AuthorSteve Coughlan
In this book, “crimi nal procedure” refers to the body of rules and prin-
ciples that govern the investigation, prosecution, and adjudication of
any offence enacted by Parliament for which an accused person would
have a crimin al record if found guilty by a court exerci sing jurisdiction
under the Criminal Code.1 In other words, crimin al procedure governs
the procedural aspects relating to indictable and summary conviction
offences enacted by Parliament pursua nt to its legislative authority in
matters of crimin al law.
This definition of the subject excludes many procedural aspects of
penal law. For example, it does not include law that is enacted for the
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 defi nition 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).

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