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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.
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 ...
Finally, ignorance of the law is not a defence. Section 19 of the Criminal Code specifically prohibits this defence. However, in rare cases, ignorance of a law other than the one under which the accused is charged can be a defence if knowledge of that law is a relevant circumstance required to be proved as part of the actus reus and/or mens rea.
The Safe Streets and Communities Act (French: Loi sur la sécurité des rues et des communautés) is an act passed by the 41st Canadian Parliament 154–129 on March 12, 2012. When Parliament re-convened in September 2011, the Minister of Justice introduced the Safe Streets and Communities Act, an omnibus bill of nine separate measures.
R v Kouri 2005 SCC 81 (CanLII), was a decision of the Supreme Court of Canada that, along with its sister case R v Labaye, established that harm is the sole defining element of indecency in Canadian criminal law.
Before the Supreme Court's decision in Zora, Canadian law was not consistent as to whether breach of bail conditions required subjective or objective mens rea. Courts in some provinces adopted one standard, while those in other provinces came to the opposite conclusion. [ 10 ]
The Act implements Canada's obligations under the Rome Statute of the International Criminal Court. In passing the Crimes Against Humanity and War Crimes Act on 24 June 2000 and having royal assent given on 29 June 2000, Canada became the first country in the world to incorporate the obligations of the Rome Statute into its domestic laws. [ 2 ]
R v Seaboyer, [1991] 2 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court struck-down a rape-shield provision of the Criminal Code as it violated the right to "full answer and defence" under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The case was decided with R v Gayme.
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