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Criminal law, in its widest sense, includes substantive criminal law, the operation of penal institutions, criminal procedure and evidence, and police investigations (see Criminal Investigation). More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.

The Guy Paul Morin case was the second major wrongful conviction case to occur in the modern era of the Canadian criminal justice system. The case was riddled with official errors — from inaccurate eyewitness testimony and police tunnel vision, to scientific bungling and the suppression of evidence. Morin had been acquitted of the murder of nine-year-old Christine Jessop in 1986, only to be found guilty at a retrial in 1992. He was cleared by DNA evidence in 1995 and received $1.25 million in compensation. In 2020, DNA evidence identified Calvin Hoover, a Jessop family friend who died in 2015, as the real killer.

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The Covenant Chain is the name given to the complex system of alliances between the Haudenosaunee (also known as the Six Nations and Iroquois League) and Anglo-American colonies originating in the early 17th century. The first alliances were most likely between New York and the Kanyen'kehà:ka (Mohawk). These early agreements were referred to figuratively as chains because they bound multiple parties together in alliance. Today the Covenant Chain represents the long tradition of diplomatic relations in North America, and is often invoked when discussing contemporary affairs between the state and Indigenous peoples. (See also Treaties with Indigenous Peoples in Canada.)

Gallicanism is a doctrine which originated in France in the Middle Ages and sought to regulate the relationship between the Catholic Church and the state. It underlined the independence of the French Church in terms of papal authority, but also its subordination to the royal power. It thus confirmed the supremacy of the state in public life, unlike Ultramontanism, which supported the submission of the Churches and kingdoms to the papacy.

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens; the other two are constitutional law and criminal law. (See also Rule of Law.) Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

Administrative tribunals make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself. Tribunals are set up by federal or provincial legislation; this is known as “empowering legislation.” Tribunals are commonly known as commissions or boards. They make decisions about a wide variety of issues, including disputes between people or between people and the government. Tribunals may also perform regulatory or licensing functions. Their decisions may be reviewed by the courts. Because they engage in fact-finding and have the power to impact personal rights, tribunals are often seen as “quasi-judicial.”

A contract is a legally binding agreement between two or more persons for a particular purpose. It is an instrument for the economic exchange of goods and services. In Canada, contract law is administered both in common law and, in Quebec, civil law.

Under Canada’s federal system, the powers of government are shared between the federal government and 10 provincial governments. The Constitution Act, 1867 granted specific jurisdiction to the provinces in 16 areas, compared to 29 for the federal government. However, provincial powers have expanded since then. Provinces can levy direct taxation and derive most of their non-tax revenue from the use of public lands and natural resources. Provincial governments in Canada are modelled on the British Westminster parliamentary tradition and reflect the principles of responsible government. They comprise an elected legislative assembly, from which a governing cabinet is selected by the premier. The lieutenant-governor assents to legislation as the representative of the Crown.

The politics of the Province of Canada in the early 1860s were marked by instability and deadlock. The Great Coalition of 1864 proved to be a turning point in Canadian history. It proved remarkably successful in breaking the logjam of central Canadian politics and in helping to create a new country. The coalition united Reformers and Conservatives in the cause of constitutional reform. It paved the way for the Charlottetown Conference and Confederation.  

Political corruption may be defined as behaviour by public officials, elected or appointed, which violates social or legal norms regarding what is or is not legitimate private gain at public expense.

On 5 September 1760, three days before the Capitulation of Montreal, the chief of the Huron-Wendat of Lorette, who had accompanied the retreating French army from Quebec to the Montreal region, approached General James Murray at Longueuil. A treaty of peace — known as the Murray Treaty of Longueuil or simply, the Murray Treaty — was concluded whereby the Huron-Wendat came under British protection. (See also Treaties with Indigenous Peoples in Canada.)

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

The largest class action settlement in Canadian history to date, the Indian Residential Schools Settlement Agreement (IRSSA) recognized the damage inflicted on Indigenous peoples by residential schools, and established a multi-billion-dollar fund to help former students in their recovery. (See also Reconciliation in Canada.)

 In 1946, Maurice DUPLESSIS, then premier and attorney general of Qué, caused the Liquor Commission chairman to revoke the liquor licence of Frank Roncarelli, a Montréal restaurant owner, so ruining the restaurant.

The 1760 Treaty of Oswegatchie was signed during the Seven Years’ War and assured neutrality between the Seven Nations (former Indigenous allies of the French) and the British. (See also Treaties with Indigenous Peoples in Canada.)

Prohibition in Canada came about as a result of the temperance movement. It called for moderation or total abstinence from alcohol, based on the belief that drinking was responsible for many of society’s ills. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. Prohibition was first enacted on a provincial basis in Prince Edward Island in 1901. It became law in the remaining provinces, as well as in Yukon and Newfoundland, during the First World War. Liquor could be legally produced in Canada (but not sold there) and legally exported out of Canadian ports. Most provincial laws were repealed in the 1920s. PEI was the last to give up the “the noble experiment” in 1948.  

The temperance movement was an international social and political campaign of the 19th and early 20th centuries. It was based on the belief that drinking was responsible for many of society’s ills. It called for moderation or total abstinence from alcohol. This led to the legal prohibition of alcohol in many parts of Canada. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. In 1915 and 1916, all provinces but Quebec prohibited the sale of alcohol as a patriotic measure during the First World War. Most provincial laws were repealed in the 1920s in favour of allowing governments to control alcohol sales. Temperance societies were later criticized for distorting economic activity, and for encouraging drinking and organized crime.

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.