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Exploring the Canadian Criminal Justice System

Navigating the Justice System: Additional Topics to Consider

If you have been charged with a crime in Canada, you should consult with a criminal defence lawyer in your area

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The Canadian justice system is multi-layered and complex, built on centuries of tradition and jurisprudence. The Criminal Code reflects that accumulated knowledge. At the same time it is regularly updated in response to changing social values. Learn how laws are created, how the jury process works and what the court considers when imposing a sentence.

How a Criminal Trial Works
If you have been charged, you are presumed innocent until proven guilty. Your arrest starts the criminal trial process, which has several components.
Recognizance and Undertaking
Legal mechanisms for pre-trial release in Canada: recognizance and undertaking.
Alternative Measures Program
If the Crown decides it is not in the public interest to prosecute through the regular court process, they can suggest alternative measures.
Qualifying for Legal Aid
The Legal Aid Program provides economically disadvantaged persons with funding for legal services.
Criminal Code Forms
To aid people in gathering and presenting information to the court, the Code includes 54 standardized documents or forms.
The Role of Paralegals in our Justice System
An overview of the role and regulation of paralegals in the Canadian justice system, highlighting their duties and the varying regulations across different provinces and territories.
How Laws Are Created
All three parts of Parliament play key roles in the formation of criminal law in Canada.
Making a Police Statement
If a statement is made, it should be truthful, accurate, and reviewed with legal representation, as even information supporting innocence could be used to prove guilt.
Pardons (Record Suspensions)
Pardons are now called record suspensions and are not permanent. A criminal record can profoundly impact your future.
Regulatory Authorities
The 14 law societies in Canada regulate the work of lawyers and paralegals in their province or territory.
Sentencing Principles
A judge has different options when it comes to handing down a punishment, and the sentence should match the offender's degree of responsibility.
Stay of Proceedings
A stay of proceedings is when a trial is stopped temporarily by the Crown attorney or ended by a judge.
The Jury System
A criminal court jury is made up of 12 Canadian citizens over 18 and sworn to give a verdict based on the evidence submitted in court.
Updates to the Code
When the federal government makes changes to the Code, it creates an amending act or regulation.
What is an Appeal?
An appeal is not a new trial, nor is it automatic. The defendant and the Crown have the right to appeal and typically have 30 days to file notice.
What is the Controlled Drugs and Substances Act?
The CDSA is a federal law in Canada that regulates the possession, production, distribution, and sale of controlled substances to protect public health and safety.
What is the Criminal Code?
A law codifying most criminal offences and continuously updated to reflect changing societal values.
What is the Excise Tax Act?
The Excise Tax Act administers taxes on goods and services in Canada for revenue and public policy.
What is the Firearms Act?
The Firearms Act promotes gun safety and aims to reduce crime by regulating firearm possession, storage, and use through licensing and registration requirements.
What is the Income Tax Act?
The Income Tax Act is a federal law that collects and administers income tax in Canada.
Resources - Referenced Links

Government References

Canadian Charter of Rights and Freedoms
https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/
Criminal Code
https://laws-lois.justice.gc.ca/eng/acts/c-46/
Supreme Court of Canada
https://www.scc-csc.ca/court-cour/role-eng.aspx