Salamander Law — notSachy

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Criminal Justice System The system by which society responds to crime and controls behavior through law, rooted in British legal traditions. Three core components: Police (investigate, arrest, gather evidence), Courts (determine guilt, impose punishment), and Corrections (manage offenders post-conviction). These are interdependent but separate roles.
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Social Control Law is a formal mechanism of social control used to regulate behaviour in society.
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Substantive Law Defines what conduct is illegal. Reflects societal values and is not static — it changes over time.
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Procedural Law Governs how the law is enforced — due process, procedural fairness, and the rules for arrest, evidence, and trials.
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Rule of Law Everyone is subject to the law. Law is applied equally. Government is constrained by law.
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Independent Judiciary Courts operate independently from government influence to ensure fairness.
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Purpose of the Criminal Justice System The criminal justice system is concerned with controlling and preventing crime, prosecuting and punishing offenders, and maintaining justice by protecting people from arbitrary decision-making.
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Influences on the Criminal Justice System The system is shaped by legal history, social values, public expectations, and fairness concerns within policing, courts, and corrections.
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Innocent Until Proven Guilty A core criminal justice principle: the accused is presumed innocent and the Crown must prove guilt beyond a reasonable doubt.

Definition of Crime An act that is (1) harmful, (2) prohibited by law, (3) prosecuted in court, and (4) punishable.

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7 Elements of Criminal Liability Legality ("no crime without law"), Mens Rea (guilty mind), Actus Reus (guilty act), Concurrence (mind + act align), Harm, Causation, and Punishment.
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Mens Rea (Guilty Mind) The mental element — intent, knowledge, or recklessness. Can be general intent or specific intent. Exceptions: persons under 12, and NCR (Not Criminally Responsible due to mental disorder).
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Actus Reus (Guilty Act) The physical element — an act or omission. Must be voluntary and external.
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Concurrence Mens rea and actus reus must occur at the same time for criminal liability to exist.
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Burden of Proof The Crown must prove all elements of the offence beyond a reasonable doubt. The accused has no obligation to prove innocence.
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Standard of Proof Beyond a reasonable doubt is the highest standard in law. Different from reasonable grounds (which is the threshold for arrest, not conviction).

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General Classification Crimes are broadly categorized as violent crimes or property crimes.
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Summary Conviction Minor offences. Heard by a judge or justice of the peace alone.
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Indictable Offences Serious offences. Three sub-categories determine which court hears the case.
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Hybrid (Dual Procedure) Crown chooses to proceed as summary or indictable based on seriousness, evidence strength, and public interest.
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All Criminal Law is Federal Even though cases are heard in provincial courts, criminal law is federal jurisdiction across Canada.

Indictable Sub-Categories s.469 — Exclusive Jurisdiction: Most serious (e.g., murder). Superior court, usually judge + jury.
s.553 — Absolute Jurisdiction: Less serious indictable. Provincial judge alone.
Election Offences: Accused chooses judge alone or judge + jury.

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Three R Strategy Traditional policing based on Random preventative patrol, Rapid response, and Reactive investigation.
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Kansas City Study Found that the speed of police response had little effect on arrest rate — challenged traditional assumptions.
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Broken Windows Model Neighbourhood disorder and neglect signal that "no one cares," which invites serious crime.
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Problem-Oriented Policing (SARA) A proactive model: Scan (identify problems), Analysis (understand causes), Response (implement solutions), Assessment (evaluate results).
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Community Policing Partnerships between police and community members (schools, businesses) to reduce fear and solve problems collaboratively.
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Intelligence-Led Policing Emphasises data collection, informants, surveillance, and offender profiling to direct resources.
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Zero Tolerance Policing Rigid approach — police strictly enforce even minor offences to maintain order.

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Different Police Services Policing in Canada is delivered through different services, including federal, provincial, and municipal police agencies.
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Disparity Disparity refers to a lack of uniformity in outcomes such as sentencing, which can raise concerns about unfair treatment.
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Discrimination Course review materials identify different forms of discrimination, including individual, contextual, institutional, and adversarial discrimination.
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Police Discretion Police have discretion in deciding whether and how to enforce the law in specific situations.

