
- seminar presentations
- audio-visual materials
- group discussion
- research papers
- case briefing assignments
- Introduction to Canadian Criminal Law
- Sources of Criminal Law in Canada
- Statutes and case law
- Legal research and citation
- Case briefing
- Exclusive Federal Power to Enact Criminal Law
- Regulatory Law (absolute and strict liability)
- Review of Legal Classifications (public law, private law, substantive law, procedural law).
- Criminal Trial Process: Crown’s Case, Case for the Defense, Court and Jury Selection
- Proof of Crime
- Burden of Proof
- Standard of Proof
- Impact of the Charter of Rights and Freedoms on Criminal Law
- The Changing Nature of Law and Morality
- Case studies on the development of the laws on:
- Abortion
- Euthanasia
- Determining Criminal Liability
- Actus Reus (conduct, circumstances, consequences, causation)
- Mens Rea (subjective and objective mens rea, direct and indirect intention, relationship to motive, recklessness, willful blindness).
- Regulatory Criminal Liability
- Absolute and Strict Liability (definitions, how statutes are classified, Charter application to offences)
- Modes of Participation in Crime
- Parties to Crime
- Accessory After the Fact
- Inchoate Offences (counseling offences not committed, criminal attempt, conspiracy)
- Defenses to Crime
- Mistake of Fact
- Mistake of Law
- Intoxication
- Necessity
- Duress
- Provocation
- Self-Defense
- Consent
- Mental Disorder
- Automatism
At the conclusion of the course the successful student will be able to:
- Identify the constitutional and legal sources of criminal law and conduct and use legal research.
- Identify the relationship of criminal law to other regulatory laws.
- Describe the classification of criminal law in relationship to other classifications of law.
- Describe the criminal trial process.
- Discuss how and why the Charter of Rights and Freedoms impacts criminal law.
- Describe the relationship between morality, societal values and criminal law.
- Identify the elements of crime and discuss each of these elements as described in statute and case law.
- Discuss various methods of criminal participation and the elements of each as outlined in statute and case law.
- Identify legal defenses to crime and describe the legal criteria of these defenses.
- Identify current issues in Canadian criminal law and related Constitutional laws.
- Discuss the role of the Supreme Court of Canada (S.C.C.) in criminal law.
Evaluation will be carried out in accordance with ÌÇÐÄvlog´«Ã½policy. Evaluations will be based on course objectives and may include some of the following: exams, oral presentation, research project/term paper, case brief assignment, legal research lab. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the semester.
SAMPLE EVALUATION
Library Lab | 5% |
Case Brief Assignment | 15% |
Research Paper | 20% |
Mid-term exam | 25% |
Final exam | 35% |
Total | 100% |
Textbooks and Materials to be purchased by Students:
Textbooks will be updated periodically. Typical examples are:
Verdun-Jones, S. (2007). Criminal Law in Canada: Cases, Questions and the Code, (4th ed.). Toronto, ON: Thomson/Nelson
Verdun-Jones, S. (2007). Canadian Criminal Cases, Selected Highlights, ( 2nd ed.) Toronto, ON: Thomson/Nelson
The Criminal Code of Canada (latest edition).