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Class notes Crim 251- Policing In Canada (CRIM251)
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Policing Powers of law enforcement in Canada
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Lecture 2- Police Powers• Elements of an Offence
o Equation of Crime
▪ Actus Reus (Prohibited act) + Mens Rea (Mental element)= crime
o Implied Consent= agree to things without having to say yes
• At what point can you not consent?
• Categories of Offences
o Full Liability
▪ Most criminal offences
▪ Actus Reus and some form of Mens Rea
o Strict Liability
▪ No Mens Rea needs to be proven by crown
▪ Actus Reus only
▪ If accused can prove he took reasonable care to avoid act, he/she could be
acquitted
▪ Crown council approves charges
• Threshold:
o Public Interest
o Likelihood of Conviction
o Absolute Liability Offences
▪ No mens rea required
▪ Actus Rea only
▪ Ex. Speeding
• Classification of Offences
o Indictable offences (murder etc.)
o Dual
▪ Proceeded by indictable or summary offences
o Summary offences (dine and dash etc.)
o Statute of Limitations
▪ Summary Offences = 1 year from the time the offence has taken place, a
charge can be laid
▪ Indictable offences = No statute of limitations
• Not concerned with pre-charge delay
• Concerned with post-charge delay
o Summary = 18 months
o Indictable = 30 months
• Common Law Duties
o To preserve the peace
o To prevent crime
o To protect life and property
o To enforce the law
o To apprehend offenders
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