NCJ Number
47811
Date Published
1977
Length
86 pages
Annotation
PRINCIPLES TO GUIDE THE REFORM OF CANADA'S CRIMINAL CODE ARE PRESENTED BY THE LAW REFORM COMMISSION ON THE BASIS OF STUDIES CONDUCTED BY THE COMMISSION.
Abstract
THE REPORT OPENS WITH COMMENTS ON COPING WITH CRIME IN CONTEMPORARY SOCIETY, THE ROLE OF CRIMINAL LAW IN CONTROLLING THE FUTURE, CRIMINAL LAW AND VALUES, THE ASPIRATIONS OF CRIMINAL LAW (HUMANITY, FREEDOM, JUSTICE), AND THE REALITIES OF CRIMINAL LAW. A CHAPTER ON RESHAPING CRIMINAL LAW POINTS OUT THAT SUCH AN UNDERTAKING REQUIRES FULL AWARENESS OF THE LIMITS TO THE ROLE OF CRIMINAL LAW, UNDERSTANDING OF THE NATURE OF THE ROLE, AND FIRM DETERMINATION TO ALLOW CRIMINAL LAW TO PLAY ITS ROLE. IT IS STRESSED THAT RESTRAINT IS VITAL TO THE HEALTH OF CRIMINAL LAW. EVERY TIME A LAW AGAINST SOMETHING IS ENACTED, IT IS DONE AT A COST: OFFENDERS PAY THROUGH BEING PROSECUTED, CONVICTED, AND PUNISHED; OTHERS PAY THROUGH HAVING THEIR FREEDOM RESTRICTED; EVERYONE PAYS THE BILL FOR LAW ENFORCEMENT; AND, IN SOME CASES, SOCIETY PAYS BY WRONGLY THINKING THAT CRIMINAL LAW HAS SOLVED A PROBLEM. CRIMINAL LAW MUST BE CONFINED TO MATTERS WHERE THIS FOURFOLD COST IS JUSTIFIED. THE REQUIREMENT OF RESTRAINT APPLIES TO THE SCOPE OF CRIMINAL LAW, THE MEANING OF GUILT, THE USE OF THE TRIAL PROCESS, AND THE PRINCIPLES OF SENTENCING. SPECIFIC RECOMMENDATIONS ARE OFFERED FOR RESTRICTING THE AMBIT OF CANADIAN CRIMINAL LAW, RESTRICTING THE IMPUTATION OF CRIMINAL RESPONSIBILITY (BY ABOLISHING STRICT LIABILITY), RESTRICTING THE USE OF FULL CRIMINAL TRIALS, AND RESTRICTING THE USE OF TRADITIONAL PUNISHMENTS IN GENERAL AND IMPRISONMENT IN PARTICULAR. OTHER RECOMMENDATIONS RELATE TO CORRECTING FOUR DEFECTS IN THE CANADIAN CRIMINAL CODE: LACK OF DISTINCTION BETWEEN REAL CRIMES AND REGULATORY OFFENSES; EXCESSIVE DETAIL; INAPPROPRIATE STYLE; AND INADEQUATE PHILOSOPHY. --IN ENGLISH AND FRENCH. (LKM)