ABSTRACT
The criminal law of Canada was, in broad form, inherited from the British, as Canada was once a British colony. Although Britain remains without a Criminal Code, Canada seized upon and adopted a British draft from 1892. The Criminal Code of Canada has evolved, with many legislative amendments, additions, and deletions over time ( Criminal Code of Canada, 1985, Chap. C-46). As in Britain, criminal offences are comprised of two essential components: a guilty act (actus reus) and a guilty mind (mens rea). All accused (the term used in the Criminal Code of Canada) are presumed to be innocent until both components are proven beyond a reasonable doubt. No de-fence is required until the Crown has presented a prima facie case—a case to meet. Under Canada’s federal system, the Criminal Code is legislated at the federal level, and provincial and territorial Ministries of the Attorney General prosecute all criminal matters on behalf of the Crown. By far, most trials are heard by a judge sitting alone. However, for indictable (more serious) matters, the accused may elect to be tried by a judge and jury. Trials are party-driven, adversarial events, unlike the more inquisitorial nature of the European criminal court system.
