NCJ Number
86746
Date Published
1981
Length
20 pages
Annotation
Resistance to unnecessary legislation, tolerance of persons who merely act differently but not criminally, and the use of diversion will relieve the excessive burden on the criminal justice system and increase the quality of justice.
Abstract
While there has been an increase in criminality in Canada, the increase is not as significant as many suppose, because much of the increase is due to improved policing and statistical reporting as well as the expansion of law to areas previously not proscribed. These actions increase crime statistics but do not signify a real increase in criminal behavior. In 1970, the Law Reform Commission was established to give some direction to the formulation of criminal law by continuous review and the making of recommendations to Parliament. The Commission, in adopting guidelines for its work, has indicated that criminal law is an instrument of last resort for controlling citizen behavior and that it should be used as little as possible. This means that criminal law should not prohibit behavior that most people do not consider seriously harmful. Such legislative restraint will do much to improve the criminal justice system's ability to deal with serious crime. Further, in deciding whether or not to bring charges, the following criteria should be applied: (1) the offense is not so serious that the public interest demands a trial; (2) alternative means of dealing with the incident are likely to be effective in preventing further incidents by the offender; (3) the impact of arrest or prosecution on the accused is likely to be excessive in relation to the harm done; and (4) the victim and offender are agreeable to a settlement. Moreover, the courts should be relieved of having to deal with harmless behavior that merely constitutes departure from the dominant lifestyle. Freedom for behavior that does no harm should be protected rather than restricted by the law. Sixteen notes are listed.