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Law 30 - Criminal Law – 2.8

I. Notes: Strict and Absolute Liability Offenses

Non-Intent Offences
There are two sets of circumstances whereby only actus reus, but no mens rea need
exist in order for a crime to have occurred. This means that no moral fault exists. The
first are strict liability offences, and the second are absolute liability offences. These
are not true criminal offences, but rather contravention of regulatory statutes.

Strict Liability Offences

For offences of this nature, the general protection of the public is the intent, rather
than punishment of offenders. These include primarily quasi-criminal offences of
regulatory nature, to protect the health, safety, environment and general welfare of
the public. Examples include wildlife laws at the provincial level, and laws regarding
taxation and environmental protection at the federal level. Due diligence may be
offered as a defence to a strict liability offence.

Absolute Liability Offences

Absolute liability includes commitment of a regulatory offence, but offers no defence
as is available in the strict liability offence. Examples of an absolute liability offence
would include failing to stop for a stop sign, or speeding.

Strict Liability
Know that a strict liability offence depends for conviction only on proof of the physical
element of the offence (actus reus), although there is no negligence on the part of
the accused.

Due Diligence
As a defence to a strict liability offence, an accused person must prove the exercise
of due diligence in order to avoid committing the offence. Due diligence involves
demonstrating that one has undertaken to do everything possible to avoid
committing an offence. In this way, because of reasonable belief in a mistaken set of
facts, which would, if true, have made the action nonoffensive, the accused person
may be deemed free from fault.

Absolute Liability
Absolute liability offences are regulatory offences based on proof that the accused
committed the prohibited act (actus reus), but need not involve proof of criminal
intent (mens rea).
Know that absolute liability is similar to strict liability, but there is no potential for due
diligence or mistake of fact as a defence in the case absolute liability. The Canadian
criminal justice system accepts offences as absolute liability offences only when the
written statute explicitly identifies the intention of absolute liability.

II. Questions

1. What is a "Strict Liability" offence? Provide an example.

2. What is an "Absolute Liability" offence? Provide an example.

3. Why are strict liability and absolute liability offences not true criminal offenses?

4. What is due diligence? Why is due diligence used as an offense against a strict
liability offence?

III. Criminal Code Offenses

Types of Criminal Code Offences

The Criminal Code of Canada outlines the provisions of conduct deemed offensive to
society. These may be categorized according to the following criteria:
• Offences Against People
• Offences Against Property
• Offences Against Morality
• Offences Involving Automobiles
• Being Party to an Offence

Controlled Drugs and Substances Act

The establishment of contraband substance offences has changed from the Criminal
Code to the Controlled Drugs and Substances Act, in order to encompass a larger
number of offence-creating statutes into one piece of legislation, and to better reflect
societal understanding of this area of law. The Controlled Drugs and Substances Act
includes schedules for classification of certain categories of drugs. These include:
• Schedule One - includes heroin and cocaine. This schedule provides for the
most serious penalties because the substances included within it are deemed
to present the greatest health and social difficulties.
• Schedule Two - includes marijuana and other forms of cannabis.
• Schedule Three - includes drugs such as amphetamines and LSD.
• Schedule Four - includes drugs such as barbiturates and anabolic steroids.
This category includes substances that are legal to possess with a
prescription, but are illegal to possess without a legally obtained prescription,
and are also illegal to import, export or traffic.
Offences Against People
Know that under the provisions of the Criminal Code of Canada (2000), offences
against people include homicide, manslaughter, counselling or aiding suicide, assault
and sexual assault.
Offences Against Property
Know that under the provisions of the Criminal Code of Canada (2000), offences
against property include theft, break and enter, mischief and fraud.

Offences Against Morality

Know that under the provisions of the Criminal Code of Canada (2000), offences
against morality include gambling in contradiction to regulations, prostitution and
obscenity.

Offences Involving Automobiles

Know that under the provisions of the Criminal Code of Canada (2000), offences
involving automobiles include impaired driving, driving with excess alcohol in the
bloodstream, failure to provide a breath sample, criminal negligence and dangerous
driving.

Drug Offences
Know that there are six types of drug offences created under the Controlled Drugs
and Substances Act. They include:
• possession
• trafficking
• possession for the purpose of trafficking
• importing and exporting
• production
• possession of the proceeds of drug offences
Another drug-related offence created under the Criminal Code of Canada is that of
impaired driving. While most commonly associated with the use of alcohol, impaired
driving also is an offence that occurs in the event that an individual operates a motor
vehicle while under the influence of other drugs.

IV. Questions

1. How is a Schedule Four drug different from the other classification under the
controlled drugs and substances act?

2. Why does a schedule one drug carry a larger penalty than any of the other
classifications of drugs?

3. Label the following as either an offence against people, property, or morality.

 a) Teenagers pulling the cable TV connection out of the school wall during a
weekend party -
b) Publishing a nude photograph on a personal website -
c) Providing someone with a gun after they have disclosed plans for a
suicide. -

4. What are the six types of drug offences?

V. Criminal Attempts, Parties to an Offence, and Accessory After the Fact

Criminal Attempts
While completed actus reus (physical action) is a necessary element of proof in most
serious criminal matters, the actions of attempting to commit a criminal offence may
also be deemed as offensive in the legal sense. For example, if an individual thinks or
talks about committing a criminal offence, no law has been broken. However, if the
same person attempts to take action toward actually achieving the intended offence,
then a criminal offence has been committed, even if the action has not been
successfully completed.

Attempt
Know that under the Section 24 of the Criminal Code of Canada, when an
individual attempts to undertake an offence, an action or omission directly
connected with the intended crime is, in itself, a criminal offence.
Know that three essential elements of the criminal offence of attempt are
intent to carry out an unlawful act, some act or omission toward
committing the offence, and noncompletion of the criminal act. (Completion
of the action would eliminate the offence of attempt.)

Parties to an Offence
One need not be the principle character carrying out a criminally offensive action in
order to be guilty of the offence. In Canada, it is a criminal offence to be party to a
criminal offence under the following circumstances:
• aiding and/or abetting
• counselling

Aiding or Abetting
Know that an aid to a criminal offence is a person who knowingly assists in the
commission of a crime in any way.
Know that an abettor to an offence is one who knowingly encourages another to
commit a criminal act.

Counselling
Know that counselling may be charged when one advises, recommends, solicits or
incites another person to be party to an offence. Under section 464 of the Criminal
Code of Canada, an offence of this nature occurs when the counselling occurs
regarding a crime never committed. Under section 22 of the Criminal Code of
Canada, a counselling offence occurs when an actual crime is committed, and this is
deemed much more serious an offence.

Accessory After the Fact

Another of the criminal offences that may be committed without being the principle
offender is that of accessory after the fact. This may include providing food, clothing
and shelter to one who has committed an offence, if it is determined that such
assistance was provided for the purpose of enabling that person to escape. However,
a married person may not, under current law, be convicted of the charge of
accessory after the fact when they are an accessory to the offence of a spouse in this
manner.

Accessory After the Fact

Know that it is a criminal offence according to Section 23 of the Criminal Code of
Canada, when a person who, knowing that another person has committed a criminal
offence, helps that person to escape

V. Questions

1. Why is a criminal attempt a crime? What are the criteria of a criminal attempt?

2. What does it mean to be a party to an offence? In what two ways can you be a
party to an offence?

3. What is the difference between aiding and abetting and counselling an offence?

4. What is meant by being an accessory after the fact? What condition is required in
order to be an accessory after the fact?