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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 ...
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 ...
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).
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 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.
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 ...
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 ...
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 ...