Criminal Code - 1892
While the advantages of codification have become evident of the years, a multitude of unorganized laws can be challenging for anyone to comprehend. With each Canadian province enacting it’s own criminal laws, things are only all the more challenging (O’Malley, 141). Prior to 1892, Criminal Law, as described by Federal Court Judge Allen Linden, had evolved into “a bottomless pit of complex case law, petty anachronistic offences, and harsh punishments” (LawInfo). In other words, criminal law had become a mess, and as a result Sir John A. Macdonald opted to form a single criminal code (LawInfo). These events lead to the formation of what we now know to be the Criminal Code. The criminal code is a statue that states all, or the majority of, criminal offences, as well as possible punishments that can be given as a result (Duhaime). Originally, the criminal code began with 9 initial statues in 1869 in order to deal with the law of things such as coinage offences, forgery, offenses against the person, larceny, malicious injuries to property, perjury, and procedure. However, over the years this developed into the criminal code we know today by 1892 (LawInfo). Despite this, many changes have been included over the years in order to keep the criminal code up to date with the modern day beliefs and values of citizens, as well as the concerns of the government (O’Malley, 141).
The Criminal Code is one of the biggest aspects to the structure of Canadian Criminal law today. The criminal code works to outline laws in a way that “the average citizen would be able to understand and the average judge would be unable not to” (Jeremy Bentham). This means that those who commit a criminal offense are aware that they will be punished, and all judges are aware of the punishments they must give. Any act written within the Canadian Criminal code will be considered an offense, which means that citizens are held accountable to know and understand these laws. Like wise, if an act is not mentioned in any piece of legislature, it cannot be considered illegal. An example would be a case in which a woman attempted to convict a man she claimed was being a “peeping-tom”, however because there were no laws stating the act was illegal, he could not be arrested. The criminal code, in that sense, protects us from being punished of “wrong doings” that we are unaware of.
These laws, being based on our own present values, are intuitive as they reflect and uphold Canadian values and beliefs. This means that our beliefs, in a sense, become law, which in turn affects us and all other citizens. As a result, the criminal code is even now being amended annually to ensure it upholds our beliefs (O’Malley, 142). Examples include Bill C-7, which states that anyone who wishes to work with children may have their criminal records viewed in order to ensure the protection of children, which we as society deem important. In fact, in 1892, it was mad so that, according to the Criminal Code, children would be judged privately, as well as separately from adults. The Canadian Criminal Code thus works as a way to uphold Canada’s beliefs and values, and ensures that we as Canadians uphold the moral values we stand by.
The Criminal Code is one of the biggest aspects to the structure of Canadian Criminal law today. The criminal code works to outline laws in a way that “the average citizen would be able to understand and the average judge would be unable not to” (Jeremy Bentham). This means that those who commit a criminal offense are aware that they will be punished, and all judges are aware of the punishments they must give. Any act written within the Canadian Criminal code will be considered an offense, which means that citizens are held accountable to know and understand these laws. Like wise, if an act is not mentioned in any piece of legislature, it cannot be considered illegal. An example would be a case in which a woman attempted to convict a man she claimed was being a “peeping-tom”, however because there were no laws stating the act was illegal, he could not be arrested. The criminal code, in that sense, protects us from being punished of “wrong doings” that we are unaware of.
These laws, being based on our own present values, are intuitive as they reflect and uphold Canadian values and beliefs. This means that our beliefs, in a sense, become law, which in turn affects us and all other citizens. As a result, the criminal code is even now being amended annually to ensure it upholds our beliefs (O’Malley, 142). Examples include Bill C-7, which states that anyone who wishes to work with children may have their criminal records viewed in order to ensure the protection of children, which we as society deem important. In fact, in 1892, it was mad so that, according to the Criminal Code, children would be judged privately, as well as separately from adults. The Canadian Criminal Code thus works as a way to uphold Canada’s beliefs and values, and ensures that we as Canadians uphold the moral values we stand by.