Kara Sears
The responsibility for criminal law in Canada is shared between the federal government and the provincial and territorial governments. The federal Parliament of Canada has exclusive jurisdiction over criminal law and is the source of the Criminal Code, which defines most criminal offences in the country. The provinces and territories, on the other hand, are primarily responsible for enforcing criminal law, including investigating and prosecuting most offences, and providing services and assistance to victims of crime. They also have the power to set regulations to create quasi-criminal or regulatory offences.
| Characteristics | Values |
|---|---|
| Criminal law jurisdiction | Exclusive jurisdiction of the Parliament of Canada |
| Criminal law sources | Criminal Code, Controlled Drugs and Substances Act, Youth Criminal Justice Act, Canada Evidence Act, Contraventions Act, Firearms Act, Food and Drugs Act, and other federal statutes |
| Criminal law applicability | Across Canada, with support from provincial and municipal enforcement mechanisms |
| Criminal law creation | New criminal law bills are considered and approved by the Parliament of Canada |
| Criminal law amendments | Regularly updated to reflect changes in society |
| Criminal law enforcement | Provincial and territorial responsibility, including investigation and prosecution of most offences |
| Criminal law prosecutors | Appointed by provinces |
| Criminal law judges | Appointed by provinces for provincial court judges; federal responsibility for county and supreme court judges |
| Criminal law rights | Guaranteed by the Canadian Charter of Rights and Freedoms, including the right to a trial within a reasonable delay, and to be presumed innocent until proven guilty |
| Criminal law defences | Duress, automatism, intoxication, necessity, and provocation, among others |
| Criminal law appeals | To the Supreme Court of Canada against a conviction or acquittal, or with leave of the Supreme Court |
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What You'll Learn
Criminal law jurisdiction
The criminal law of Canada falls under the exclusive jurisdiction of the Parliament of Canada, as outlined in the Constitution Act of 1867. This means that all crime is federal, with the Criminal Code, enacted by the Parliament of Canada in 1892, serving as the main source of criminal law and procedure in the country. The Code defines criminal offences, rules for criminal liability, defences, and punishments, and is regularly updated to reflect societal changes.
While the Parliament of Canada has the power to make criminal laws, the provinces and territories are primarily responsible for enforcing these laws. This includes investigating and prosecuting most offences and providing services and assistance to victims of crime. The provinces also have the power to create quasi-criminal or regulatory offences, such as speeding or liquor licensing issues, and have their own courts and enforcement mechanisms for these.
The provinces also play a significant role in the administration of criminal law. They hire prosecutors, appoint provincial court judges, and are responsible for the majority of criminal law prosecutions. The appointment of county and supreme court judges, however, is a federal responsibility under Section 96 of the Constitution Act.
In addition to the Criminal Code, there are other federal statutes that contain criminal offences, such as the Narcotic Control Act, the Food and Drugs Act, and the Young Offenders Act. These statutes expand on the Criminal Code, addressing specific areas of criminal law.
The Canadian Charter of Rights and Freedoms, established in 1982 alongside a new Constitution Act, is also relevant to criminal law jurisdiction. It guarantees fundamental rights, including legal rights such as the right to a fair trial, the right to be presumed innocent until proven guilty, and protection from unreasonable search and seizure. The Charter may directly affect criminal law procedures and the definition of certain crimes and their punishments.
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Criminal law sources
The responsibility for criminal justice in Canada is shared between the federal government and the provincial and territorial governments. The federal Parliament of Canada has exclusive jurisdiction over criminal law, and is the source of the Criminal Code, which is the main source of criminal law and procedure in Canada. The Criminal Code was enacted in 1892 and codifies criminal offences in Canada, though much of its content was imported from Britain.
The provinces also have their own powers and can set regulations to create quasi-criminal offences, also known as regulatory offences. The provinces are in charge of imposing punishment by fine, penalty, or imprisonment for enforcing any law of the province. They also hire prosecutors, appoint provincial court judges, and are responsible for the majority of criminal law prosecutions.
The Criminal Code is regularly updated to reflect changes in society and advancements in technology. It includes a wide range of crimes, such as murder, assault, theft, and fraud, and defines the conduct that constitutes criminal offences. It also includes rules that set out how people can be guilty of crimes if they help or encourage others to commit them, and rules for how corporations and other organizations can be found guilty. The Code also establishes the kind and degree of punishment that may be imposed on someone convicted of an offence and describes the powers and procedures to be followed for investigation and prosecution.
While the Criminal Code includes most of the criminal law in Canada, it is not the only source. Other federal statutes have expanded on the Code, including the Canada Evidence Act, the Controlled Drugs and Substances Act, the Youth Criminal Justice Act, the Contraventions Act, the Firearms Act, and the Food and Drugs Act.
