LAW 120: Criminal LawChapter 1 Introduction to Canadian Criminal LawA. Purposes of the Criminal Law

R v Grant

Facts Grant was employed as an Indian Agent in the Indian Affairs Branch. He used money from a relief fund to build housing in the Yukon, using First Nations men to do construction work for free. Grant was able to build 45 houses, set up a store, build a power line, and sponsor a beauty pageant entry. He diverted $70,000 in total.

Procedural history Grant was charged with 6 counts of making a false return to the department of Indian Affairs. He was convicted at trial but fined only $10/count. The Crown appealed to the Yukon Territory Court of Appeal.

Who won? Crown

Issue Can civil servants reallocate funds to create a better outcome or must they comply strictly with directions laid down by Parliament?

Holding It is not acceptable for civil servants to reallocate government funds without authorization.

Reasoning Grant knew the funds were being used in ways they were not intended for. He also knew that the use of the funds was not authorized by Parliament (the Minister had rejected a recommendation from Grant). Grant also made false returns to deceive a government official.

B. Sources of the Criminal Law

1. Constitution Act, 1867

Divides the powers of federal and provincial legislatures

Section 91 Federal Powers

Criminal law

Procedures to be followed in criminal trials

Establishment, maintenance, and management of penitentiaries

For sentences >2 years

Section 91 Provincial Powers

Establishment, maintenance, and management of prisons

For sentences