RECODIFYING CRIMINAL LAW

Authors

  • ALLEN M LINDEN
  • PATRICK FITZGERALD

Abstract

When Parliament enacted our first Criminal Code in 1892, Canada was in the vanguard of criminal law reform. The present Code, however, is no longer adequate to our needs. Even though it has been amended many times (including a major revision in 1955), it remains much the same in structure, style and content as it was in 1892. With the help of some of our country's most outstanding jurists, as well as the support of both the federal and provincial governments, the Law Reform Commission of Canada undertook a "deep philosophical probe" of the criminal law, which has culminated in Report 30, "Recodifying Criminal Law" . The proposed Code is evolutionary, not revolutionary. It seeks to reflect our current values and the principles of the Charter of Rights and Freedoms. It contains a General Part that sets out the general principles of criminal law. It seeks to express the criminal law in modern and simple language, and addresses modern day social ills such as pollution, terrorism, drunkenness and endangering lives. Built on a sound philosophical base, expounding just and rational principles, the proposed Code has been made entirely in Canada, by Canadians for Canadians . If it is enacted by Parliament, Canada will once again be in the vanguard of criminal law reform.

Keywords:

Criminal Law

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Published

1987-09-01

Issue

Section

Legal Commentary