Search for "criminal law"

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Article

Organized Crime in Canada

Organized crime is defined in the Criminal Code as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).

Article

Elizabeth Fry Society

The Elizabeth Fry Society is a not-for-profit social service agency that provides support for women and girls involved in the Canadian justice system. The Society provides a range of services to women who are criminalized and to women who are at risk of being criminalized. It works to reduce the impact of criminalization, to provide equal opportunities for women in the justice system and to empower marginalized women.

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Torts in Canada

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.

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Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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Capital Punishment in Canada

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

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Judiciary in Canada

The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.

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The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

timeline event

New Impaired Driving Laws Come into Effect

Following the revision of drug-impaired driving laws earlier in the year, the Criminal Code was updated with comparable alcohol-impaired driving laws. The new laws, which are similar to ones in Germany, France, Ireland and Denmark, allow police to administer breathalyzer tests at their discretion, rather than requiring reasonable suspicion of impairment. They also increase the penalties for alcohol-impaired driving offences, including mandatory minimum fines and prison sentences. 

Article

Jody Wilson-Raybould

Jody Wilson-Raybould (“Puglaas” or “woman born of noble people” or “woman with integrity” in Kwak’wala), politician, lawyer (born 23 March 1971 in Vancouver, BC). Jody Wilson-Raybould is the independent MP for Vancouver Granville. She was federal minister of justice, attorney general and minister of veterans affairs in the government of Liberal Prime Minister Justin Trudeau. Prior to her career in federal politics, she was a BC crown prosecutor, regional chief of the Assembly of First Nations, and member of the BC Treaty Commission. As Canada’s first Indigenous justice minister, Wilson-Raybould introduced groundbreaking legislation, including Bill C-14 on medically assisted dying, C-16 on gender identity and human rights, and C-45, The Cannabis Act. She has helped to build bridges between First Nations communities and the Canadian government and is committed to helping Indigenous peoples seek self-government and gain equality in education, health care and legal rights.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

timeline event

Federal Government Cracks Down on Conversion Therapy

The federal government called on all provinces and territories to ban what it called the “shameful” and “cruel” practice of conversion therapy. The practice aims to convert people from homosexuality to heterosexuality through a combination of religious and psychological counselling. A statement issued by the government also noted that the therapy “has no scientific basis” and “can lead to life-long trauma… [W]e are actively examining potential Criminal Code reforms to better prevent, punish, and deter this discredited and dangerous practice.” 

Article

Maggie Vail Murder Case

In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.

Article

Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Suicide in Canada

This article contains sensitive material that may not be suitable for all audiences.

Suicide is the act of taking one’s own life voluntarily and intentionally. Suicide was decriminalized in Canada in 1972, while physician-assisted suicide was decriminalized in 2015. Suicide is among the leading causes of death in Canada, particularly among men. On average, approximately 4,000 Canadians commit suicide every year, and there are about 11 suicides per 100,000 people in Canada. This rate is higher for men and among Indigenous communities. Suicide is usually the result of a combination of factors, including addiction and mental illness (especially depression), physical deterioration, financial difficulties, marriage breakdown and lack of social and medical support.

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