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Dalhousie Law Journal

1991

Canadian Criminal Code

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Full-Text Articles in Law

Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald May 1991

Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald

Dalhousie Law Journal

While the Canadian Criminal Code is presently in the process of thorough going reform by the federal government, one should not lose sight of the important reforms being proposed in several Canadian provinces to the legal regimes governing provincial offences. A need for reform to provincial offence regimes is evident in relation to both substance and procedure, although the approaches to solving problems in both spheres has traditionally differed from province to province. At the level of procedure, some provinces have been content to enforce their provincial offences through the expedient of adopting by reference the procedures found in Part …


The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …