The moon will be incomplete if there is no sun in the sky. Likewise, we cannot value the good if there is no bad in society. But we cannot let the bad thing lead society! Every nation upholds its laws and regulations to control the bad deeds in society.
Some bad deeds need federal steps to eliminate or control, and some can be solved via counseling or through social awareness. Canadian Criminal Code is such an example of a federal step to control the criminal acts in Canada.
Criminal Code of Canada
The Canadian Criminal Code indicates the federal statute. The official title of this code is ‘The Act respecting the Criminal Law.’ The Parliament initiates this code in 1867 under the Constitution Act. Based on the crime level, the punishment degree will be held under this law.
The code refers to defenses of which most are related to common law than statute. But some criminal laws remain under distinct acts according to their characteristics, such as Food and Drug Acts, Firearms Act, Contravention Act, and many more.
Criminal Code Forms
There are around 54 criminal code forms with subsections in Canada. Each of them is based on particular facts, such as:
|1. Information for a search warrant
3. Heading of indictment
4. Warrant to search
5. Preservation demand
6. Summons of the person who charged for an offense
7. Warrant for arrest
8. Warrant for committal Canada
9. Appearance notice Canada
11. Release order Canada
12. Surety declaration
13. Appellant undertaking- defendant
14. Appellant undertaking- prosecutor
15. Convey accused warrant before justice
16. Witness subpoena
17. Witness warrant
18. Warranty for arresting the absconding witness
19. Prisoner remanding warrant
20. Committal witness warranty
21. Committal on a conviction warrant
22. Money payment warrant
23. Recognizance to keep the peace warrant
24. Witness enter into recognizance warrant
25. Contempt committal warrant
26. Warrant for default payment in appeal cost
27. Recognizance fortifier
30. Period of a remand order
31. Witness deposition
32. Recognizance Canada
33. Certificate for default endorsed recognizance
34. Fieri facias writ
36. Order against offender
37. Order acquitting accused
38. Conviction contempt
39. Order for discharge in custody
40. Array challenge
41. Cause challenge
42. Certificate for nonpayment appeal cost
43. Jailer’s receipt
44. Fingerprint related
45. Fingerprint related
46. Probation order
47. Income tax disclose order
48. Court assessment order
49. Detention disposing warrant
50. Placement decision warrant
51. Samples obligation notices
52. Sex offender registration act complying order
53. Notice for obligation
54. Obligation to comply with the act
How to Cite the Criminal Code of Canada
There are two particular ways while citing the criminal code of Canada; citing legislation and court cases.
The basic components of this citing are given below with sequence:
- The act name
- Chapter number
Citing Court Cases
According to McGill Guide, the basic components citing court cases are given below with sequence. Remember: the citing should be neutral.
- Parties’ name
- Abbreviated name of Court
The Statute of Limitations in Canada
Usually, Canadian criminal law doesn’t have any statute of limitation that people guess it only. The police are not bound to any legislation while charging anyone for offenses, even after a long time. But the exception happens.
For example, based on section 786 (2), there can be a limitation in initiating the summary conviction if the alleged offense’s age turns more than 12 months. You may find various summary convictions in other legislation that define the period limitation, such as the Provincial Offences Procedure Acts of Alberta limiting the time within 6 months.
In terms of criminal offenses, the prosecution process has two avenues; summary conviction and indictment. According to the limitation period, police cannot charge the person with any offense only through summary proceed for 12 months or more after the offense occurred. In this case, understanding the summary of offenses is important.
Canada categorized the offenses into three types: summary conviction, indictable, and hybrid.
This kind of offense is not that serious and is usually resolved very often. Summarily, offenses are prosecuted, and through judge trial, there would be no jury. The maximum sentence for this type is a $5000 fine as well as the jail lasts less than 2 years. Examples of the offenses that go under summary conviction can be disturbance cause, weapon carrying publicly, and public nudity.
Offenses that are found solely indictable and mostly serious can be categorized under this section. Crimes like murder, kidnapping, or illegal substance trafficking are under indictable offenses.
The punishment level is severe, including life imprisonment. These offenses are tried by a judge or by a judge and jury together. Limitation periods are not applicable to this. If guilty is found even after a decade, the criminal will be bound to punishment.
Based on the prosecution’s choice, both summary conviction and indictment are applicable at this level. The result of the assessment clarify the pattern mainly.
If the crime was serious, caused damage or physical harm, the prosecution may elect an indictable offense. If the crime was trivial, a summary conviction might be chosen.
According to history, the majority of summary conviction offenses are higher than indictable offenses. Examples of this kind of offense are driving wrongly, theft, or drug smuggling.
Complexity arises when police charge somebody for a hybrid offense after 12 months of the crime. The prosecution may elect the indictment to avoid a limitation period unless the defendant consents to it.
The criminal code amendments are updated yearly according to the technological or economic situation of the country. New offenses are also enlisted, such as telecommunication theft, credit card hacker, aircraft hijacking, and many more.
Changes in punishment can also be made in terms of sexual assaults or impaired driving. So, don’t worry if you feel anything wrong or illegal happened to you, which is uncommon. Feel free to consult a lawyer.