Ask A Word

Encyclopedia: Criminal law in Canada, Talk:Criminal law in Canada

Criminal law in Canada is under the exclusive jurisdiction of the federal government. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and several other peripheral Acts.

There remains, however, a parallel power of the provincial government to “administer” the justice system, which gives the provinces power to enforce and prosecute laws. In addition, this gives the provinces the power to enact quasi-criminal offences The administration of justice and penal matters are under the jurisdiction of the provinces, so each province administers most of the criminal and penal law through provincial and municipal police forces.

Legislation

The Criminal Code of Canada sets out the majority of criminal offences and statutory defences (see http://laws.justice.gc.ca/en/C-46/ Criminal Code ( R.S., 1985, c. C-46 )). It also sets out the procedure to be followed in criminal trials. Drug offences are set out in the Controlled Drugs and Substances Act and the Food and Drugs Act. Offences committed by persons aged 12 through 17 (that is to say, 12 or older but less than 18) fall under the Youth Criminal Justice Act, which prescribes different procedures and penalties for young persons. Persons under the age of 12 cannot be charged with an offence.

Evidentiary matters in criminal trials are controlled by the common law and the http://en.wikipedia.org/wiki/Canada_Evidence_Act Canada Evidence Act.

Law enforcement

The Royal Canadian Mounted Police functions as a federal police force for all of Canada and, through various contracts entered into with provincial and local governments, as a provincial police force in seven of the ten provinces and a municipal police force in numerous towns and cities. Many municipalities have their own police forces. The provinces of Newfoundland and Labrador, Ontario, and Quebec have their own provincial police forces.

Young offenders

Criminal law matters relating to young persons (those aged 12 through 17) are dealt with by the Youth Criminal Justice Act which provides for different procedures and punishments than those applicable to adults. It also provides that in some cases youths may be 'transferred' to adult court.

Legislation

Law enforcement

Young offenders

See also