Both a statutory and common law offence
s. 17 A person who commits an offence under compulsion by threats of immediate death or bodily
harm from a person who is present when the offence is committed is excused for committing the
offence if the pers
SOURCES OF CRIMINAL LAW
- With exception of contempt, criminal offences are created by statute, mostly by the Criminal Code [CC]
* See Frey v Fedoruk (Conduct, not otherwise criminal and not falling within any category of off
Droit Pnal. Cours 2.
Code procedure pnale in Qubec.
Since 1955, judges cannot create infractions by common law, which creates a problem between
statutory / legislative criminal and common law.
Common law procedure, loutrage, levidence
Mais statute definit
To secure a conviction of A, The CROWN/DEFENCE will have to prove BARD/BOP/AoR the following elements of the. [AR/MR/Dof?]
 Already parsed? If NOT  Go to Code AR/MR  Have I used all the facts?  Argument (PROVE EACH ELEMENT OF THE OFFENCE/say w
MAKING A CASE
1. Burden of Proof: Crown must prove BRD elements of offence (AR.MR), and absence of any lawful
defence or justification that arises fr evidence. BRD is short of proof to absolute certainty, but stronger than
probably guilty (Lifchus). Golde