Criminal Code of Canada
Encyclopedia
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada
. Its official long title is "An Act respecting the criminal law" (R.S.C. 1985, c. C-46, as amended). Section 91(27) of the Constitution Act, 1867
establishes criminal law as under the sole jurisdiction of the federal Parliament.
The Criminal Code contains some defences, but most are part of the common law
rather than statute
. Important Canadian criminal laws not forming part of the code include the Firearms Act
, the Controlled Drugs and Substances Act
, the Canada Evidence Act
, the Food and Drugs Act
, the Youth Criminal Justice Act
and the Contraventions Act.
of the time, Sir John Sparrow David Thompson. It was based on a drafted code called "the Stephen Code", written by Sir James Fitzjames Stephen
as part of a Royal Commission in England
in 1879, and influenced by the writings of Canadian Jurist George Burbidge
.
The main body is followed by schedules (i.e. appendices) relating to some of the above-mentioned Parts and a series of prescribed legal forms, such as Form 5 which sets out the proper legal wording for a search warrant
.
, whose provisions included, among other things, the decriminalization of homosexual acts between consenting adults, the legalization of abortion
, contraception
and lotteries, new gun ownership restrictions as well as the authorization of breathalyzer
tests on suspected drunk drivers. The Criminal Code, in its present form, is part of the 1985 consolidated statutes with further major amendments since that year.
By means of legal challenges under the Canadian Charter of Rights and Freedoms
, numerous sections of the Criminal Code have been struck down by the Supreme Court of Canada
as infringing on a constitutional right as defined in this 1982 constitutional document. The offending sections are usually removed altogether, or heavily qualified, when new laws are passed. In other instances, such as Section 287 regarding qualified abortions, the Canadian Parliament does not repeal (i.e. erase) the infringing section from the text of the Criminal Code and so the remaining text is simply null, void and unenforceable by the police and the criminal justice system.
Before the terrorist attack against the World Trade Center
on September 11, 2001, the Criminal Code contained almost no specific reference to terrorism
. After that event, the Canadian Parliament passed Bill C-36, the Anti-terrorism Act (S.C. 2001, c.41) which received royal assent
on December 18, 2001. This statute added an entire new component to the Criminal Code. Falling between Part II and Part III is now Part II.1 - Terrorism, which contains numerous provisions regarding the financing of terrorism, the establishment of a list of terrorist entities, the freezing of property, the forfeiture of property, and participating, facilitating, instructing and harbouring of terrorism.
. The youth may be taken to an adult prison after the age of 14.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Its official long title is "An Act respecting the criminal law" (R.S.C. 1985, c. C-46, as amended). Section 91(27) of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
establishes criminal law as under the sole jurisdiction of the federal Parliament.
The Criminal Code contains some defences, but most are part of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
rather than statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. Important Canadian criminal laws not forming part of the code include the Firearms Act
Gun politics in Canada
Gun politics in Canada is largely polarized between two groups with opposing views. One group includes those who object to the registration of personal firearms...
, the Controlled Drugs and Substances Act
Controlled Drugs and Substances Act
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors...
, the Canada Evidence Act
Canada Evidence Act
The Canada Evidence Act is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the Act is not comprehensive....
, the Food and Drugs Act
Food and Drugs Act
Food and Drugs Act is an Act of the Parliament of Canada regarding the production, import, export, transport across provinces and sale of food, drugs, contraceptive devices and cosmetics...
, the Youth Criminal Justice Act
Youth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
and the Contraventions Act.
History
The Criminal Code was first enacted in July 1892 after being a pet project of the Minister of JusticeMinister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
of the time, Sir John Sparrow David Thompson. It was based on a drafted code called "the Stephen Code", written by Sir James Fitzjames Stephen
James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet was an English lawyer, judge and writer. He was created 1st Baronet Stephen by Queen Victoria.-Early life:...
as part of a Royal Commission in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in 1879, and influenced by the writings of Canadian Jurist George Burbidge
George Burbidge
George Wheelock Burbidge was a Canadian lawyer, judge and author. After being admitted to the New Brunswick Bar in 1872, he became a partner in a Saint John, New Brunswick law firm. He is noted for having conducted the prosecution of Louis Riel during his trial for treason following the North-West...
.
Structure
The main body of the Criminal Code is divided into the following major components:- Part I - General
- Part II - Offences Against Public Order
- Part II.1 - Terrorism
- Part III - Firearms and Other Weapons
- Part IV - Offences Against the Administration of Law and Justice
- Part V - Sexual Offences, Public Morals and Disorderly Conduct
- Part VI - Invasion of Privacy
- Part VII - Disorderly Houses, Gaming and Betting
- Part VIII - Offences Against the Person and Reputation
- Part IX - Offences Against Rights of Property
- Criminal code section 342Criminal code section 342Criminal Code of Canada Section 342 is stated in part IX which is called 'Offences against Rights of Property'. It deals specifically with 'Offences Resembling Theft'...
