THE CANADIAN CRIMINAL CODE, 1892-1992

Abstract

The Criminal Code of Canada received royal assent on July 9, 1892, and came into force on July first, 1893. In the first part of this article, the author traces in broad outline the history of the Code over the last one hundred years In the second part of the article, he considers in more detail the development of four specific areas: murder, sexual offences, obscenity and appeals. In conclusion he asks whether, in making any future changes in the Code, it will be necessary to include provisions on the general principles of criminal liability, or whether that is necessary given the decisions of the Supreme Court of Canada since the coming into force of the Canadian Charter of Rights and Freedoms However that question be answered Parliament is, of course, still the only body with the authority to create new offences, but even then its competence is now circumscribed by judicial interpretation of the Charter.