Introduction

• Author: Steve Coughlan
• Profession: Professor of Law. Dalhousie University
• Pages: 1-6

11

CHA PTER 1

INTRODUCTION

In this book, cr iminal procedure will be taken to mean t he body of rules

and principles that govern the invest igation, prosecution, and adjudi-

cation of any offence enacted by Parliament for which an accused per-

son would have a criminal record if found guilty by a court exercising

jurisdiction under the Criminal Code.1 In other words, criminal proced-

ure governs the procedural aspects relating to indictable and summary

conviction offences enacted by Parliament pursuant to its legislative

authority in matters of criminal law.

This def‌inition of the subject excludes many procedural a spects

of penal law. For example, it does not include law that is enacted for

1 Unless other wise indicated, al l statutory references in t his book are to the

Criminal Code of Canad a, RSC 1985, c C-46 [Code]. All references to section s of

the Canadian Ch arter of Rights and Freedoms, Part I of the Constit ution Act, 1982,

being Schedule B to t he Canada Act 1982 (UK), 1982, c 11 [Charter] will be pre-

ceded by “Charter.” See Criminal Records Act, RSC 1985, c C-47, s 3, which refers

to a conviction of an offenc e under an Act of Parliament or a regul ation made

under an Act of Parlia ment. The procedure prescribe d in the Code applies to

all indict able offences and all offences puni shable on summary convic tion that

have been enact ed by Parliament. Notwith standing the broad def‌in ition of this

book’s scope, the cr iminal jurisd iction of the Canadian mi litary is excluded

from considerat ion here, but it should be noted that this includ es a distinctive

body of procedura l and evidentiary law. Als o excluded from consideration is

crimin al procedure as it applies to young per sons under the Youth Criminal

Justice Act, SC 2 002, c 1. For discussion of the latter i ssue, see Nicholas Bala &

Sanjeev Anan d, Youth Criminal Justice Law, 3d ed (Toronto: Irwin L aw, 2012).