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| Criminal Code | |
|---|---|
 | |
| Parliament of Canada | |
| |
| Citation | R.S.C 1985, c. C-46 |
| Enacted by | Parliament of Canada |
| Enacted | First enacted: SC 1892, c. 29; carried forward in statute revisions, RSC 1906, c. 146 and RSC 1927, c. 36; substantially revised and re-enacted, SC 1953-54, c. 51; carried forward in statute revisions, RSC 1970, c. C-34 and RSC 1985, c. C-46 |
| Assented to | July 9, 1892 |
| Commenced | July 1, 1893 |
TheCriminal Code (French:Code criminel) is a law of theParliament of Canada thatcodifies most, but not all,criminal offences[a] and principles of criminal procedure[b] inCanada. Its long title isAn Act respecting the Criminal Law (French:Loi concernant le droit criminel). It is indexed in theRevised Statutes of Canada, 1985 as chapter number C-46[1] and it is sometimes abbreviated asCr.C. (French:C.Cr.) in legal reports.[2]
Section 91(27) of theConstitution Act, 1867 establishes that theParliament of Canada has sole jurisdiction overcriminal law. Accordingly, theCriminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under theCriminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. Additionally, with one major exception for treason[3] which has a statute of limitations of three years, there is nostatute of limitations for the prosecution ofindictable offences and such prosecutions may be commenced at any time.Summary offences, on the other hand, have a statute of limitations of 12 months.[4]
TheCriminal Code divides the crimes it codifies into major categories, including crimes against public order, crimes involving firearms and weapons, crimes against the administration of law and justice, sexual offences, crimes against public morals, disorderly conduct, crimes against the privacy of communications, crimes involving disorderly houses, gaming, and betting, crimes against the person and reputation, crimes against property rights, crimes involving fraud, criminal mischief and criminal damage, crimes against currencies, and attempts, conspiracies, and accessories. A category concerning terrorism was added in 2001 with theAnti-terrorism Act and a category dealing with motor vehicle and "conveyance" crimes was added in 2018.
TheCriminal Code contains some defences, but most are part of thecommon law rather thanstatute. Important Canadian criminal laws not forming part of the Code include theFirearms Act,[5] theControlled Drugs and Substances Act,[6] theCanada Evidence Act, theFood and Drugs Act, theYouth Criminal Justice Act, theCustoms Act, and theContraventions Act. The Code underwent a major revision in 1954, which came into force in April 1955, but nonetheless remains the fundamental criminal law of Canada, despite several initiatives at major reform or the enactment of a new criminal code entirely.[7][8][9][10] In 2018, and later 2019, theTrudeau government made a large revision to the Code which repealed numerous unconstitutional or archaic offences that had remained in it up to that point.[11]
One of the conveniences of theCriminal Code was that it constituted the principle that no person could be convicted of a crime unless otherwise specifically outlined and stated in a statute. This legal document has played a major part in Canada's history and has also helped form other legal acts and laws, for example, theControlled Drugs and Substances Act.[12]
TheCriminal Code stems from a long history of legal documents. The following documents play a part in the construction and changes brought on theCriminal Code:
| Act | In force | Highlights |
|---|---|---|
| The Criminal Code, 1892.S.C. 1892, c.29[13] | July 1, 1893 | Sponsored byMinister of JusticeSir John Sparrow David Thompson, it was based on the "Stephen Code", written by SirJames Fitzjames Stephen for a Royal Commission inEngland in 1879, and subsequently modified by Canadian juristGeorge Burbidge to address the Canadian context. Its significant provisions included:
|
| An Act respecting Arrest, Trial and Imprisonment of Youthful Offenders, S.C. 1894, c. 58[16] | July 23, 1894 | Provided for the separation of juvenile offenders from older persons and habitual criminals during arrest, confinement, trial and subsequent imprisonment, as well as integrating efforts with those ofchildren's aid organizations being organized by the provinces. |
| The Juvenile Delinquents Act, 1908, S.C. 1908, c. 40[17] | Implemented over time by specific proclamations, with respect to a specified province or a portion thereof.[18] | TheJuvenile Delinquents Act was designed to operate in a similar manner to theProbation of Offenders Act 1907 passed by theBritish Parliament in the previous year, as well as the juvenile delinquent provisions contained in the laterChildren Act 1908. While the minimum age for those subject to the Act remained at seven years, the maximum age varied by province. By 1982, it was set at 16 in six provinces, 17 for British Columbia and Newfoundland, and 18 for Quebec and Manitoba.[19] |
| Criminal Code, S.C. 1953–54, c. 51[20] | April 1, 1955[21] | Reenactment of the Code, with modernization of provisions. It abolished allcommon law offences (other than forcontempt of court), as well as any offences created by the British Parliament or in effect under an Act or ordinance in any place before becoming part of Canada.[22] |
| Criminal Law Amendment Act, 1968–69, S.C. 1968–69, c. 38[23] | Various, from July 1, 1969, to January 1, 1970 | An omnibus bill promoted byPierre Elliott Trudeau, theCriminal Law Amendment Act, 1968–69 provided for decriminalizinghomosexual acts between consenting adults, legalizingabortion,contraception andlotteries, restrictinggun ownership, and authorizingbreathalyzer tests on suspected drunk drivers. |
| Young Offenders Act, S.C. 1980-81-82-83, c. 110[24] | April 2, 1984.[25] | TheYoung Offenders Act raised the minimum age of criminal responsibility to 12 years, and standardized the maximum age to 16–18 years (depending on the province), as well as setting limits on the length of sentence that could be imposed. |
| Anti-terrorism Act, S.C. 2001, c. 41[26] | December 24, 2001 (principally)[27] | Enacted in response to the terrorist attack against theWorld Trade Center in theSeptember 11 attacks, theAnti-Terrorism Act, included provisions regarding the financing of terrorism, the establishment of a list of terrorist entities, the freezing of property, the forfeiture of property, and participating, facilitating, instructing and harbouring of terrorism. |
| Youth Criminal Justice Act, S.C. 2002, c. 1[28] | April 1, 2003[29] | TheYouth Criminal Justice Act was passed to address concerns raised by the effects of theYoung Offenders Act. |
| An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, S.C. 2018, c. 29[30] | June 21, 2019 | Removed sections which were inoperative due to being ruled unconstitutional by theSupreme Court of Canada. Also removed numerous outdated and archaic offences such as blasphemy, fraudulent witchcraft, and challenging someone to a duel. Amended sections related to evidence in sexual assault cases. |