[QUOTE=fetus]
Lots of great info. Big question here: is all criminal law handled at the federal level? What about traffic law? For example, between local, county, provincial and federal, what level of government would have beef with you in:
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I’ll answer your list in order, then explain a little more:
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A parking ticket? Muncipal, but ultimately provincial, since municipalities are chartered under provincial law. If you don’t pay your parking ticket on time, fines increase; don’t pay it at all, and the province can take steps such as not renewing your driver’s license.
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A labor contract violation? Provincial, and a provincial arbitrator or mediation board would try to handle the problem. Of course, if (say), violence occurs on a picket line–folks getting beat up, cars being damaged–then the criminal law comes into play, and charges of aggravated assault etc. can result.
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A liquor law violation? Provincial. I’m assuming you mean selling alcohol to a minor, or a bar staying open past regular closing hours. Fines and/or loss of liquor license would result.
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Petty theft? Federal. Theft of all kinds falls under the Criminal Code of Canada.
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Major shoplifting? Federal, see above.
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Murder? Federal, see above.
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Simple drug crimes (simple possession, selling, etc.)? Federal, but in addition to the Criminal Code, you also have to bring the Controlled Drugs and Substances Act into play. There is no truth to the rumour I’ve been asked about by a couple of Americans of my acquaintance that a certain province “has legalized marijuana.” The province has no jurisdiction over the legalization of marijuana, or of any other drug on the CDSA list. Of course, if local law enforcement chooses to look the other way for small amounts, that’s its business. But the feds make the drug laws, which apply uniformly across the country.
Ask yourself if jail is a possible punishment for a given offense. If it is, then the offense is likely criminal (and thus federal law); if it is not, the offense is likely against some provincial law or regulation. Provinces cannot jail people, but they can levy fines. On occasion, it may seem as if somebody is being jailed for breaking a provincial law–for example, the stockbroker with shady dealings who is breaking the provincial Securities Act somehow–but a closer look reveals a criminal act: fraud of some sort, which is in the federal Criminal Code. The red-light runner is breaking a provincial traffic law–but if he or she hits and kills a pedestrian in doing so, it is a homicide charge of some sort, and comes under the federal Criminal Code. Incidentally, drunk driving is also in the federal Criminal Code, since you can be jailed for it.
There are no real municipal or county courts anywhere. Yes, breaking a traffic law (provincial jurisdiction) in Calgary will land you in a Calgary courtroom, but it will be a provincial traffic court held in Calgary for convenience’s sake. Criminal trials tend to take place where the crime occurred: the person who murdered another in Halifax may well be arrested in Vancouver, but will be returned to Halifax to stand trial. This is one benefit of a uniform national Criminal Code: no jurisdictional or extraditionary squabbles between provinces, as occurs in the US.
Provincial laws can and do vary between provinces, naturally. For example, certain documents are needed to transfer land in Alberta, but the equivalent of these documents are not needed in Nova Scotia. The voting age is set at 18 nationally, but provinces set their own legal ages for such things as drinking and gambling, which is why you find that 18-year-olds can drink legally in Alberta, but not in Ontario, where they must wait until they are 19.
But the federal Criminal Code applies across the country, in all provinces and territories. The feds really don’t care if an Albertan 18-year-old tries to buy beer in Ontario. They do care if he succeeds, gets drunk, and drives his car–then it becomes a federal criminal charge.
Did I answer your question, fetus? I get the feeling I haven’t covered everything.