Canada

Canada occupies a total area of 3,850,790 square miles and is the second largest nation in the world. It is divided into ten provinces and two territories. The population of about 29 million is settled mainly in the south and in major metropolitan areas (Montreal, Toronto, Ottawa-Hull, Hamilton, Winnipeg, [Page 148]Calgary, Edmonton, and Vancouver). Canada was colonized by France and England and is an officially bilingual nation, with about 60 percent of Canadians speaking English, 24 percent speaking French and nearly 14 percent speaking both languages. The criminal justice system reflects the influence of both the French and English cultures and legal systems.

Canada's criminal law is based on the Canadian Criminal Code (1892), the first merging of common and statutory criminal law by a self-governing jurisdiction of the British Empire. Over the years numerous amendments and revisions were made, and in 1955 a totally revised Criminal Code was enacted. The Criminal Code is derived almost exclusively from the principles of English jurisprudence. Under the terms of the 1867 Constitution Act, the federal government has the exclusive power to legislate criminal law. The act also empowered the provinces to pass laws, but only in specific areas.

An important aspect of the Canadian criminal justice system was implemented through the 1959 Parole Act, which created the National Parole Board (NPB). This board decides whether to grant, deny, or revoke parole for federal inmates. In 1977 the act was amended to allow provinces to establish their own parole boards. The NPB continues to be the primary parole agency in those provinces that have not established their own parole boards.

Other legislation has had an impact on the Canadian criminal justice system as well. The Narcotic Control Act made narcotics offenses a federal crime in 1970. The Bail Reform Act, enacted in 1971, is intended to prevent unnecessary detention of accused persons. And the 1985 Young Offenders Act raised the minimum age of criminal responsibility to twelve years old in all provinces and territories, and set the age of adult criminal culpability at eighteen.