Criminal
One federal Criminal Code, prosecuted mostly by the provinces
Criminal law is exclusively federal, so the Criminal Code applies identically across the country — an unusual feature for a federation, and the opposite of the United States. Administration of justice is provincial, so provincial Crown attorneys conduct most prosecutions while the Public Prosecution Service of Canada handles drug, terrorism and regulatory offences. Charter sections 7 to 14 supply the procedural protections.
Key rules
- Jurisdiction — Substantive criminal law is federal; prosecution and courts are administered provincially
- Deadline — Bail hearing: within 24 hours of arrest, or as soon as practicable
- Deadline — Jordan ceilings: 18 months in provincial court and 30 months in superior court to trial
- Deadline — Summary conviction offences: charge laid within 12 months of the offence
Governing law
- Criminal Code, RSC 1985, c. C-46
- Controlled Drugs and Substances Act, SC 1996, c. 19
- Youth Criminal Justice Act, SC 2002, c. 1
- Canada Evidence Act, RSC 1985, c. C-5
In practice
R v Jordan turned the section 11(b) right to trial within a reasonable time into presumptive numerical ceilings, and a breach means a stay of proceedings rather than a lesser remedy, which has reshaped how Crown offices manage their dockets. An accused facing five years or more has a constitutional right to a jury under section 11(f), and for most indictable offences may elect trial by judge alone, judge and jury, or provincial court.