Canadian Criminal Code

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 juristiction of the federal Parliament. The Criminal Code also contains some defences, but most are part of the common law. It should be noted that the Canadian Criminal Code is not a code in the civil law meaning of the term, because it does present principles in any logical way. 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 as infringing on a constitutional right as defined in the Canadian Charter of Rights and Freedoms. Though they are still present in the code, these provisions have no force and effect. Among such laws include the criminalization of abortion, which was struck down in 1988 in the case of R. v. Morgentaler.

Related Laws

Youth offenders are covered under the Criminal Code, as well as the Young Offenders Act.

External links

• Criminal code (Department of Justice, Canada)