Criminal Code of Canada - section 3 - Descriptive cross-references

section 3

INTRODUCTION AND BRIEF DESCRIPTION

Parenthetical words describing referenced provisions do not affect the provision in question but are only for reference convenience.

SECTION WORDING

3. Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.

EXPLANATION

Section 3 of the Criminal Code of Canada is a provision that defines the role of references to other provisions or Acts in the Code. In essence, the section states that when a reference to another provision or Act in the Code is followed by words in parentheses that describe the subject matter of that provision or Act, those words in parentheses are not considered to be part of the reference. Instead, the words in parentheses are deemed to have been included for convenience of reference only. This means that they do not carry any legal weight or affect the interpretation of the provision or Act being referred to. The purpose of Section 3 is to clarify the legal process of referencing other provisions or Acts in the Criminal Code. By making it clear that words in parentheses are not considered part of the reference, the section helps prevent any confusion or misinterpretation that could arise from their inclusion. Overall, Section 3 is an important provision that helps ensure consistency and clarity in the Criminal Code of Canada. Its inclusion reflects the ongoing effort to improve the legal system and ensure that justice is applied fairly and consistently across the country.

COMMENTARY

Section 3 of the Criminal Code of Canada is part of the introductory provisions of the Act, and it sets out a general rule of interpretation for references made within the Act to other provisions or other Acts. Specifically, it clarifies that any words in parentheses that follow a reference to another provision of the Act or to a provision of any other Act are not considered part of the provision in which they occur, but are instead treated as a description of the subject-matter of the provision being referred to. This means that a reference to another provision "followed by words in parenthesis" essentially operates as a shorthand or explanatory note to help the reader or interpreter of the statute understand what the provision being referred to is about. The purpose of this section is to ensure that references within the Criminal Code are clear and do not cause confusion or ambiguity. By indicating that words in parentheses are not to be considered part of the provision in which they occur, this section avoids potential misunderstandings or misinterpretations of the law. It is also intended to facilitate ease of reference, by allowing for the use of shorthand references to other provisions of the Act or other statutes, without necessarily having to repeat the full content of those provisions each time they are referenced. In practice, this section is fairly straightforward and is not often the subject of interpretation or discussion in the courts or legal literature. However, it is an important rule of statutory interpretation that ensures that the text of the Criminal Code is clear and accessible to all those who need to consult it. One possible criticism of this provision is that it could potentially be used to obscure the meaning of statutory provisions, by allowing for the use of shorthand references that may not provide the full picture of what a particular provision is intended to achieve. For example, if a shorthand reference is used that is not accurate or complete, this could lead to confusion or ambiguity about what a particular provision means. However, this concern is largely mitigated by the fact that words in parentheses are generally intended to be descriptive of the subject-matter of the provision being referred to, rather than a comprehensive summary of its content. Overall, section 3 of the Criminal Code of Canada is a useful provision that helps to ensure clarity and accessibility of the law, by setting out a rule of interpretation for references made within the Act. While it may not be the most exciting or controversial provision in the Criminal Code, it is an important part of the legal framework that underpins our criminal justice system, and it serves an important function in ensuring that the law is clear and easy to understand for everyone.

STRATEGY

Section 3 of the Criminal Code of Canada is a provision that deals with the use of references to other provisions within the Act or other Acts. It states that the words in parentheses that describe the subject matter of the provision referred to are not part of the provision and are only for reference purposes. This section has implications for legal practitioners, as it can affect the interpretation and application of the Criminal Code. One strategic consideration when dealing with section 3 is the need to fully understand it and its implications. Legal practitioners need to be aware of the specific language used in the section and how it may impact their work. For example, the fact that the words in parentheses are not part of the provision means that they cannot be relied upon in legal arguments or used to support a particular interpretation of the law. Another strategy is to carefully review any references to other provisions of the Criminal Code or other Acts. Legal practitioners need to ensure that they properly understand the content of these references and how they relate to the provisions they are dealing with. This may involve consulting with colleagues or legal experts to gain a better understanding of the relevant laws and their application. It is also important to consider the practical implications of section 3. Legal practitioners may need to adjust their strategies for drafting legal documents or preparing legal arguments to take into account the fact that the words in parentheses are not part of the provision in which they occur. This could involve taking a more careful and detailed approach to drafting, or using more straightforward language in legal arguments to avoid relying on potentially irrelevant or misleading references. Overall, legal practitioners need to be aware of the implications of section 3 and its impact on the interpretation and application of the Criminal Code. They should take a strategic approach to dealing with this section by carefully reviewing references, gaining a thorough understanding of the relevant laws, and adjusting their drafting and argumentation strategies as necessary. By taking these steps, legal practitioners can ensure that they are providing effective representation to their clients and upholding the integrity of the legal system.