Legal Defences Worksheet

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Criminal Law: Legal Defences

Learning Goal: I will be able to identify some legal defences that have been become legally accepted under Canadian criminal law.

Once the Crown has tried to prove that the accused is guilty beyond a reasonable doubt, the defence may attempt
1) to raise some reasonable doubt that the accused possessed both elements of the crime (actus reus and mens rea) due to their mental state.
2) to ‘justify’ the crime – to provide a legally accepted reason why they committed this crime

Part 1 – Complete the following chart regarding legal defences found in the Criminal Code. Use Chapter 10 from the textbook, Law in Action, to fill
in the chart.

Legal Defence Description

1. Mental
Disorder

2. Automatism

3. Intoxication

4. Self Defence

5. Battered
Woman
Syndrome

6. Defence of a
Dwelling

7. Necessity

8. Compulsion
or Duress

9. Provocation

10. Treaty
Rights
Part 2: Review the following cases from Chapter 10 in the textbook, Law in Action, and complete the following chart.

Definition / Explanation of Was defence Why was (or why wasn’t) the defence successful?
Defence
Case Defence successful in What needed to be proved or established for the
Used
this case? defence to be accepted?
R. v. Hibbert

R. v. Proulx

R. v. Borsch

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