There are 28 parts in the Criminal Code, as well as 7 additional point parts.

Definitions

Intervenor status: Legal status granted to a non-party to an offence to participate in the proceedings. Burden of proof: The obligation of a party to prove what it is asserting . Onus:
Responsibility or obligation to prove. Reverse onus: A situation in which the burden of proving or disproving something shifts from the Crown to the accused
Standard of proof: Level or extent to which facts must be proven. State-of-Being Offences: most involve an accused person being in possession of weapons, controlled drugs, break-in
tools, etc. Mens Rea: Latin term for “the guilty mind”; the criminal intention or knowledge of committing an offence. Circumstantial evidence is evidence that relies on an inference or
reasoning to connect it to a conclusion of fact. Surety: a person who takes full responsibility for and supervise the person while thye are on bail. inherent jurisdiction a concept based
on the common law doctrine that a superior court has the authority to hear any matter that appears before it; may be overridden by statute or legislation. Commission: execution of an
act
that causes harm. Omission: failure to do an act that one has a legal duty to do that results in harm. Recklessness: consciously disregarding the fact that an action may result in a
substantial and unjustifiable risk of harm to another person. quasi-criminal: non-criminal but may carry a penalty similar to that of a criminal offence. inchoate offences offences that
are not fully completed; the mens rea is present but not all of the elements of the actus reus are present. beyond mere preparation a legal test applied by a judge to determine
whether the accused has taken steps toward committing the offence beyond simply planning it. identification evidence showing that a person charged with an offence is the one who
committed the offence. forensic identification specialist specially trained police officer responsible for the collection of physical evidence from a crime scene. preliminary inquiry
evidentiary hearing during which the Crown must prove that there is sufficient evidence to proceed with an indictment against the accused. super-summary offences a category of
hybrid or summary conviction offences that carry a greater penalty than the general penalty for summary conviction offences. Information charging document for criminal offences that
is sworn and commences the prosecution. In order for information to be laid, police needs to have reasonable grounds to believe that an offence has been committed . reasonable
grounds a set of facts or circumstances that would cause a person of ordinary and prudent judgment to believe beyond a mere suspicion. pre-enquete hearing private hearing in the
absence of the parties. standard of proof level or extent to which facts must be proven. rule against duplicity rule against duplicate or ambiguous offences set out in one count. motion
to sever application to separate co-accused or charges from being heard together on an information. joinder joining charges or co-accused together. plain view doctrine common law
authority that permits the police to seize illegal items that are in plain sight while in the execution of a lawful search. exigent circumstances danger that evidence will be lost, removed,
or destroyed

Three types of inchoate offences – Attempt (intention along with actions that extend beyond preparation), conspiracy (2 or more parties agree to commit offence) and counselling
Indictable offences – person has right to choose mode of trial and right to preliminary enquiry. No limitation period. Absolute jurisdiction offences, provincial judge has absolute
jurisdiction to try an accused person charged with certain offences, such as theft, fraud, false pretences, and mischief.

Hybrid offences – also referred as dual procedure offences. Whether to proceed by summary conviction or indictment.
Summary conviction– accused must be charged within 12 months of subject matter. absolute jurisdiction to try an accused person charged with certain offences, such as theft, fraud,
false pretences, and mischief. 2 methods of locating penalty for summary offence – 1. Within offence section itself or within close proximity to offence section, or 2) where no penalty is
specified, the general penalty section for summary conviction offences. Summary conviction offences dealt by Part 27 of the Criminal Code. Paralegal scope for summary conviction –
max penalty 2 years less a day. Max punishment for summary conviction – 5000 cad or term of 6 months or both.

Police power for summary conviction - Section 495(2): a police officer may not arrest a person for a summary conviction or hybrid offence if the public interest is satisfied without the
need to arrest the person. The peace officer must take into account the RICE factors in deciding whether or not to arrest the person. If there are no RICE concerns, the peace officer
must not arrest the accused and may issue an appearance notice.
Police procedure to compel attendance in court - When a person is arrested without warrant, police may decide to release person to appear in court on the charges. When person is
released on appearance notice or summons, no conditions are placed other than to attend court n fingerprinting. Police also have discretion to release person with conditions attached
by asking person to enter into an undertaking. When person arrested with a warrant, police may release accused only if warrant is endorsed for release by justice authorizing the arrest.
Police may release on appearance notice, however a police officer may also require the person to enter into an undertaking with conditions attached. Accused who fails to appear for
first appearance may have warrant issued for arrest. If peace officer believes that RICE concern exists, or person may fail to appear, then peace officer shall not release the person. If
an accused is not released, they must be taken before magistrate within 2 hours of arrest, and failure to do so will constitute arbitrary detention. Accused has right to have validity of
detention determined by way of habeas corpus.
Judicial Interim release is commonly referred to as show cause hearing or bail hearing. If crown able to show cause why detention of accused justified then justice must order accused
to remain in custody till matter dealt. Crown may rely on Three grounds – 1) Primay (to ensure accused appears in court), 2) Secondary (to protect safety of public, victims and witness),
3) Tertiary – to maintain confidence in administration of justice. S518 of Code sets out evidence that may be presented at SC hearing, hearsay not admissible. Reverse Onus situation,
onus shifts on accused to show cause why they ought to be released on bail.

Case law: R v Lucas: Held that even though accused did not actually break into building, the accused actions were guilty of attempt to commit and break into building. The test laid
down was that accused must have progressed a sufficient distance, that is, beyond mere preparation. R v Oakes: Section 8 of Narcotics Control act was struck down because it violated
section 11d of the charter and the violation could not be saved by section 1 of charter. Section 8 put a reverse onus burden on accused. R v Edwards: Supreme Court of Canada held
that, to determine whether a person has reasonable expectation of privacy, it is necessary to look at totality of the circumstances by assessing a number of factors. Such factors include:
• The person’s presence at the time of the search • The possession or control of the property or place being searched • The ownership of the property or place • The historical use of
the property or item • The ability to regulate access, including the right to admit or exclude others from the place.