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The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include 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 .
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...
The issues relating to prohibitions and penalties can be approached separately, as noted by Laskin C.J. in Attorney General of Canada v. Canadian National Transportation, Ltd.: It is certainly open to the Parliament of Canada, in legislating in relation to s. 91(27), to take a disjunctive view of the very wide criminal law power which it possesses.
In Canada, child pornography is illegal under Section 163.1 of the Criminal Code and is punishable by up to ten or fourteen years of imprisonment depending on the offence. The Supreme Court of Canada has found child pornography, including the simple possession of child pornography, to not be protected by the Canadian Charter of Rights and Freedoms.
CanLII offers free public access to over 2.4 million documents [2] across more than 300 case law and legislative databases. [3] The official websites of provincial governments, which provide access to primary legislative documents, are linked to CANLII online. [4]
The Criminal Code, [1] along with the Supreme Court of Canada, [2] [3] have distinguished the treatment of Indigenous individuals within the Canadian Criminal Sentencing Regime. In sentencing, when an individual is found guilty of a criminal offence, a Canadian judge must consider the relevant provisions of the Criminal Code as well as relevant ...
Butler judgment. The obscenity laws were challenged as violative of freedom of expression in R. v Butler. Obscenity is defined as follows under the Criminal Code: "the undue exploitation of sex or of sex and one or more of the following subjects; namely, crime, horror, cruelty and violence." The court held that the term “undue” should be ...
An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (French: Loi modifiant le Code criminel (infractions relatives aux moyens de transport) et apportant des modifications corrélatives à d’autres lois), also known as Bill C-46, is an act of the Parliament of Canada that was introduced in the House of Commons by Minister of ...