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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 .
Perka v The Queen (1984) provides a summary on the nature, basis and limitations on the defence of necessity: (1) the defence of necessity could be conceptualized as either a justification or an excuse; (2) it should be recognized in Canada as an excuse, operating by virtue of s. 7(3) of the Criminal Code; (3) necessity as an excuse implies no ...
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (French: Loi modifiant le Code criminel, la Loi sur le système de justice pénale pour les adolescents et d’autres lois et apportant des modifications corrélatives à certaines lois) is a statute passed by the Parliament of Canada.
Section 718 of the Criminal Code sets out the purposes of sentencing [6] and acts to protect society and to contribute, along with crime prevention initiatives, respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that include one or more of a codified list of sentencing objectives, [7] as follows:
The Protecting Young Persons from Exposure to Pornography Act (French: Loi sur la protection des jeunes contre l’exposition à la pornographie), commonly known as Bill S-210, and formerly as Bill S-203, [10] is a Senate public bill introduced by Senator Julie Miville-Dechêne in the 44th Canadian Parliament.
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 ...
Section 159 of the Criminal Code set the age of consent for anal intercourse at 18 for non-married couples. In June 2019, Bill C-75 passed both houses of the Parliament of Canada and received royal assent, repealing section 159 and making the age of consent equal at 16 for all types of intercourse. [6]
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 ...