ABSTRACT

Canada's legal system is based on common law and civil law traditions and is inclusive of Indigenous legal orders and treaty rights. The modern nation of Canada was constituted in 1867 on the passage by the British Parliament of the British North America Act. That Act united British colonies into a single confederation. It established two levels of government, a federal government and a provincial government and it distributed specific legislative powers to each. The Charter is a constitutional document and is considered to be the supreme law of Canada. It contains fundamental freedoms and rights, including legal rights applicable to criminal prosecutions. In Canada, forensic assessments can be ordered by the court under specific provisions of the Criminal Code and Youth Criminal Justice Act. In criminal proceedings in Canada, the forensic assessment may assist a trier of fact to decide any matter where the accused's mental condition is at issue.