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Provincial vs Superior Courts Provincial courts handle most criminal matters. Superior courts handle the most serious offences (e.g., s.469 — murder).
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Judge Impartial. Trier of law (and trier of fact in judge-alone trials). Determines admissibility of evidence. Applies the law and issues the sentence.
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Crown (Prosecution) Represents the state. Must prove the case beyond a reasonable doubt.
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Defence Protects the accused's rights. Does not need to prove innocence — only needs to raise reasonable doubt.
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Jury Used mainly for serious indictable offences. Trier of fact only (not law). Decision must be unanimous.
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Trier of Fact vs Trier of Law Judge = trier of law (and fact in judge-alone trials). Jury = trier of fact only.

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Publication Ban Prevents certain information from being released publicly to protect fairness or privacy.
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Courtroom Conduct No disruption, no recording, no cellphone use, no talking during proceedings, appropriate dress, and respect for court rules and authority.
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Jury Deliberation During deliberation, the jury is kept free from outside influence, reviews the evidence, and renders a verdict.

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Pleas Guilty → proceeds directly to sentencing. Not guilty → trial begins.
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Burden of Proof The Crown always carries the burden. Standard = beyond a reasonable doubt.
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Reasonable Doubt A doubt based on reason and common sense, not speculation. If it exists → acquittal.
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Defence Strategy The defence does not need to prove innocence — only needs to raise reasonable doubt in the Crown's case.
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Trial Flow (Judge Alone) (1) Crown presents case, (2) Defence may respond, (3) Summations — Crown first, then Defence, (4) Judge determines guilt, (5) Sentencing phase. Crown always goes first.
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Prima Facie Case Crown has presented sufficient evidence that, if believed and uncontested, could support a conviction. If no prima facie case is established → judge can dismiss before the defence even presents.

System Flow (End to End) Crime → Investigation → Arrest → Charge → Trial → Verdict → Sentencing → Corrections

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Case Law Past judicial decisions that form legal rules and guide future courts.
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Precedent (Stare Decisis) Courts follow prior decisions on the same issue or similar facts.
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Binding Authority A precedent the court must follow.
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Persuasive Authority A precedent the court may choose to follow — optional influence.

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R v. Stinchcombe Crown must disclose all evidence to the defence (full disclosure).
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R v. Feeney Establishes legal requirements for police entering a dwelling to make an arrest.
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R v. Garofoli Concerns legal standards for intercepting private communications.

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Arrest Without Warrant — s. 495 Police can arrest if: the person is committing an offence, there are reasonable grounds to believe the person has committed or is about to commit an indictable offence, or prior to laying an information.
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Arrest Requirements Inform person of the arrest and the reason. Take physical control. Provide right to counsel. Provide caution(s).
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Who Can Arrest Police officers and, in limited situations, private citizens.
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Investigative Detention Not a full arrest. Based on reasonable suspicion (lower than reasonable grounds). Brief questioning only. A limited pat-down search is permitted for officer safety (weapons only, not evidence gathering).
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Arrest With Warrant Requires reasonable grounds and circumstances where the suspect is evading police.
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Use of Force Must be reasonable and necessary in the circumstances.
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Timeline Requirement The accused must be brought before a justice without unreasonable delay.
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Rights Trigger Charter rights apply immediately upon detention or arrest — not after.

Legal Thresholds Reasonable suspicion → investigative detention • Reasonable grounds → arrest • Beyond a reasonable doubt → conviction

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Laying an Information A formal accusation made under oath to begin criminal proceedings.
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Who Can Lay Information Police officers or private citizens.
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Justice of the Peace (JP) Determines release conditions, ensures legal process is followed, and oversees early-stage proceedings.
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Bail / Show Cause Hearing Determines if the accused is released or detained before trial.
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Pretrial Procedures Pretrial procedure is concerned with arrest and court appearance, detention, bail or custody, and fitness hearings.
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Show Cause A show cause hearing determines whether the accused should be released or kept in custody before trial.

Forms of Release Appearance Notice — used by a police officer at the scene.
Promise to Appear (PTA) — used by the officer-in-charge at the station.
Officer-in-Charge Undertaking — adds conditions to release.
Recognizance — release ordered by a judge or justice of the peace, usually with conditions.
Criminal Summons — used to compel someone to attend court when they have not been arrested.
Unconditional Release — no charge is laid and the person is free to go.

Fundamental Purpose To protect society and contribute to a just, peaceful, and safe society.

Fundamental Principle Sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the offender.

