Canada
Criminal investigations in Canada
Who investigates and who charges — the police investigate, and in most provinces the police lay the charge, while British Columbia, Quebec and New Brunswick require Crown pre-charge approval.
Facts on this page were checked against their sources on .
Criminal investigation in Canada is conducted by the police — the RCMP where it is the police of jurisdiction, the provincial forces in Ontario and Quebec, and municipal forces — applying the one federal Criminal Code. Because policing is delivered in different ways across the country, the investigating force in a given place depends on who polices it, but the criminal law and procedure they apply are federal and uniform.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
About Us — Public Prosecution Service of Canada
Public Prosecution Service of Canada (ppsc-sppc.gc.ca) · Institutional (self-description) · link verified 2026-07-26
The PPSC's own page, read in full. Supports that the PPSC prosecutes offences under federal statutes and that 'In the territories, we are the only prosecutors and conduct all prosecutions of offences against the Criminal Code and all federal laws/acts' — the basis for the territories' prosecutionScope being national (federal) rather than the territory's own, in contrast to the provinces, where provincial Crowns conduct most Criminal Code prosecutions.
Criminal Code (RSC 1985, c. C-46)
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · link verified 2026-07-26
The single federal criminal statute for all of Canada (English; French 'Code criminel' equally authoritative), read in the relevant sections. Supports s.743.1(1): a person sentenced to imprisonment for 'life', 'a term of two years or more', or aggregated terms amounting to two years or more 'shall be sentenced to imprisonment in a penitentiary' — the statutory basis (with s.91(28)/s.92(6) of the Constitution) for the two-year federal/provincial custody split. Also s.2 (the 'Attorney General' definition that allocates prosecution). Both versions have legal effect.
Constitution Act, 1867 (30 & 31 Victoria, c. 3 (UK))
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · 1867-07-01 · link verified 2026-07-26
The authoritative consolidated text (English; the French 'Loi constitutionnelle de 1867' is equally authoritative), read in full. THE backbone of the division of powers. Supports: s.91(27) FEDERAL exclusive authority over 'The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters'; s.91(28) federal 'Penitentiaries'; the s.91 opening 'exclusive Legislative Authority' plus the residual 'Peace, Order, and good Government' power (POGG is FEDERAL — the inverse of the United States); s.92(14) PROVINCIAL exclusive authority over 'The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction'; s.92(6) provincial 'Public and Reformatory Prisons'; s.96 'The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province'; s.100 (Parliament fixes and pays superior-court judges' salaries); s.101 (Parliament may establish a general court of appeal and additional federal courts). Establishes the characteristic Canadian arrangement: one federal criminal law, provincially administered. Both language versions have legal effect.