Criminal Code (Canada)
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The Criminal Code (Template:Langx) is a law of the Parliament of Canada that codifies most, but not all, criminal offencesTemplate:Efn and principles of criminal procedureTemplate:Efn in Canada. Its long title is An Act respecting the Criminal Law (French: Template:Lang). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46<ref>R.S.C. 1985, c. C-46, as amended.</ref> and it is sometimes abbreviated as Cr.C. (French: Template:Lang) in legal reports.<ref>Template:Cite web</ref>
Section 91(27) of the Constitution Act, 1867 establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. Additionally, with one major exception for treason<ref>Template:Cite web</ref> which has a statute of limitations of three years, there is no statute of limitations for the prosecution of indictable offences and such prosecutions may be commenced at any time. Summary offences, on the other hand, have a statute of limitations of 12 months.<ref>Template:Cite web</ref>
The Criminal Code divides the crimes it codifies into major categories, including crimes against public order, crimes involving firearms and weapons, crimes against the administration of law and justice, sexual offences, crimes against public morals, disorderly conduct, crimes against the privacy of communications, crimes involving disorderly houses, gaming, and betting, crimes against the person and reputation, crimes against property rights, crimes involving fraud, criminal mischief and criminal damage, crimes against currencies, and attempts, conspiracies, and accessories. A category concerning terrorism was added in 2001 with the Anti-terrorism Act and a category dealing with motor vehicle and "conveyance" crimes was added in 2018.
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,<ref>Template:Cite web</ref> the Controlled Drugs and Substances Act,<ref>Template:Cite web</ref> the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act, the Customs Act, and the Contraventions Act. The Code underwent a major revision in 1954, which came into force in April 1955, but nonetheless remains the fundamental criminal law of Canada, despite several initiatives at major reform or the enactment of a new criminal code entirely.<ref>Template:Cite web</ref><ref>Template:Cite web</ref><ref>Template:Cite web</ref><ref>Template:Cite web</ref> In 2018, and later 2019, the Trudeau government made a large revision to the Code which repealed numerous unconstitutional or archaic offences that had remained in it up to that point.<ref>Template:Cite web</ref>
One of the conveniences of the Criminal Code was that it constituted the principle that no person could be convicted of a crime unless otherwise specifically outlined and stated in a statute. This legal document has played a major part in Canada's history and has also helped form other legal acts and laws, for example, the Controlled Drugs and Substances Act.<ref>Template:Cite web</ref>
Structure
- 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 VIII.1 — Offences Relating to Conveyances
- Part IX — Offences Against Rights of Property
- 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(repealed) - 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 XVIII.1 — Case Management Judge
- Part XIX — Indictable Offences — Trial Without 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 XXII.01 — Remote Attendance by Certain Persons
- Part XXII.1 — Remediation Agreements
- Part XXIII — Sentencing
- Part XXIV — Dangerous Offenders and Long-term Offenders
- Part XXV — Effect and Enforcement of Undertakings, Release Orders and Recognizances
- Part XXVI — Extraordinary Remedies
- Part XXVII — Summary Convictions
- Part XXVIII — Miscellaneous
History and evolution
The Criminal Code stems from a long history of legal documents. The following documents play a part in the construction and changes brought on the Criminal Code:
| Act | In force | Highlights |
|---|---|---|
| The Criminal Code, 1892. S.C. 1892, c.29<ref>Template:Cite canlaw</ref> | July 1, 1893 | Sponsored by Minister of Justice Sir John Sparrow David Thompson, it was based on the "Stephen Code", written by Sir James Fitzjames Stephen for a Royal Commission in England in 1879, and subsequently modified by Canadian jurist George Burbidge to address the Canadian context. Its significant provisions included:
|
| An Act respecting Arrest, Trial and Imprisonment of Youthful Offenders, S.C. 1894, c. 58<ref>Template:Cite canlaw</ref> | July 23, 1894 | Provided for the separation of juvenile offenders from older persons and habitual criminals during arrest, confinement, trial and subsequent imprisonment, as well as integrating efforts with those of children's aid organizations being organized by the provinces. |
| The Juvenile Delinquents Act, 1908, S.C. 1908, c. 40<ref>Template:Cite canlaw</ref> | Implemented over time by specific proclamations, with respect to a specified province or a portion thereof.<ref>1908 Act, s. 36</ref> | The Juvenile Delinquents Act was designed to operate in a similar manner to the Probation of Offenders Act 1907 passed by the British Parliament in the previous year, as well as the juvenile delinquent provisions contained in the later Children Act 1908.
While the minimum age for those subject to the Act remained at seven years, the maximum age varied by province. By 1982, it was set at 16 in six provinces, 17 for British Columbia and Newfoundland, and 18 for Quebec and Manitoba.<ref>Template:Cite news</ref> |
| Criminal Code, S.C. 1953–54, c. 51<ref>Template:Cite canlaw</ref> | April 1, 1955<ref>Template:Cite canlaw</ref> | Reenactment of the Code, with modernization of provisions. It abolished all common law offences (other than for contempt of court), as well as any offences created by the British Parliament or in effect under an Act or ordinance in any place before becoming part of Canada.<ref>1953-54 Act, ss. 7Template:En dash8</ref> |
| Criminal Law Amendment Act, 1968–69, S.C. 1968–69, c. 38<ref>Template:Cite canlaw</ref> | Various, from July 1, 1969, to January 1, 1970 | An omnibus bill promoted by Pierre Elliott Trudeau, the Criminal Law Amendment Act, 1968–69 provided for decriminalizing homosexual acts between consenting adults, legalizing abortion, contraception and lotteries, restricting gun ownership, and authorizing breathalyzer tests on suspected drunk drivers. |
| Young Offenders Act, S.C. 1980-81-82-83, c. 110<ref>Template:Cite canlaw</ref> | April 2, 1984.<ref>Template:Cite canlaw</ref> | The Young Offenders Act raised the minimum age of criminal responsibility to 12 years, and standardized the maximum age to 16Template:En dash18 years (depending on the province), as well as setting limits on the length of sentence that could be imposed. |
| Anti-terrorism Act, S.C. 2001, c. 41<ref>Template:Cite canlaw</ref> | December 24, 2001 (principally)<ref>Template:Cite canlaw</ref> | Enacted in response to the terrorist attack against the World Trade Center in the September 11 attacks, the Anti-Terrorism Act, included 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. |
| Youth Criminal Justice Act, S.C. 2002, c. 1<ref>Template:Cite canlaw</ref> | April 1, 2003<ref>Template:Cite canlaw</ref> | The Youth Criminal Justice Act was passed to address concerns raised by the effects of the Young Offenders Act. |
| An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, S.C. 2018, c. 29<ref>Template:Cite canlaw</ref> | June 21, 2019 | Removed sections which were inoperative due to being ruled unconstitutional by the Supreme Court of Canada. Also removed numerous outdated and archaic offences such as blasphemy, fraudulent witchcraft, and challenging someone to a duel. Amended sections related to evidence in sexual assault cases. |