Law of CanadaModule 5
Criminal law and procedure: the Criminal Code, fault and defences, police powers, bail, disclosure, trial, evidence, sentencing and appeal
Criminal law is where the state’s power over the individual is greatest, and in Canada it is also where the Charter does its most visible work. Parliament alone makes the criminal law and the rules of criminal procedure, in one statute, the **Criminal Code**, but the provinces investigate, prosecute and run the courts, so the system is a partnership. The law is organised around a few simple ideas: the Crown must prove each element of an offence beyond a reasonable doubt; the accused is presumed innocent; police and prosecutors must respect the Charter; and a sentence must be proportionate. This module follows a case in that order.
This course explains the law of Canada, not US law. Rules that look the same elsewhere may be different.
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See what is included in the Courses & AI Lab Pass →General education on Canadian law, using invented people and businesses and abstract provinces. It states constitutional provisions and landmark decisions in simplified form, and it is not legal advice. Provinces and territories differ, the law changes, and every case turns on its facts. Consult a lawyer licensed in the province or territory that matters.
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