The course will employ a variety of instructional methods to accomplish its objectives, including some of the following:
- 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
- Breadth of the criminal law power
- 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 one or more of the laws on:
- 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
- Mental Disorder
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 Douglas College policy. 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.
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Textbooks and Materials to be purchased by Students:
Textbooks will be updated periodically. Typical examples are:
Verdun-Jones, S. Criminal Law in Canada: Cases, Questions and the Code, (6th ed.). Toronto, ON: Nelson Education Ltd.
Verdun-Jones, S. Canadian Criminal Cases, Selected Highlights, (3rd ed.) Toronto, ON: Nelson Education Ltd.
The Criminal Code of Canada (latest edition).