The criminal justice system of Canada is somewhat different from other countries because it is divided into a two-tier system separating criminal offenses at the federal and provincial levels. This is because of the Constitution Act, which separated what the federal and provincial governments were supposed to be responsible for in terms of the country’s legal system.
Understanding the difference between federal and provincial criminal offenses is relevant for Canadians as this pertains to different court procedures, the type of court involved in a case, and, subsequently, the possible sentence. Herein lies how such a difference works in application under Canadian criminal law.
Federal Authority Over Criminal Law
The authority to set and change the laws related to the criminal code primarily lies with the federal government of Canada. That means the federal government has been empowered to make, amend, and enforce the Criminal Code that contains most of the criminal offenses in Canada.
Federal control over the criminal law uniformed it throughout the different provinces and territories of the country. The Criminal Code provides the main structure for offenses and their punishments and lays down the general structure for the punishment for different offenses. By federalizing criminal law, Canada maintains consistency in criminal justice across the country.
Impact on Sentencing and Rehabilitation
Another ramification of the federal and provincial divide in criminal law involves sentences and rehabilitation options. Federal criminal offenses under the Criminal Code can have harsh sentences: prison, probation, or fines. Provincial courts can, at times, be more lenient in sentencing, especially when it comes to first-time offenders or crimes that are less serious in nature.
Provincial courts can recommend community service, counseling, or diversion programs that stress rehabilitation rather than punishment. A skilled criminal lawyer then can navigate the sentencing options to make sure defendants have access to the right legal resources to help with rehabilitation.
Jurisdiction over Criminal Law at the Provincial Level
Although the federal government legislates the laws, the provinces and territories are responsible for the enforcement and administration of the laws. Provincial jurisdiction includes functions such as administering police services, setting judges for the provincial courts and operating the provincial courts and correctional facilities.
This means that although an offense, like assault, is federally legislated, the investigation, prosecution, and trial procedures often occur within provincial court structures. Provinces may also enact quasi-criminal laws, such as those around traffic infractions and municipal breaches or bylaws, which fall within their own authority but are not contained within the Criminal Code.
The Purpose of Quasi-Criminal Offences
Quasi-criminal laws are legislated by provincial governments and municipalities regulating those activities that are not considered criminal yet command penalties. Examples include traffic offenses, noise restriction, and minor regulatory offenses.
Quasi-criminal laws are enforced similarly to criminal laws; however, they do not usually result in a criminal record; instead, violations are often punished with the use of fines or administrative penalties. These help the provinces deal with problems peculiar to their jurisdiction and allow flexibility in responding to the needs at the local level while maintaining the criminal justice system streamlined and efficient.
Differences in Court Systems and Jurisdictions
One important thing to understand in Canadian criminal law is the distinction between federal and provincial courts. Federal courts deal with particular cases, often of national importance or involving cross-provincial jurisdiction, including appeals and immigration matters. However, the majority of criminal cases are handled in the provincial courts. A lawyer can walk you through the different courts.
The cases that appear before provincial courts range from the least serious of summary conviction offences up to and including the more serious types of indictable offences, such as theft or assault. More serious indictable offences, such as murder, require a judge and jury and thus are held in Provincial Superior Courts. The federal and provincial systems complement each other in ensuring cases are heard at the appropriate level.
Conclusion
Canada has a dual criminal law system operative in both federal and provincial jurisdictions. It creates a certain balance and flexibility in the manner of handling offenses. By letting the criminal laws centralize federally and allowing provinces to administer and regulate specific issues, Canada gets consistency across the country and retains some flexibility to handle concerns that are specific to locales.
This helps Canadians understand the differences that explain, among other things, how offences are dealt with and where cases are heard, leading toward a just and orderly system of justice sensitive to the various needs of each province and territory.