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Sentencing Objectives Deterrence, Denunciation, Rehabilitation, Separation from society, Reparation, and Responsibility.
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Types of Sentences Imprisonment, fines, probation, community service, restitution, or combinations.
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Pre-Sentence Report (PSR) Ordered by judge, prepared by probation officers. Includes background, criminal history, and social context. Used to guide sentencing decisions.
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Concurrent Sentence Multiple sentences served at the same time.
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Consecutive Sentence Multiple sentences served one after the other.
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Absolute Discharge Finding of guilt, but no conviction is registered — the offender is cleared.
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Conditional Discharge Finding of guilt with probation conditions. Once completed, it becomes an absolute discharge.
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Mitigating Circumstances Factors that justify a more lenient sentence — e.g., first-time offender, disadvantaged background.
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Aggravating Circumstances Factors that increase a sentence — e.g., use of violence, weapons, or vulnerability of the victim.
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Gladue Factors Courts must consider the unique circumstances of Indigenous offenders during sentencing.

Punitive Models Focus on punishment, deterrence, or removal from society.

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Justice Model Focus on fairness and proportional punishment. Crime-based, not offender-based.
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Deterrence Prevent future crime. Based on three pillars: certainty, severity, and swiftness of punishment.
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Selective Incapacitation Target high-risk offenders specifically. Long-term incarceration to remove them from society.
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Rehabilitation Reform offender behavior by treating root causes (social, psychological). Focus on reintegration.

Non-Punitive Models Focus on healing, community, and restoration rather than punishment.

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Restorative Justice Repair harm through victim-offender involvement and community mediation.
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Indigenous Justice Community-based. Focus on healing, not punishment.
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Indigenous Judicial Measures Alternative justice approaches that recognize Indigenous circumstances and place greater emphasis on healing, community, and responses beyond simple punishment.

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Purpose of Corrections Corrections is concerned with public safety, rehabilitation, reintegration, and the supervised management of offenders after conviction.
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Historical Context Early prisons: harsh conditions, no rights, focus on fear and control. Modern corrections has shifted toward rehabilitation and reintegration.
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Day Parole Release during the day with return to institution at night.
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Full Parole Supervised release into the community before sentence completion.
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Statutory Release Automatic release after serving two-thirds of the sentence, with conditions.
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Warrant Expiry Full sentence served — offender released with no conditions.

Conditional Release and Reintegration Modern corrections is not only about confinement. It also includes supervised release back into the community through parole and statutory release, with the goal of reintegration while still protecting the public.

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Dangerous Offender Offenders deemed high risk may receive indeterminate sentences (no set release date).
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Long-Term Offender Supervision in the community for up to 10 years after sentence completion.
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Sex Offender Registry Tracks convicted sex offenders for ongoing monitoring by law enforcement.
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National DNA Data Bank Stores DNA profiles from convicted offenders for investigative purposes.
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Youth Criminal Justice Act (YCJA) Youth justice emphasizes prevention, support, crime prevention, and effective alternatives to court.

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Constitution Act, 1982 Key features: amending formula, Charter of Rights and Freedoms, Indigenous rights recognition, and equalization program.
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Charter of Rights and Freedoms Protects individual freedoms and limits government power. Applies to police, courts, and all state actors.
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Section 10(b) Right to retain and instruct counsel without delay upon arrest or detention.
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Rights Violations Charter breaches can result in exclusion of evidence or other remedies by the court.

Political System Political parties aim to gain power. Elections translate votes into seats. Multiple registered parties exist in Canada.

Key Themes Balance: individual rights vs public safety, due process vs efficiency • Burden of proof: Crown always carries it, standard = beyond a reasonable doubt • Legal thresholds: reasonable suspicion (detention) → reasonable grounds (arrest) → beyond reasonable doubt (conviction) • Models of justice: punishment vs rehabilitation vs restoration

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Case Law ↔ Procedural Fairness Precedent shapes how procedures are followed — Stinchcombe (disclosure), Feeney (dwelling entry), Garofoli (communications).
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Charter ↔ Arrest Rights Charter s.10(b) directly governs what must happen upon arrest — right to counsel, caution. Applies to all state actors.
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Mens Rea ↔ Offence Seriousness Mens rea influences seriousness but does not solely determine offence classification.
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Court Structure ↔ Offence Classification Summary = JP alone. Indictable splits into s.469 (superior), s.553 (provincial), and election offences. The classification determines which court hears the case.
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Sentencing ↔ Justice Models The sentence type reflects the underlying philosophy — deterrence drives harsh sentences, rehabilitation drives conditional ones, restorative drives community-based outcomes.
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Procedure ↔ Release ↔ Court Attendance Know who uses each release form: police at the scene may use an appearance notice, the officer-in-charge may use a promise to appear or undertaking, and a judge or justice may use a recognizance.

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