COMPLETE SOLUTIONS VERIFIED LATEST UPDATE
parts
the code is divided into parts by theme
sections
statutory law - the written law
subsections
smaller sections within a section
commentary
not law but added annotations
case law
outlines important cases that have been decided relevant to that section often grouped
by theme
related provisions
this outlines the other sections of the CC that are related to this section
general sections
definitions, setting the framework, other things to know
types of sections
general sections, create offences, set out punishment, create defences, outline
processes
Libman v. R. (1985)
,To make an offence subject to the jurisdiction of the Canadian courts requires that a
significant portion of the activities constituting the offence take place in Canada. There
must be a real and substantial link between an offence and this country.
strict liability
The legal responsibility for damage or injury even if you are not negligent - can use due
diligence as a defence
absolute liability
a criminal offence in which intent is assumed to be present and need not be proven
general intent
The desire to commit a wrongful act, with no ulterior motive or purpose
specific intent
The desire to commit one wrongful act for the sake of accomplishing another
s. 264 Uttering threats
The external circumstances are complete where D utters, conveys or causes a person
to receive a threat to cause death or bodily harm, to burn destroy or damage property,
to kill poison or injure an animal of the person
The mental element consists of the intent to utter the prohibited threat.
s. 1 short title
criminal code, reference
s. 2 definitions
for the code as a whole, key words
bodily harm
, means any hurt or injury to a person that interferes with the health or comfort of the
person and that is more than merely transient or trifling in nature
complainant
means the victim of an alleged offence
count
means a charge in an information or indictment
day
means the period between six o'clock in the forenoon and nine o'clock in the afternoon
of the same day
dwelling house
means the whole or any part of a building or structure that is kept or occupied as a
permanent or temporary residence, and includes
• (a) a building within the curtilage of a dwelling-house that is connected to it by a
doorway or by a covered and enclosed passage-way, and
• (b) a unit that is designed to be mobile and to be used as a permanent or temporary
residence and that is being used as such a residence
every one
person and owner, and similar expressions, include Her Majesty and an organization
highway
means a road to which the public has the right of access, and includes bridges over
which or tunnels through which a road passes
mental disorder
means a disease of the mind