NCJ Number
34674
Date Published
1976
Length
106 pages
Annotation
THIS REPORT BY THE LAW REFORM COMMISSION OF CANADA OUTLINES THE IDEAL GOAL AND SCOPE OF CANADIAN CRIMINAL LAW AND DISCUSSES REFORMS IN THE CANADIAN LAW WHICH WOULD FACILITATE THE IMPLEMENTATION OF THESE IDEALS.
Abstract
THE ASPIRATIONS OF CRIMINAL LAW--HUMANITY, FREEDOM, AND JUSTICE--ARE OUTLINED, AND ARE COMPARED TO THE REALITIES OF THE CRIMINAL JUSTICE SYSTEM. IT IS NOTED THAT THE CRIMINAL LAW SHOULD BE INVOKED ONLY AS A LAST RESORT, IN ORDER TO PROHIBIT CERTAIN ACTIONS, CONDEMN THOSE WHO COMMIT THEM, AND PENALIZE THE OFFENDERS. HOWEVER, AS AN INSTRUMENT OF LAST RESORT, IT MUST BE USED AS LITTLE AS POSSIBLE. IT IS ARGUED THAT THE LAW MUST ONLY PERTAIN TO ACTS CONSIDERED TO BE SERIOUSLY WRONG; THAT THE LAW SHOULD PENALIZE ONLY INTENTIONAL OR NEGLIGENT ACTIONS; THAT ONLY SERIOUS OFFENSES SHOULD BE BROUGHT TO TRIAL; AND THAT IMPRISONMENT SHOULD BE RESERVED AS A PUNISHMENT FOR SERIOUS OFFENSES ONLY. TO EFFECT THESE IDEALS, THE LAW REFORM COMMISSION RECOMMENDS DECRIMINALIZATION OF MANY NON-SERIOUS OFFENSES, ABOLISHMENT OF STRICT LIABILITY, RESTRICTIONS ON THE USE OF FULL CRIMINAL TRIALS, AND RESTRICTIONS ON THE USE OF IMPRISONMENT. --IN FRENCH AND ENGLISH