Criminal Law in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Overview

Criminal law in Canada is exclusively a federal jurisdiction under s. 91(27) of the Constitution Act, 1867, which grants Parliament authority over “the Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.” Parliament has exercised this power primarily through the Criminal Code, RSC 1985, c C-46, a comprehensive statute that codifies offences, defences, procedures, and sentencing. The Criminal Code occupies the field: there is no common law of criminal offences in Canada (Frey v. Fedoruk [1950] SCR 517). Parliament has also enacted regulatory criminal statutes under its peace, order, and good government power and other heads of jurisdiction, including the Controlled Drugs and Substances Act, SC 1996, c 19, and the Youth Criminal Justice Act, SC 2002, c 1.

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Criminal Law in Canada

Overview