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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 Code ...
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 several other peripheral statutes.
15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section. 16. Generally all Matters of a merely local or private Nature in the Province.
Volumes of the Statutes of Canada at a law library. The Statutes of Canada (SC) compiles, by year, all the laws passed by the Parliament of Canada since Confederation in 1867. They are organized by alphabetical order and are updated and amended by the Government of Canada from time to time.
The definition of "true penal consequence" has been a matter or regular debate in the Canadian courts, and remains unclear in many contexts. In civil forfeiture proceedings, for example, courts have found that " taking a person’s property away from that person has a punitive component ," and various defendants have argued that the rights of ...
There are a number of aggravating factors a judge is required to consider both at common law and by statute. Common-law factors include whether or not the victim was a vulnerable victim (children, taxi drivers, late-night clerks, etc.). General statutory aggravating factors are found in section 718.2 of the Criminal Code. [10] They are:
Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain information on certain financial ...
Burns, [8] the Supreme Court declined to decide whether capital punishment would classify in Canadian law as a cruel and unusual punishment and therefore a direct violation of section 12. They did, however, state that execution certainly "engages the underlying values of the prohibition against cruel and unusual punishment," noting its ...