Criminal Offences and Criminal Defences

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Here is the game plan moving through the week.  It involves reading, annotating, completing the package, case analyses, videos, and alternative readings.  I have written it in a specific order for you so please try follow the directions in that order.  It includes the topics of Criminal Offences as well as Criminal Defences.

Anything that is too triggering or you need an exemption, just send Ms. Hopkin a private message on Teams explaining (to the level you feel comfortable) and we can go from there.

Readings and Resources

Law in Action Textbook

  • Criminal Offences: Entirety of Chapter 8 (pp. 219-247).
  • R. v. Ewanchuk: Chapter 8 p. 233.
  • Criminal Defences: Entirety of Chapter 10 (pp. 285-306)

Other readings linked below.

You will watch the video below together as a class on Wednesday.  On Wednesday, the R. v. Ewanchuk case analysis is due by the end of class.

Order to Proceed with Assignments

  1. Complete the Criminal Offences Package in the order it is written.  This involves the remaining parts that have not been addressed yet (I believe this means starting with the types of murder charges), and skipping what you have already done.  Remember, for the true/false questions, if the answer is false you need to write in the correct answer or answers.
  2. When you get to laws around dying by suicide, read:
  3. When you get to the section on sexual assault, after completing it, read the case R. v. Ewanchuk in Law in Action p. 233.  In a separate file, analyze the case.  Consider what we talked about e.g. this is a GIRL, not a woman.  Use the questions #1 and #2 to prompt you (please ignore #3), but it should more be a reflective analysis than traditional question-and-answer. But, please ensure in your analysis you do address both of those questions.  1-2 paragraphs, you can use “I” statements. This should follow basic English grammar and not be a giant block of text, but adjust as needed.  Sometimes paragraphs are short, sometimes long.  In a perfect world, it would be great if you watched the video as the class on Wednesday, then spent most of Wednesday doing the Ewanchuk analysis.  However, I understand you might need to work at your own pace and complete it earlier, which is absolutely fine!
  4. When you get to laws around prostitution, read:
  5. Read and annotate Chapter 10, but organize it based on the Types of Defences: Mental States, Justifications, and Other.   Think of it less as re-writing the chapter, and more as defining the terms below + making an example in your own words.  You do not need to write down everything – just understand those concepts!
    • Please keep in mind the laws around Intoxication are literally in limbo changing right now and being discussed in Parliament.  So, I would be okay if you honestly just got down a one-sentence definition from the first paragraph on p. 291 and skipped the rest of that section.  I am going to go over it with you when I am back because I am actually checking with colleagues in the courts and the Parliament’s discussion pages every day to make sure you get the most updated information on it.
    • Skip the cases.  Just read the types of Defences.  Remind me, though, because next week I am going to go over R. v. Parks with you as an example of Automatism.  It is briefly mentioned, but I have a feeling you will want to discuss it!
    • Mental States:
      • Intoxication.
      • Not Criminally Responsible due to Mental Disorder (NCRMD).
      • Automatism.
        • Your textbook uses outdated language for the two-subcategories of automatism (uncomfortably, this change did not officially come in until 2022… I KNOW.  I know.  Do better, Canada).
        • Incorrect: Insane Automatism –> Correct: Mental Disorder Automatism.
        • Incorrect: Non-Insane Automatism –> Correct: Non-Mental Disorder Automatism.
    • Justifications:
      • Self-Defence.
      • Battered Woman Syndrome.
      • Defence of a Dwelling.
      • Necessity.
      • Duress.
      • Provocation.
      • Indigenous and/or Treaty Rights.  One such example is the Gladue precedent, which says an Indigenous person’s Indigenous ancestry much be taken into account when sentencing.  Please remember to use “Indigenous” and not what the book uses.
    • Other Defences (though I would argue some of these are not defences, just more their own thing):
      • Mistake of Law.
      • Mistake of Fact.
      • Double Jeopardy.
      • Alibi.
      • Entrapment.

Deadlines

These should all be uploaded as separate files to the respective assignments.

R. v. Ewanchuk Case Analysis due to Teams by the end of class on Wednesday, 1 May 2024.  You can submit earlier, but if you do, please consider adding elements from the video you watch Wednesday and re-submitting with those additions.  The video is also linked above.

Completed Criminal Offences Package due by the end of class on Friday, 3 May 2024 (or earlier).  We will go over it as a class next week where you can make corrections and re-upload the corrected versions.

Definitions and Examples (your own – not the textbook’s, though you may add those if it helps you in addition to your own example) of Criminal Defences (listed above) due Friday, 3 May 2024 by the end of class (or earlier).  This assignment will not appear on Teams until mid-week.

Remember to write down any questions you have or clarification you would like so we can go over it together next week. 🙂