Brown has also done extensive scholarly consultation work. He has… Read more ». Search for:. Osgoode Society Books. Usually, they will contain a very comprehensive index and list of definitions to help you find the area of criminal law you are interested in.
In addition, they are called annotated because each section of the Code will have a list of cases that have been decided under that particular section. This gives the reader a chance to see how judges have interpreted the meaning of the sections, the sorts of evidence that will be necessary to obtain a conviction under that section, and exceptions or limitations to the section. This leads to a much greater understanding of the law than just reading the section of the Code.
These annotated codes are written by eminent criminal law lawyers and updated every year with the latest cases. They can also be found in public, courthouse, and law school libraries. The Criminal Code is also available online from several sources, including the Department of Justice Canada. This website provides general legal information only. It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta.
Where does the criminal law in Canada come from? Last Reviewed: August Do the provinces in Canada play any role in criminal law? Last Reviewed: August Under Canadian criminal law, who brings criminal charges against another person?
Last Reviewed: August What must the accused person do when charged? Last Reviewed: August Is the procedure the same for all criminal charges? In Canada, an accused can be charged in three different ways. They can be charged with an: indictable offences, summary conviction offences, and hybrid offences.
Under the new definition of self-defence, a person will not be guilty of an offence if: they believe on reasonable grounds that force, or a threat of force, is being used against them or another person; the actions that constitute the offence are committed for the purpose of defending or protecting themselves or the other person; and the act committed is reasonable in the circumstances. Last Reviewed: August Close Font Resize. Keyboard navigation. Readable Font. A youth must have the opportunity to talk to a lawyer as soon as possible and at every step in the criminal process.
A judge will not allow a youth to plead guilty unless he or she understands the criminal charge, understands the options guilty or not guilty , and understands the fact that he or she might get a sentence. If a youth goes to court without a lawyer, a duty counsel lawyer paid by the government will be there to help.
The Youth Justice Court a division of BC Provincial Court is for criminal cases for young people under the age of 18 when the alleged crime happened. A judge listens to the evidence and decides if the youth is guilty or not guilty. If guilty, the judge also decides on a sentence. All Youth Justice Court cases are scheduled for a morning or afternoon hearing. The youth who has been charged with committing an offence waits until it is time for his or her case to be heard.
The charges against the youth are read out loud. Before deciding on the right sentence, the judge will ask for more information about the youth. At the trial, the Crown prosecutor will ask witnesses to say what they know about the crime.
The Crown prosecutor will ask questions. At the end of the trial, the judge will decide if the youth is guilty or not guilty. If the youth is not guilty, he or she is free to go. If the judge decides the youth is guilty, the judge will decide on a sentence punishment. Judges apply special rules when sentencing youth. Sentences should be similar to other youth sentences in similar cases. A sentence should not be more severe than a sentence given to an adult.
The judge will give a sentence that helps the youth feel responsible for their actions. Learn more about youth sentencing. When a youth is convicted of committing a crime, his or her name cannot be published.
This is done to protect the youth. So, for example, if there is a report in the paper about the crime, the youth will be referred to only by the initials of his or her name like K. If the youth has committed a very serious crime like murder , he or she might be treated as an adult in court.
Usually, a youth will only be sent to jail if he or she has committed a violent offence and is a serious repeat offender the youth has committed the same or similar offence before. A judge will think about many things before sending a youth to jail. All other options must be reviewed first.
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