If you are interested in learning more about Criminal law in Canada, you have come to the right place. Here you will find information about common law, sections 7 to 14 of the Canadian Criminal Code, and the police powers of the Canadian government.
- Sections 7 to 14 of the Canadian Criminal Code
The Canadian Criminal Code contains a number of legislative provisions. Sections 7 to 14 include the most significant ones. They are relevant in that they are designed to address nuisance-related problems.
This is not restricted to control of actual disturbances or nuisances, but also involves measures to mitigate the effect of street solicitation.
Although the Canadian Criminal Code is certainly a well-crafted piece of legislation, it does have its flaws. One of the most notable is its omission of property rights. Nonetheless, there are a number of ways to protect against unlawful or unfair search and seizure. Similarly, it is important to note that the best a law enforcement official can do is to make reasonable efforts to minimize the impact of an errant search or seizure.
- Common Law
Criminal law and common law in Canada are two different systems. Each system is based on a legal tradition. Common law was created in England and is still in use today. The federal government in the United States has a similar system but is not always based on common law.
Canadian criminal law was developed in response to changes in societal values and technology. The law includes many concepts from English common law. Specifically, it provides a mechanism to reaffirm values in Canadian society.
English common law was a major influence on the development of Canadian law. It still applies in several provinces in Canada.
- Police Power
The Criminal Code provides police with a variety of powers to investigate crimes and enforce the law. In some cases, the use of deadly force is permitted. However, police must be careful to follow the law and ensure that their actions are consistent with individual rights.
For example, the Supreme Court of Canada has ruled that electronic surveillance is a search. This has had a significant impact on the Criminal Code’s provisions regarding electronic surveillance.
Similarly, the ability to prevent a breach of the peace is an important police duty. But, as with all other aspects of the law, preventing such a breach can entail a range of risks.
- Prisons
The Supreme Court of Canada has pronounced the application of the Charter in cases of prison law. This will have a significant impact on the future interpretation of the Charter in this context. It is therefore important for students and practitioners of prison law to keep up with the latest decisions of the Supreme Court.
One of the key elements of Canadian democracy is respect for the dignity of every individual. In the Charter, this right is recognized as an important fundamental principle. The courts have found various arguments against prisoners exercising this right to be inconsistent with this core element.
The Charter also protects the right to vote. Several cases have been decided involving this issue, with the Supreme Court of Canada recently affirming a federal court of the appeal decision. However, the Court declined to determine the legality of the Canadian Elections Act.
- Overrepresentation of Indigenous Peoples
The overrepresentation of Indigenous peoples in criminal law in Canada is a serious issue. These communities experience a variety of adverse effects, including higher crime rates, homelessness, substance abuse, and unemployment.
However, it is difficult to know exactly what causes these negative outcomes, especially as there is a dearth of reliable data and statistics. In order to determine the causes of these results, it is important to consider the historical and socio-economic factors influencing the overrepresentation of Indigenous people in the criminal justice system.
Several scholars have identified over-policing as a major factor contributing to this overrepresentation. This is a practice of disproportionately high levels of police contact with Indigenous communities, as well as the use of inferior, less-effective services.
In the past 25 years, the overrepresentation of Aboriginal people in the criminal justice system has continued to increase, but a criminal lawyer can be the best option if you are not guilty. The overrepresentation is primarily due to a number of factors, from historical and social factors to the Canadian policing system.
