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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 ...
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 Code underwent a major revision in 1954 but nonetheless remains the fundamental criminal law of Canada ...
Prior to Confederation in 1867, the individual colonies each had the authority to enact local laws relating to bail. After 1867, the Parliament of Canada acquired exclusive jurisdiction over the criminal law, [2] including the law of bail. The first major federal legislation with respect to bail was included in the criminal legislation package ...
The Act amended Section 153 of the Criminal Code to additionally prohibit the sexual touching of a person under the age of 18 if they are "in a relationship with a young person that is exploitative of the young person", increased various penalties related to child abuse, made voyeurism an offence, and expands the definition of child pornography ...
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
A province can attach criminal penalties to valid provincial laws. Consequently, there is frequent debate over whether a provincial law is intruding upon the federal criminal law power. Where the province enacts a regulatory scheme that contains penalties, and that concerns matters normally within its jurisdiction, the law is typically upheld.
This prohibits criminal liability from arising from an ex post facto law. In the 1991 case of R. v. Furtney, the Supreme Court explained that this section does not prescribe the details of how the existence of the offence is to be made known, especially given its reference to international law, which inherently defies domestic codification. [6]
R v Sharpe, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada.The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some ...