Canadian Criminal Code
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The Canadian Criminal Code (formal title An Act respecting the Criminal Law) is the codification of most of the criminal offences and procedure in Canada. Section 91(27) of the Canadian constitution establishes criminal law as under the jurisdiction of the federal Parliament. The Criminal Code also contains some defences, but most are part of the common law. Other important Canadian criminal laws are 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.
History
It was first enacted in 1892. 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.Amendments
The code has been revised numerous times including 1955 and 1985.By means of Charter Challenges, numerous sections of the code have been struck down by the Supreme Court of Canada as infringing on a constitutional right as defined in the Canadian Charter of Rights and Freedoms. The offending sections are usually removed altogether, or heavily qualified, when new laws are passed. For example, much of the language that originally banned abortion in Canada remains, but is now qualified by new text that gives an exemption for qualified abortionists.
Related Laws
Youth offenders are covered under the Criminal Code, as well as the Youth Criminal Justice Act.See also
- Bill C-250 - Act to amend the Criminal Code (hate propaganda)
External links
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