The Constitution Act, 1982, states that "the Constitution of Canada is the Supreme Law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. " Criminal law and procedures are subject to provisions of the ‘Canadian Charter of Rights and Freedoms, ' and the Charter is part of the Constitution of Canada. Therefore , the courts of Canada must determine all legislation, including the Criminal Code|Code calculatordecoder|Free codes|Decoderdecoding|Sstandards|Regulations|Unlock} and related statutes, against the Charter's provisions. The Charter may directly affect criminal law procedures and may have an impact on the definition of certain crimes and the consequential punishment.
Under Canadian criminal law, "there can be no crime or punishment except in accordance with fixed, predetermined Law. A crime may be divided into two components: the prohibited conduct or act (actus rea) and the required mental element (MENS REA). In general, before an act can become a crime it must fall exactly within the definition of the offence. A criminal sanction must be in existence at the time of the alleged crime and the offence created by such sanction must be, without a doubt, clearly established. If the provision for the criminal offence is unclear, then it will be interpreted by the courts in favour of the accused.
In criminal law, a crime is defined as a wrong against the whole community rather than against the individual victim, and as a result, a criminal prosecution is initiated by the state and the victim is simply a voluntary witness for the prosecution. Though, Parliament in recent years has passed legislation significantly amending the sentencing provisions of the Criminal Code|Code calculatordecoder|Free codes|Decoderdecoding|Sstandards|Regulations|Unlock}, where more consideration will be paid to crime victims and provide for such measures as compensation and restitution to victims of crime.
Here by, Fresno Criminal Attorney for your enrichment of Criminal Law.