NEW CANADIAN Criminal

Code, result of more than five

years’ study, is now in effect.

The new code replaces a hodge-
podge of criminal law that was first
enacted in 1892 and to which section
after section was added at almost
every parliamentary session since then.

When the massive revision started
in 1949, there were more than 1,100
sections, many couched in obscure,
archaic and ambiguous language.

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Result of Five Years’ Work

of Saskatchewan, worked at the revi-
sion before turning in their draft code
to Parliament for further changes.

The first commission in 1949 laid
down some general principles that
should be followed in the new code.
The second, appointed in 1951, pre-
pared a draft code and a report which
was handed to Justice Minister Gar-
son in January, 1952.

A Senate committee headed by
Senator Hayden (L., Ontario) studied

mons in January, 1953, where it was
given detailed study by a committee
headed by Don Brown (L., Essex
West), a lawyer.

Parliament prorogued before the
bill could go through the Commons.
However, it was reintroduced in
January, 1954, and was finally adopted
last June.

Throughout these various stages
of study, some sections were changed
and counter-changed. There were

NEW CRIMINAL CODE
NOW IN EFFECT

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Some sections were repetitious or du-
plicated provisions in other statutes.
Now 750 Sections

All that, parliamentarians and
lawyers believe, has been eliminated.
The new code’s 750 sections are
simpler than the old and worded in
clearer language.

It will probably never make the
best-seller lists, but the layman can
understand it.

Two royal commissions, both
headed by Chief Justice W. M. Martin

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Page Thirty-two

the code clause-by-clause, but Parlia-
ment adjourned before it could make
its report.

Justice department officials further
reviewed the draft code during the
summer of 1952 in the light of the
Senate committee’s study and when
Parliament reassembled in November
the draft again was studied by the
Senate.

Sent to Commons

The code was approved by the
upper chamber and sent to the Com-

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more than 250 amendments to the
draft code.

For example, it took three amend-
ments to provide appeals in cases of
contempt of court.

The first change was made in the
Senate where Senator A. W. Roebuck
(L., Ontario), former attorney-general
of Ontario, moved an amendment pro-
viding for appeals against conviction
and sentence when the contempt was
committed outside the court, and ap-
peals against the sentence alone when

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