Criminal Law and Procedure (Khoday)
This full-year course is intended to introduce students to the basic procedural and doctrinal concepts and frameworks of Canadian criminal law. The course begins with an overview of several basic concepts, including: the sources of criminal law, principles of statutory interpretation, the limits of Canadian criminal jurisdiction and the presumption of innocence. During the first part of the course, we shall also identify the roles and duties of the key players in the criminal justice system. The course will then shift attention to substantive areas of criminal law including the principles ofactus reus (the wrongful act) and mens rea (the guilty state of mind) and their roles in defining the essential elements of criminal offences. A number of specific criminal offences are examined in connection with these components. These include homicide and sexual assault-related offences. After this, the course provides an overview of several common defences to criminal charges and the various elements that constitute them. The course will then analyze how the Canadian Charter of Rights and Freedoms and the common law governs the admission of evidence procured by law enforcement officials. Particular attention will be given to the procurement of confessions. The final part of the course provides an overview of the processes and principles of sentencing.