Criminal Code of Canada
The Criminal Code of Canada is the principal federal statute that defines criminal offences, sets out criminal procedure, governs sentencing, and establishes the powers of police and courts in criminal matters. First enacted in 1892, the Code has been amended hundreds of times and is the central source of substantive criminal law in Canada. A handful of other federal statutes — most notably the Controlled Drugs and Substances Act, the Cannabis Act, and the Youth Criminal Justice Act — operate alongside it.
Mass Tsang's criminal lawyers work with every Part of the Code in their practice. For an overview of how charges work, see our blog post on what counts as a criminal charge.
Constitutional framework
Criminal law is exclusively federal under section 91(27) of the Constitution Act, 1867. Provinces can create provincial offences (the Highway Traffic Act, liquor licensing, environmental regulation), but only Parliament can create true criminal offences. The Charter of Rights and Freedoms, in force since 1982, sits above the Criminal Code and constrains how its provisions can be enforced and interpreted.
Structure
The Code is organized into Parts and sections. Parts I and II contain general principles and the general parts of offences. Parts III through XIII define the substantive offences — offences against persons, property, public morals, justice, and the state, plus specialized topics like sexual offences, drug-related offences (partly), gaming, and organized crime. Parts XIV onward contain procedural provisions — arrest, search, bail, trial procedure, sentencing, appeals, and special procedures like mental disorder dispositions.
Recent amendments
Major recent amendments include: Bill C-46 (2018) — comprehensive impaired-driving reform; Bill C-75 (2019) — broad procedural reform including changes to preliminary inquiries, bail, and limitation periods; Bill C-5 (2022) — removal of various mandatory minimum penalties and expansion of conditional sentences; Bill S-12 (2023) — restructured SOIRA in response to R v Ndhlovu; Bill C-48 (2024) — expanded reverse onus bail provisions and toughened bail rules for repeat offenders.
Reading the Code
Each offence section sets out the actus reus (prohibited conduct) and references the mens rea (mental element) through standard formulations. Penalty provisions specify maximums and, in some cases, minimums. The structure rewards careful reading — many issues turn on the exact wording of the section and the case law interpreting it.
Related glossary terms
