Canadian Criminal Code: Everything You Need to Know

Canadian Criminal code

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

2.  Information

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

10. Undertaking

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

 

28.  Endorsement

29.  Endorsement

30.  Period of a remand order

31.  Witness deposition

32.  Recognizance Canada

33.  Certificate for default endorsed recognizance

34.  Fieri facias writ

35.  Conviction

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.

Citing Legislation

The basic components of this citing are given below with sequence:

  • The act name
  • Volume
  • Jurisdiction
  • Year
  • 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
  • Year
  • Abbreviated name of Court
  • Number

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.

Summary conviction

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.

Indictable offenses

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.

Hybrid offenses

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.

Last Notes

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.

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