About the Course

Criminal law is one of the five core courses of the NCA examinations. With the exception of contempt of court, criminal offences are created in Canada by statute. Most criminal offences are created by the Criminal Code but it is not the only statutory source. Drug trafficking, for example, is made a criminal offence by the Controlled Drugs and Substances Act. The common law cannot be used to create offences in Canada because of concerns related to the principle of legality, and the notion that criminal offences should be clear, certain, and should pre-exist the act being prosecuted. In Canada, criminal offences are divided into two general categories: “indictable offences” and “summary” (or “summary conviction”) offences. Offences can be “hybrid” in the sense that the prosecutor has the right to elect whether to treat the offence as “indictable” or “summary.” The classification of offences has important implications for the penalties that are possible, and for the procedure that will be used, including the mode of trial.

“Idayat is an analytical and experienced professional with the ability to dissect complex legal issues and present sound legal opinion. With keen interest in the criminal justice system, Idayat is fully aware of the procedural as well as the substantive criminal laws of Canada and Nigeria.”

Idayat Balogun

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