The Criminal Code of Canada
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About the Criminal Code of Canada
The Criminal Code of Canada is the law that defines most crimes in the country. It is a federal law, meaning it applies across Canada, and it was created by Parliament under its power to make rules about criminal offences. The Code sets out what actions are considered crimes, what punishments can be given, and how criminal trials are conducted.
While most criminal laws are found in the Criminal Code, some are in other federal laws, like the Controlled Drugs and Substances Act. The Criminal Code is important because it makes sure everyone in Canada is treated fairly under the same rules, no matter where they live. It’s the backbone of Canada’s justice system.
The Criminal Code is divided into 28 parts, starting with Part 1, which includes general rules, such as situations where someone may not be guilty of an offence, like defending themselves or their property. It ends with Part 28, which contains miscellaneous details about forms and electronic documents that are rarely important for most people.
General (Part I)
This part covers fundamental concepts, including who can be held responsible for crimes (parties to offences) and general defences like self-defence and defence of property. It also includes protections for those enforcing the law and rules for handling riots.
Offences Against Public Order (Part II)
Focuses on crimes like treason, sedition, unlawful assemblies, and piracy. It also covers public safety offences, including those involving riots, dangerous materials, and duels.
Terrorism (Part II.1)
Addresses terrorism-related offences such as financing terrorism, participating in terrorist activities, and procedures for freezing or forfeiting property tied to terrorism.
Firearms and Other Weapons (Part III)
This part deals with the regulation, use, possession, trafficking, and forfeiture of firearms and other weapons. It also includes offences for modifying weapons and related search and seizure procedures.
Offences Against the Administration of Law and Justice (Part IV)
Covers crimes like perjury, bribery, escape from custody, and obstructing justice. These offences undermine the functioning of the legal system.
Sexual Offences, Public Morals, and Disorderly Conduct (Part V)
Includes sexual offences, laws against child exploitation, and public morality crimes like obscenity and prostitution. It also addresses public nuisances.
Invasion of Privacy (Part VI)
Focuses on privacy protections, particularly around the interception of communications without consent.
Disorderly Houses, Gaming, and Betting (Part VII)
Covers offences related to illegal gambling, betting, and operating disorderly houses, as well as sexual services for consideration.
Offences Against the Person and Reputation (Part VIII)
Addresses serious crimes like murder, assault, kidnapping, and trafficking in persons. It also includes hate propaganda, medical assistance in dying, and abortion regulations.
Offences Relating to Conveyances (Part VIII.1)
Deals with impaired driving and other offences involving vehicles, boats, and aircraft. It includes investigative and evidentiary procedures for such offences.
Offences Against Rights of Property (Part IX)
Focuses on theft, robbery, extortion, fraud, and related offences like forgery and possession of stolen property.
Fraudulent Transactions Relating to Contracts and Trade (Part X)
Addresses fraud in business dealings, including falsifying documents, identity theft, and secret commissions.
Wilful and Forbidden Acts in Respect of Certain Property (Part XI)
Covers property crimes like mischief, arson, and cruelty to animals.
Offences Relating to Currency (Part XII)
Deals with counterfeiting and related crimes involving money and tokens of value.
Proceeds of Crime (Part XII.2)
Focuses on offences involving the laundering and handling of proceeds of crime, including search, seizure, and forfeiture provisions.
Attempts, Conspiracies, and Accessories (Part XIII)
Covers incomplete offences like attempts and conspiracies, as well as aiding and abetting criminal activity.
Jurisdiction (Part XIV)
Defines the jurisdiction of courts over criminal matters and the rules for applying the law across regions.
Special Procedure and Powers (Part XV)
Details specific powers of law enforcement and the courts, including DNA collection, warrants, and sex offender registration.
Compelling Appearance of Accused and Interim Release (Part XVI)
Outlines rules for arrest, bail, and ensuring accused persons appear in court.
Language of Accused (Part XVII)
Protects the right of an accused person to use their preferred official language in legal proceedings.
Procedure on Preliminary Inquiry (Part XVIII)
Covers the process for determining whether there is enough evidence to proceed to trial for indictable offences.
Case Management Judge (Part XVIII.1)
Introduces procedures for appointing a judge to manage complex cases.
Indictable Offences—Trial Without Jury (Part XIX)
Details the procedures for non-jury trials for serious offences.
Nunavut Court of Justice (Part XIX.1)
Sets out unique rules for handling cases in Nunavut’s unified court system.
Procedure in Jury Trials and General Provisions (Part XX)
Covers how jury trials are conducted, from jury selection to verdicts and evidence rules.
Mental Disorder (Part XX.1)
Defines procedures for cases involving mental disorders, including fitness to stand trial and verdicts of not criminally responsible.
Appeals—Indictable Offences (Part XXI)
Outlines the appeal process for serious criminal cases, including appeals to the Supreme Court of Canada.
Applications for Ministerial Review—Miscarriages of Justice (Part XXI.1)
Provides a process for reviewing potential wrongful convictions.
Procuring and Remote Attendance (Parts XXII and XXII.01)
Rules for securing witness attendance and evidence, including the use of video and audio recordings. Procedures for remote participation in court by participants.
Remediation Agreements (Part XXII.1)
Covers deferred prosecution agreements for businesses accused of criminal offences.
Sentencing (Part XXIII)
Outlines sentencing principles, probation, fines, and restitution, as well as parole eligibility and life sentences.
Dangerous Offenders and Long-term Offenders (Part XXIV)
Defines criteria and procedures for designating offenders as dangerous or long-term risks to the public.
Effect and Enforcement of Undertakings (Part XXV)
Covers the legal impact and enforcement of promises made by accused persons, such as bail conditions.
Extraordinary Remedies (Part XXVI)
Addresses rare legal remedies like habeas corpus and mandamus.
Summary Convictions (Part XXVII)
Details procedures and penalties for less serious offences handled in summary conviction court.
Miscellaneous (Part XXVIII)
Covers administrative details like electronic documents and legal forms, which are rarely relevant to most people.