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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 ...
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 Freedo
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.
The right to a jury is protected by section 11(f). The Supreme Court considered this right in R. v. Pan; R. v. Sawyer (2001), which saw a challenge to the constitutionality of section 649 of the Criminal Code, which prohibited the use of evidence regarding the deliberation
The Canadian Legal Information Institute (CanLII; French: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies.
R v Brown, 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the Criminal Code, which prohibited an accused from raising self-induced intoxication as a defence to criminal charges.
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or ...