[6] As well, Canadian National Transportation and Wetmore have held that prosecution falls within criminal procedure, and that it can be pursued by either federal or provincial prosecutors.
[7] In a similar fashion, a Quebec measure[8] that diverted young people from the criminal justice system was held to be unconstitutional,[9] as it conflicted with the Juvenile Delinquents Act.
In one sense, it is concerned with proceedings in the criminal courts and such matters as conduct within the courtroom, the competency of witnesses, oaths and affirmations, and the presentation of evidence.
In a broad sense, it encompasses such things as the rules by which, according to the Criminal Code, police powers are exercised, the right to counsel, search warrants, interim release, procuring attendance of witnesses.
"[12]In R v Hauser, Spence J later gave a more succinct explanation: Criminal procedure, ... in its broadest sense, comprehends the mode of proceeding by which those rights and obligations are enforced.
[14] The Parliament of Canada can confer "new duties upon the existing Provincial Courts, or to give them new powers, as to matters which do not come within the classes of subjects assigned exclusively to the Legislatures of the Provinces.