Chapter 6 Chapter Summary

This chapter introduces us to the criminal law in Canada. In order to remain relevant, the law in Canada is ever changing. The dynamic nature of the law is a result of different social, economic, legal, and political factors. A cornerstone of Canadian law is that individuals are considered equal and that no one is above the law. Theory and practice, however, are often two different things.It is up to our courts to safeguard the rule of law by defining federal and provincial powers and balancing the rights of the individual with the interests of the state.

The chapter gives us a basic overview of the relevant sections of the Charter as they pertain to criminal law and it highlights key criminal cases that have shaped criminal law in Canada. Differences between substantive and procedural law are offered, as well as the three requirements for an act to be criminal in Canada. Individuals cannot be charged with an offence if these three conditions are not met. Once charged, an accused person has a number of excuse and justification defences available to them (although these defences are difficult to prove). Distinctions between Canadian and US justice systems and practices are made.

Protecting an accused’s rights is a complex undertaking. The process can take years and involve many criminal justice personnel (from police officers to courts to correctional officials). Although most of our knowledge about the justice system comes from a small number of highly publicized cases that feature anomalous incidents (usual violent), most of the work of the criminal justice system is responding to a large volume of non-publicized, relatively minor offences. This reinforces the idea that belief in the legitimacy of the system is more important in regulating behaviour than the fear of being punished. Overall, this suggests that although the criminal justice system is fraught with difficulties, the Canadian courts continue to strive to uphold the rule of law.