NCJ Number
86132
Date Published
1981
Length
21 pages
Annotation
This overview of Canada's criminal justice system considers substantive criminal law, criminal law, criminal procedure, and the execution of penal measures (corrections).
Abstract
A section with general information provides a descriptive outline of Canada's legal system and reviews criminality in Canada over the last 50-100 years, the scope of criminal law, and the structure and functioning of law enforcement agencies. The section on substantive criminal law notes that under general principles of responsibility, no person shall be convicted of an offense at common law and further that corporations hold the same status as a natural person for the purposes of criminal prosecution for any act the corporation is capable of doing. Other sections of the criminal code discussed cover the powers of arrest, martial law, grades of criminal offenses, the age of criminal responsibility, the mental element of an offense, provocation, and conspiracy. Types of defense allowed under the criminal code are also indicated, along with types of sentences and the sentencing process. The phases of criminal proceedings are identified in the section on criminal procedure, followed by an outline of the rights of the accused, pretrial detention, special modes of criminal proceedings, law participation in criminal proceedings, and special procedures for juveniles. The implementation of custodial and noncustodial measures are considered in the concluding section on corrections, along with the use of the death penalty (abolished in 1976).