Criminal Code – General

The Criminal Code sets out many of the criminal laws in Canada. This piece of legislation sets out both the acts that are criminal offences as well as the procedures for prosecuting crimes.

Other pieces of legislation also set out criminal law, including:

• the Controlled Drugs and Substances Act
• the Youth Criminal Justice Act

The federal government is responsible for criminal laws, meaning it is the only government that can make and change laws about criminal offences.

Last Reviewed: June 2023

Yes, the provinces in Canada have an important role in criminal law. While the federal government has exclusive jurisdiction to enact criminal law, the provinces have the authority to administer the criminal law.

Each province has a provincial court system. The provincial governments appoint judges to and pay for these courts. These courts deal with most of the criminal prosecutions.

The provinces also have the power to pass laws dealing with quasi-criminal offences. These are less serious offences that can still lead to fines and even jail sentences.

Last Reviewed: June 2023

In Canada, a criminal act is seen as a crime against all of Canadian society. This is because we all have an interest in making sure the rule of law is upheld. Therefore, the victim of a crime is not responsible for charging the person who did wrong.

In Canada, the Crown (government) charges the accused. The Crown is represented by a lawyer called a Crown prosecutor, who is usually an employee of the province. The role of the Crown prosecutor is to present all the evidence in the case, even though this usually means the evidence is against the accused. The Crown prosecutor is not a lawyer for the victim. Their job is to discover the truth of what happened, on behalf of society, not simply prove one person is guilty.

Last Reviewed: June 2023

Crown prosecutors are lawyers who work for either the provincial or federal government. They represent the public interest in criminal proceedings. They do not work for the victim of the crime. The Crown prosecutor brings evidence before the judge (or judge and jury) to prove beyond a reasonable doubt that the accused is guilty of committing the crime. They make all decisions about how the case will go forward, including whether to continue the prosecution and making recommendations about what the sentence should be.

Last Reviewed: June 2023

Sometimes the police or the Crown prosecutor will decide not to lay charges against the person who committed a crime. This may be because:

• The police do not have reasonable grounds based on the evidence to believe the person committed the crime.
• The police do not think it is likely the evidence will lead to a conviction.
• The police did not properly investigate what happened.

If you are the victim of a crime, you can start a private prosecution at the courthouse against the person who caused harm. You must follow a specific process. Contact your local courthouse or police and court support advocate to learn more. Once you start a private prosecution, the Crown prosecutor will take over the case and choose whether to go ahead with prosecuting the accused.

Last Reviewed: June 2023

The victim’s role is to provide evidence in the case against the accused.

The criminal justice system recognizes wrongs as crimes against society. Even though the victim experienced the harm, the Crown prosecutor is in charge of the case. The decide if and what charges will be laid, and how to prosecute the accused, as well as make recommendations about sentencing. The Crown prosecutor will likely meet with the victim to get their evidence. They will also decide if the victim should be a witness. Sometimes the victim is the only witness to the crime. The victim can ask the Crown prosecutor to keep them informed of what happens throughout the case.

It is important to remember the Crown prosecutor is not the victim’s lawyer. They make all the decisions about the prosecution even if the victim does not agree or want something to happen.

Last Reviewed: June 2023

In Canada, an accused person is presumed to be innocent until proven guilty. This means the accused person does not have to prove they are innocent. The Crown, represented by the Crown prosecutor, is responsible for proving to the judge or jury that the accused is guilty of the crime.

The accused can defend themselves against the charges. They can cross-examine witnesses called by the Crown and call their own witnesses, including themselves.

Last Reviewed: June 2023

In Canada, a judge or jury must be convinced beyond a reasonable doubt that the accused is guilty of the crime. This is a very high standard of proof that protects the accused from wrongful convictions. If there is a reasonable doubt about the guilt of the accused, then they must not be convicted of the crime.

Last Reviewed: June 2023

No. In Canada, an accused can be charged in three different ways:

• indictable offences
• summary conviction offences
• hybrid offences

The type of offence determines the procedure to follow. Keep reading to learn more about each type of offence.

Last Reviewed: June 2023

Indictable offences are usually the most serious criminal offences, such as murder. The process for dealing with them is usually more lengthy and formal. It may involve a trial by a judge alone or by a judge and jury. There may be a hearing before the trial, called a preliminary inquiry. At this hearing, the Crown prosecutor presents the evidence against the accused and the judge decides if there is enough evidence to go to a trial.

Last Reviewed: June 2023

Summary conviction offences are less serious offences (such as mischief) with a simpler process. A person guilty of a summary conviction offence can be fined up to $5000, jailed for up to two years less a day, or both.

Last Reviewed: June 2023

Hybrid offences, which are the most common, are offences that may be handled as either indictable offences or summary conviction offences. It depends on the circumstances of each case. The Crown prosecutor has the power to decide which procedure to use.

Last Reviewed: June 2023

You can read the Criminal Code, and all other laws in Canada, online for free. It is foundational to our justice system that people know the laws so they can follow and access them.

Visit the Justice Laws Website to read the full text of the Criminal Code.

Last Reviewed: June 2023