Let’s start with a basic truth: if you want to understand how criminal law works in Canada, you need to get familiar with the Criminal Code. It’s the backbone of the country’s criminal justice system—dense, detailed, and not exactly light reading, but crucial nonetheless.
The Criminal Code, formally called An Act Respecting the Criminal Law, is a federal statute. That means it applies across the country —whether you’re in Vancouver, Yellowknife, Halifax, or anywhere in between. Created and maintained by the Government of Canada, the Criminal Code outlines what counts as a criminal offence, how those offences should be prosecuted, and what penalties courts can impose.
Unlike some countries that rely more heavily on common law principles, Canada’s approach is pretty structured. The Canadian Criminal Code of Canada lays it all out in writing.
It’s a federal act, meaning only Parliament can change it. The most current version is often cited as C-46, which refers to its chapter number in the Revised Statutes of Canada, 1985. That’s why you’ll sometimes see references like “1985, c. C-46” or older citations like C.R.C., c. 1490—those mark historical or repealed regulations made under earlier editions.
It also works in tandem with other pieces of legislation—like the Youth Criminal Justice Act—and includes a wide range of regulations made over time. Here, we’ll give you a working overview, just enough to help you spot what matters.
What’s Actually in the Criminal Code?
Think of the Criminal Code as a legal manual, but also a bit of a mirror—it reflects what we, as a society, consider wrong enough to be called a criminal offence.
The table of contents alone spans everything from homicide to harassment, with detailed instructions for how to prosecute each offence and how courts should interpret specific legal terms. You’ll also find rules on things like evidence, police powers, sentencing ranges, and even jury selection.
Here’s a quick sketch of the major parts:
- Offences against people (e.g., assault, murder)
- Offences against property (e.g., theft, arson)
- Public safety offences (e.g., firearms, terrorism)
- Driving offences, including impaired driving
- Sexual offences
- Procedure, including bail, sentencing, and appeals
Each section includes definitions and subcategories, which means precision matters. A single word—like “intent” or “consent”—can change the direction of a case.
The Three Types of Offences (And Why They Matter)
In Canadian criminal law, not all offences are treated equally. The Criminal Code classifies them into three buckets—summary, indictable, and hybrid offences. If you’re dealing with a charge (or helping someone who is), understanding which type you’re facing can make a big difference.
- Summary Offences
These are the minor ones—at least by criminal standards. Things like causing a disturbance or mischief under a certain dollar value. They’re dealt with relatively quickly and carry lighter penalties. They are tried in provincial court, and you cannot have a jury. Think: short hearings, limited jail time (if any), and generally less media attention. - Indictable Offences
Here, we’re talking about some serious stuff: aggravated assault, robbery, sexual assault, homicide. These offences often involve complex court procedures, longer trials (sometimes with a jury), and much heavier sentences. If you’re facing an indictable offence, the stakes are high—and so is the need for experienced legal counsel. - Hybrid Offences
Most offences in the Code fall into this third category. They’re “dual procedure,” meaning the Crown prosecutor can choose whether to proceed summarily or by indictment. This discretion hinges on the facts of the case, your criminal record, and how the Crown assesses public interest. Translation: the same charge—say, assault—can lead to very different outcomes depending on how it’s prosecuted.
How Do Changes Get Made?
New offences don’t just appear out of thin air. They go through Parliament. When the government wants to add, remove, or revise a law, it passes legislation. These are the official regulations made under the Criminal Code, and they reflect both political will and public concern.
Take cybercrime, for instance. Twenty years ago, it barely appeared in the Code. Today, entire sections are devoted to digital threats. And that’s the nature of a living document like the Criminal Code—it grows and adapts, just like the society it’s meant to protect.
That said, not every update is sweeping. Some are surgical—removing outdated terms, adjusting sentencing minimums, or clarifying procedural rules. Others involve entire sections being repealed or replaced when they no longer reflect current standards or Charter rulings.
How the Criminal Code Plays Out in Real Cases
The Criminal Code isn’t just academic. It shapes real-world outcomes—from the moment someone is arrested, to how they’re charged, to how evidence is handled in court.
Take impaired driving, for example. Once a straightforward charge, it’s now tightly regulated with specific thresholds for blood alcohol and drug concentration, detailed roadside testing rules, and a web of consequences that affect everything from insurance to international travel. (And yes, it’s all laid out in the Code.)
Or consider domestic violence. These cases are governed not just by the text of the Criminal Code but by court interpretations, policy guidelines, and sentencing precedents. What starts as a basic assault charge can quickly evolve into something more complex—and more serious.
That’s why, when clients come to us, we don’t just look at the offence. We look at how it was charged, who laid the charge, and what the Criminal Code allows or prohibits in that context. Because sometimes the path to the best outcome lies not in the charge itself, but in the procedure used to lay it.
