Strict liability is a legal principle in criminal law that assigns responsibility for certain offences based solely on the act itself, without considering the person’s intention or state of mind. Where a person is strictly liable, they can be held legally responsible for an offence without the need to prove their intention or guilty state [ … ]
Hybrid offences, also known as dual offences or Crown option offences, are a category of offences in criminal law that can be prosecuted either as summary offences or indictable offences. The classification as a summary or indictable offence depends on factors such as the seriousness of the offence and the maximum punishment prescribed by law. [ … ]
In Canada, criminal law is mainly the responsibility of the federal level of government. They create and enforce laws through the Criminal Code of Canada. This covers offences like assault, murder, and drug crimes. Provincial governments have a role in the criminal justice system too. They handle things like appointing judges, managing provincial correctional facilities, [ … ]
Paralegals provide support to lawyers including conducting legal research, gathering evidence, and preparing legal documents. They are crucial members of the legal team in criminal law, and typically act as supporters to lawyers and clients facing specific types of criminal charges. In Canada, it’s important to understand that paralegals have limitations on the types of [ … ]
In criminal law, “actus reus” refers to the physical act or conduct that constitutes a crime. It is a Latin term that translates to “guilty act.” Actus reus focuses on the external elements of a crime, such as the actions, behaviours, or omissions that are prohibited by law. Actus reus can take various forms, depending [ … ]
The burden of proof in criminal law refers to the responsibility of the prosecution to prove beyond a reasonable doubt that the accused is guilty of the crime charged. It is the obligation of the prosecution to present sufficient evidence and convince the judge or jury of the accused’s guilt. In a criminal case, the [ … ]
In criminal law, “mens rea” means the mental state or intention that a person has when they commit an offence. It is a Latin phrase that translates to guilty mind. It focuses on whether the person intended to do what they did or, in some cases, was reckless, wilfully blind or negligent to the possibility [ … ]
In criminal law, a mistake of fact refers to a situation where a person commits an act or engages in certain conduct based on a mistaken belief about certain facts. It means that the person genuinely believed certain facts to be true, but in reality, they were not. A mistake of fact can be a [ … ]
As Magic mushroom stores continue to pop up in our communities (CBC News), the questions around magic mushrooms being legal can be a confusing. While public interest and evolving attitudes towards psychedelics have sparked debates and initiatives surrounding the legal status of magic mushrooms, it is essential to separate perception from reality. Mushrooms containing psilocybin [ … ]
Drug trafficking charges can have serious consequences that can change your life in Canada. If convicted, you may face jail time, fines, and a criminal record. This can also lead to social stigma, limited job opportunities, and travel restrictions. The Canadian Controlled Drugs and Substances Act classifies drugs into different Schedules, each with varying penalties. [ … ]
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