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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 ...
When entrapment is successfully established, the proceedings are deemed to be an "abuse of process" for which the remedy is a stay of proceedings. Cases of abuse of process arise in certain other circumstances, and they can also can involve Charter breaches, and there is significant overlap. Finally, ignorance of the law is not a defence.
Such interests have been extended to include matters such as the environment, as noted in R. v. Hydro-Québec.. In addition, the power has been held to extend to the regulation of dangerous products, as noted in Reference re Firearms Act (control of firearms and licensing of owners) and RJR-MacDonald Inc. v. Canada (Attorney General) (control of tobacco products).
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 ...
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.
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 ...
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 ...
The Youth Criminal Justice Act (YCJA; French: Loi sur le système de justice pénale pour les adolescents) is a federal Canadian statute that covers the prosecution of youths for criminal offences. Coming into effect on April 1, 2003, the Act replaced the Young Offenders Act, which itself was a replacement for the Juvenile Delinquents Act.