Keith Mack
The Canadian criminal justice system is a foundation of Canadian society, playing a crucial role in maintaining a just, peaceful, and safe society. The primary source of criminal law in Canada is the Criminal Code, which outlines substantive and procedural criminal law. This code is supplemented by other federal statutes such as the Narcotic Control Act, the Food and Drugs Act, and the Youth Criminal Justice Act. The Canadian Charter of Rights and Freedoms, a part of the Constitution, also plays a significant role in criminal law, guaranteeing fundamental rights and freedoms. The Parliament of Canada holds the power to enact criminal prohibitions and their punishments, with the Constitution Act, 1867, outlining the divisions of power between federal and provincial governments.
| Characteristics | Values |
|---|---|
| Main source of criminal law and procedure in Canada | Criminal Code |
| Primary source of law for youth offenders | Youth Criminal Justice Act |
| Other important Canadian criminal laws | Canada Evidence Act, Contraventions Act, Controlled Drugs and Substances Act, Firearms Act, Food and Drugs Act |
| Part of the Canadian Constitution | Canadian Charter of Rights and Freedoms |
| Date of "reception" for Ontario | September 17, 1792 |
| Criminal law before April 1, 1955 | Criminal law of England |
| Power to enact criminal prohibitions and determine punishments | Parliament of Canada |
| Divisions of powers between federal and provincial governments | Constitution Act, 1867 |
| Authority for federal government to create legislation on criminal law | Section 91(27) of the Constitution Act, 1867 |
| Authority for provincial government to administer matters related to investigation and prosecution of criminal offences | Section 92(14) of the Constitution Act, 1867 |
| Categories of offences | Indictable offences and offences punishable by summary conviction |
| Defences in criminal law | Duress, automatism, intoxication, necessity, and provocation |
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What You'll Learn
The Criminal Code
Offences punishable by summary conviction include common assault and public disturbance. These offences do not allow jury trials or preliminary hearings, and defendants do not have to be present at summary proceedings. Punishment is limited to a maximum fine of $500 or imprisonment for up to 6 months.
Finally, the Criminal Code provides for defences to criminal charges. True defences include duress, automatism, intoxication, or necessity. There is also a partial defence of provocation, which reduces murder to manslaughter. Some defences are provided for by statute, while others are provided for solely by common law.
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Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA) is a federal Canadian statute that covers the prosecution of youths for criminal offences. The YCJA came into force on April 1, 2003, replacing the Young Offenders Act, which was previously a replacement for the Juvenile Delinquents Act. The Act governs the prosecution of those 12 years old or older, but younger than 18 at the time of committing the offence. Youth aged 14 to 17 may be sentenced as adults under certain conditions.
The YCJA aims to strike a balance between accountability and community intervention, with trained members creating extrajudicial measures for young people. Failure to comply with these measures results in a return to the formal justice system. The Act prohibits pre-conviction detention, promoting alternatives to incarceration. Under the previous legislation, Canada had one of the highest youth incarceration rates among western countries.
The YCJA is the primary source of law and procedure for youth offenders in Canada. It ensures that the rights of young people are protected and upheld throughout the judicial process. For instance, youth criminal records cannot be viewed by anyone other than criminal justice officials, and only within specific time frames from the offence. The Act also allows young offenders to be placed on probation for a period not exceeding two years, with conditions such as supervision by the provincial director, residing at a specified place, or attending school.
The YCJA has undergone substantial changes on two occasions: in October 2012 through the Safe Streets and Communities Act, and in December 2019 via An Act to amend the Criminal Code.
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Common law
The common law of Canada has its roots in the criminal law of England, which was in force in Canadian provinces until April 1, 1955. This common law base was a part of the system of criminal law at the time of Confederation, though there were variations across jurisdictions due to laws passed by colonial and provincial legislatures.
The task of unifying Canadian criminal law began soon after Confederation, with Parliament enacting several pieces of criminal legislation, including The Criminal Procedure Act, which forms the basis of much of today's criminal procedure. By 1892, Canadian criminal law consisted of several elements, including the common law and statute law of England as of various reception dates, the statute law of individual provinces, and federal legislation since Confederation.
The Criminal Code, enacted in 1869, is now Canada's main source of substantive and procedural criminal law. It outlines the structure and offence classifications of Canadian criminal law, dividing offences into two main categories: indictable offences and offences punishable by summary conviction. Indictable offences are serious acts such as murder, kidnapping, and robbery, and typically involve a trial before a judge and/or jury. Offences punishable by summary conviction, such as common assault and public disturbance, do not allow for jury trials and carry lesser penalties.
In addition to the Criminal Code, other important Canadian criminal laws include the Youth Criminal Justice Act, the Canada Evidence Act, the Contraventions Act, the Controlled Drugs and Substances Act, the Firearms Act, and the Food and Drugs Act.
The defences available under Canadian criminal law are generally similar to those in other common law jurisdictions, such as the UK, Australia, and the United States. These include true defences like duress, automatism, intoxication, or necessity, which provide a complete or partial justification for committing a criminal act. Some defences are provided for by statute, while others are based solely on common law.
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Criminal Procedure Act
The Criminal Code is the main source of criminal law and procedure in Canada. The Youth Criminal Justice Act is the primary source for youth offenders. However, there are several other important Canadian criminal laws, including the Firearms Act, the Food and Drugs Act, and the Canada Evidence Act.
The criminal justice system in Canada plays a crucial role in maintaining a just, peaceful, and safe society. It achieves this by enforcing laws, maintaining public safety, and protecting the rights of individuals. The Supreme Court of Canada has affirmed that the objective of criminal law is to uphold these values, and that the criminal process is the most effective means of preventing certain acts.
The history of Canadian criminal law can be traced back to the British colonial system. The criminal law of Canada, prior to Confederation, consisted of the criminal law of England as it applied to each territory, along with any changes made by the respective legislatures. As a result, the criminal law at Confederation was inconsistent across the country, except for its common law base.
The task of unifying Canadian criminal law began soon after Confederation, with Parliament enacting various pieces of criminal legislation. One of the most significant pieces of legislation was The Criminal Procedure Act, which forms the basis of much of today's criminal procedure. By 1892, Canadian criminal law comprised several elements, including the common law and statute law of England, the statute law of individual provinces, and federal legislation.
The Criminal Procedure Act was a pivotal step in the evolution of Canada's criminal justice system, providing a standardised framework for criminal proceedings and ensuring the protection of individuals' rights during legal processes.
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Constitution Act, 1867
The Constitution Act, 1867 (formerly known as the British North America Act, 1867), is a fundamental part of Canada's constitution and a key source of criminal law. This Act
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Frequently asked questions
The Criminal Code is the main source of criminal law and procedure in Canada.
Other important sources of criminal law in Canada include the Youth Criminal Justice Act, the Canada Evidence Act, the Contraventions Act, the Firearms Act, and the Food and Drugs Act.
Canada's criminal law was initially based on the criminal law of England, with some modifications made by the legislatures of the various territories. The British North American Act of 1867 (now the Constitution Act, 1867) transferred the power to amend criminal laws to the federal government, and the Parliament of Canada now has the sole authority to enact criminal prohibitions and determine their punishments.
