The Canadian Criminal Code (formal title An Act respecting the Criminal Law) is the codification of most of the criminal offenses and procedure in Canada. Section 91(27) of the Canadian constitution establishes criminal law as under the juristiction of the federal Parliament. The Criminal Code also contains some defenses, but most are part of the common law. It should be noted that the Canadian Criminal Code is not a code in the civil law meaning of the term, because it does present principles in any logical way. Other important Canadian criminal laws are the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Youth Criminal Justice Act and the Contraventions Act.
History
It was first enacted in 1892. It was based on a drafted code called "the Stephen Code", written by the Sir James Stephens as part of a Royal Commission in England in 1879.
Amendments
The code has been revised numerous times including 1955 and 1985.
By means of Charter Challenges, numerous sections of the code have been struck down as infringing on a constitutional right as defined in the Canadian Charter of Rights and Freedoms. Though they are still present in the code, these provisions have no force and effect. Among such laws include the criminalization of abortion, struck down in 1988 in the case of Morgentaler et. al. v. Her Majesty The Queen.
Section 449 of the CriminalCode provides that anyone who makes or begins to make counterfeit money is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 14 years.
Section 462(1) of the CriminalCode states that anything used or intended to be used to make counterfeit money belongs to Her Majesty.
To avoid the risk of potential criminal and civil consequences, the Bank's written permission for the reproduction of bank note images must be obtained before the image is reproduced.
It should be noted that the Canadian CriminalCode is not a code in the civil law meaning of the term, because it does present principles in any logical way.
It was based on a drafted code called "the Stephen Code", written by Sir James Stephens as part of a Royal Commission in England in 1879, and influenced by the writings of Canadian Jurist George Burbidge.
By means of Charter Challenges, numerous sections of the code have been struck down as infringing on a constitutional right as defined in the Canadian Charter of Rights and Freedoms.
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