- Criminal code section 342
- Part X - Fraudulent Transactions Relating to Contracts and Trade
- Part XI - Wilful and Forbidden Acts in Respect of Certain Property
- Part XII - Offences Relating to Currency
- Part XII.1 - Instruments and Literature For Illicit Drug Use
- Part XII.2 - Proceeds of Crime
- Part XIII - Attempts-Conspiracies-Accessories
- Part XIV - Jurisdiction
- Part XV - Special Procedure and Powers
- Part XVI - Compelling Appearance of an Accused Before a Justice and Interim Release
- Part XVII - Language of Accused
- Part XVIII - Procedure on Preliminary Inquiry
- Part XIX - Indictable Offences-Trial Without a Jury
- Part XIX.1 - Nunavut Court of Justice
- Part XX - Procedure in Jury Trials and General Provisions
- Part XX.1 - Mental Disorder
- Part XXI - Appeals-Indictable Offences
- Part XXI.1 - Applications for Ministerial Review-Miscarriages of Justice
- Part XXII - Procuring Attendance
- Part XXIII - Sentencing
- Part XXIV - Dangerous Offenders and Long-Term Offenders
- Part XXV - Effect and Enforcement of Recognizances
- Part XXVI - Extraordinary Remedies
- Part XXVII - Summary Convictions
- Part XXVIII - Miscellaneous
The main body is followed by schedules (i.e. appendices) relating to some of the above-mentioned Parts and a series of prescribed legal forms, such as Form 5 which sets out the proper legal wording for a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
.
Amendments
The Criminal Code has been revised numerous times, including the consolidation of federal statutes that occurred during 1955 and 1985. One of the major revisions of the code occurred with the passage of the Criminal Law Amendment Act, 1968-69Criminal Law Amendment Act, 1968-69
The Criminal Law Amendment Act, 1968-69 was an omnibus bill that introduced major changes to the Criminal Code of Canada. It was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967...
, whose provisions included, among other things, the decriminalization of homosexual acts between consenting adults, the legalization of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
and lotteries, new gun ownership restrictions as well as the authorization of breathalyzer
Breathalyzer
A breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...
tests on suspected drunk drivers. The Criminal Code, in its present form, is part of the 1985 consolidated statutes with further major amendments since that year.
By means of legal challenges under the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, numerous sections of the Criminal Code have been struck down by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
as infringing on a constitutional right as defined in this 1982 constitutional document. The offending sections are usually removed altogether, or heavily qualified, when new laws are passed. In other instances, such as Section 287 regarding qualified abortions, the Canadian Parliament does not repeal (i.e. erase) the infringing section from the text of the Criminal Code and so the remaining text is simply null, void and unenforceable by the police and the criminal justice system.
Before the terrorist attack against the World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
on September 11, 2001, the Criminal Code contained almost no specific reference to terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. After that event, the Canadian Parliament passed Bill C-36, the Anti-terrorism Act (S.C. 2001, c.41) which received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on December 18, 2001. This statute added an entire new component to the Criminal Code. Falling between Part II and Part III is now Part II.1 - Terrorism, which contains numerous provisions regarding the financing of terrorism, the establishment of a list of terrorist entities, the freezing of property, the forfeiture of property, and participating, facilitating, instructing and harbouring of terrorism.
Related laws
Young persons, ages 12 to 17, may be charged with offences under the Criminal Code, are prosecuted in much the same way as adults under the Criminal Code, and are subject to the same laws of evidence. However, sentencing, procedure and evidence law are modified to some extent by the Youth Criminal Justice ActYouth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
. The youth may be taken to an adult prison after the age of 14.
See also
- Bill C-250 - Act to amend the Criminal Code (hate propaganda)
- Criminal law in CanadaCriminal law in CanadaThe criminal law of Canada is under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91 of the Constitution Act, 1867...
External links
- Criminal Code (Department of Justice, Canada)
- Criminal Code at The Canadian EncyclopediaThe Canadian EncyclopediaThe Canadian Encyclopedia is a source of information on Canada. It is available online, at no cost. The Canadian Encyclopedia is available in both English and French and includes some 14,000 articles in each language on a wide variety of subjects including history, popular culture, events, people,...
- Canadian Legal Information Institute contains the CCoC in a searchable database.