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Criminal law offences
Criminal law in Canada is a federal responsibility, with the Parliament of Canada having exclusive jurisdiction over criminal law, according to the Constitution Act of 1867. The Criminal Code, enacted in 1892, codifies criminal offences in Canada and is regularly updated to reflect societal changes. It includes a wide range of crimes, such as murder, assault, theft, fraud, conspiracy to murder, impaired driving, and contempt of court.
The provinces also play a significant role in the administration of criminal law. They have the power to create quasi-criminal or regulatory offences and enforce criminal laws by investigating and prosecuting most offences. Provinces can have their own courts and enforcement mechanisms for infractions of regulations, such as speeding, not licensing a pet, or serving liquor without a licence.
The main categories of criminal offences in Canada are summary conviction offences and indictable offences. Summary offences are less serious, and a person charged with a summary offence does not have to appear in court themselves but may send a lawyer or agent. Indictable offences are more serious, and a person charged with an indictable offence must appear in court and may represent themselves or be represented by a lawyer.
The Criminal Code also sets out the maximum punishments that courts can impose upon conviction. It defines the conduct that constitutes criminal offences and includes rules for how individuals, corporations, and organisations can be found guilty. Additionally, it establishes the defences that can be raised by an accused person and the procedures for investigation and prosecution.
Criminal law in Canada also recognises the concept of "mens rea" or "guilty mind". This means that for a person to be found criminally responsible, the prosecution must prove the required state of mind for the particular offence, such as intention, knowledge, or recklessness.
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Criminal law defences
The Criminal Code of Canada includes definitions of most criminal offences, rules that set out how people can be guilty of crimes, and rules for how organisations can be found guilty of crimes. It also sets out defences that can be raised if someone is charged. The Code is a federal law, enacted by the Parliament of Canada, which has exclusive jurisdiction over criminal law. However, the provinces also have powers and can set regulations to create quasi-criminal offences, also known as regulatory offences.
The sources of substantive criminal law in Canada are limited. Most offences are created by the Criminal Code, which prohibits the conviction of an offence at common law (except for contempt of court). Criminal offences are also contained in other federal statutes, such as the Narcotic Control Act, the Food and Drugs Act, and the Young Offenders Act.
The Criminal Code does not define "mens rea" ("guilty mind"). In Canada, depending on the particular offence, the prosecution may be required to prove a state of mind that may include intention, advertent negligence, knowledge, recklessness, wilful blindness, or more specific states of mind. There is an overriding principle in Canadian criminal law that there is no criminal responsibility unless the guilty mind required by the offence can be proven. For example, the Supreme Court of Canada has held that murder is such a serious crime that it would be fundamentally unjust to convict someone of murder who did not, at the time of the killing, have a murderous state of mind.
Section 8(3) of the Criminal Code addresses the common law authority to define available defences. It authorises the courts to look at pre-existing common law rules and principles to give meaning to, and explain the outlines and boundaries of an existing defence or justification, indicating where they will not be recognised as legally effective.
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Criminal law enforcement
The provinces and territories, however, are primarily responsible for enforcing criminal law. This includes investigating and prosecuting most offences, and providing services and assistance to victims of crime. They have their own powers, including the ability to set regulations and create quasi-criminal or regulatory offences. For example, speeding, not licensing a pet, or serving liquor without a licence are usually provincial or municipal regulatory offences. Provinces and municipalities support the federal system by helping enforce the law, with their own courts and enforcement mechanisms. They also hire prosecutors, appoint provincial court judges, and are responsible for most criminal law prosecutions.
The Criminal Code is regularly updated to reflect changes in society and advancements in technology. For example, recent amendments have been made concerning theft of telecommunications and credit card fraud, and provisions for wiretap surveillance. The Code is not the only source of criminal law in Canada, as it has been expanded upon by other federal statutes such as the Canada Evidence Act, the Narcotic Control Act, the Food and Drugs Act, the Young Offenders Act, and the Youth Criminal Justice Act.
In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "King in Right of Canada", as the King of Canada is the country's head of state. The Canadian Charter of Rights and Freedoms, established in 1982, guarantees certain fundamental rights, including the right to a trial within a reasonable delay, the right to be presumed innocent until proven guilty, freedom of speech, and legal rights such as the right to a lawyer.
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Frequently asked questions
The responsibility for criminal justice in Canada is shared between the federal government and the provincial and territorial governments.
The Criminal Code is the main source of criminal law in Canada. It was enacted in 1892 and codifies criminal offences.
The provinces have the power to set regulations and create quasi-criminal offences, also known as regulatory offences. They also hire prosecutors, appoint provincial court judges, and are responsible for most criminal law prosecutions.
Federal-level crimes in Canada include murder, assault, theft, and fraud. These are defined by the Criminal Code and are considered more serious offences.
New criminal law bills are considered and approved by the Parliament of Canada, which has exclusive jurisdiction over criminal law.
