The Evolution of the Canadian Criminal Code
The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government to help accommodate the numerous laws that have been applied to Canadian citizens. The history of homicide in the Criminal Code has evolved from having no degrees of murder in 1892 to having three types of culpable homicide (Leyton). The Canadian Criminal Code has changed over the years to accommodate the needs of changing times, such as amendments for gun control and the elimination of the death penalty.
In 1892, the Criminal Code of Canada was established, copying much of the English 1878 bill. “The Canadian Criminal code which copied the English bill of 1878 has been revised numerous times to accommodate the needs of the Canadian citizens” (Monroe). At that time there was no distinguishing between different types of murder through degrees of severity, because the punishment for every type of murder was the death penalty, and manslaughter was a life sentence in prison (Designs).
In 1955, a major reform was carried out and the Canadian Criminal Code was reduced from 1100 sections to only 753. The president of the Law Reform Commission of Canada did this major reform and noted, "It is too complicated. It is too illogical. It is poorly organized. It is not comprehensive and it is too intrusive. We deserve a Criminal Code that is modern, simple, logical, coherent, comprehensive, organized, understandable and restrained" (“What ”). One of the advantages of the reform was the addition of a constitutional principle that no person was to be convicted of an offense unless it had been provided specifically for in a statute. Even though the reform brought many new changes, the Criminal Code was not fully revised because in 1961 there were other changes done to the Code. In this change, the code included degrees of murder and divided the murders into capital and non-capital murder. The punishment for capital murder was death, while non-capital murder was punishable by life in prison (Leyton).
Capital murder was categorize...
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...s well as other countries, Canada uses the lethal injection and the electric chair as methods of punishment, although the lethal injection is by far the most common. Indeed the laws for Canadian citizens have changed numerous times over the years to help them accommodate the changes in their nation.
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This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
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Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate. This has divided many Canadians concerning their beliefs. Capital punishment should never be reinstated in Canada as it is a barbaric practice that is unjust. This essay will clearly demonstrate that reinstating capital punishment would be illegal as it would violate the Canadian Charter of Rights and Freedoms, Canadian Bill of Rights and the United Nations Universal Deceleration of Human Rights. In addition, this paper will show that capital punishment is a cruel and barbaric punishment. Finally, this paper will examine how capital punishment does nothing to deter people from committing crimes.
Capital punishment was the most severe punishment within the Canadian Justice system before it was abolished in the 1970’s. It is still used in many other countries around the world such as the United States, China and India, as it is believed to lower the crime rate within their country. Capital punishment was basically a form of torturing the suspect, but to their death as a consequence of their heinous crime. Many believe that capital punishment should be reinstated into Canada, while others are strongly against the suggestion and I believe the same.
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The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
My belief that every situation has a grey area applies to Canadian law as well. Ironically the Canadian court system would agree with me; looking at case law, there are hundreds of cases that consist of exceptions in the law. In fact our criminal code is constantly being updated because of these exceptions in the law. I believe that the constant reversal of the criminal code is relativism because the changes occur based on society’s
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On the other hand, a study prepared for the UN in 1988 showed that abolishing the death penalty shows no significant change in the number of crimes committed. Since Canada’s abolishing of the death penalty in 1975, homicide rate actually decreased 27 percent (up to 1993).
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.