INTRODUCTION AND BRIEF DESCRIPTION
Common law justifications and defenses remain in effect for criminal offenses, unless they are altered or inconsistent with other acts of Parliament.
SECTION WORDING
8(3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.
EXPLANATION
Section 8(3) of the Criminal Code of Canada serves as a compass in determining the applicability of common law principles in criminal proceedings. The section clarifies that the common law principles and rules that provide justification or excuse for an act or defend against a charge continue to be in force in criminal proceedings except where they are inconsistent with the Criminal Code or any other Act of Parliament. In essence, section 8(3) sets out the relationship between the common law and statutory law with regards to criminal proceedings. It acknowledges that common law principles are fundamental in the criminal justice system, but their application must be consistent with the code and other legislation. By doing so, the section ensures that the common law is not obstructive of contemporary legislative reforms in the criminal justice system. Furthermore, this section reflects the idea of legal continuity in Canada's legal system, where traditional legal principles give way to modern legal concepts. It allows the courts to apply common law principles that cover various circumstances, ensuring there is coherence in the legal system. In conclusion, Section 8(3) of the Criminal Code of Canada provides clarity for the courts in applying common law principles in criminal proceedings while recognizing the need to adapt to changes in legislation. The section ensures that traditional legal rules and principles are not obsolete and continue to be relevant.
COMMENTARY
Section 8(3) of the Criminal Code of Canada outlines the application of common law justifications and excuses in criminal proceedings. This provision ensures that traditional judicial principles that have been recognized by the legal system for many years are still relevant in modern criminal trials. Essentially, this section provides that except for where a specific law dictates otherwise, all common law defences will apply in criminal proceedings. The justification or excuse for an act refers to the reasons that an individual might offer as to why they committed an offence, while the defence to a charge relates to the evidence that one can present to counter the charges laid against them. The Criminal Code of Canada outlines many specific defences and justifications that an individual may rely upon, but traditional common law defences are still in effect. Common law is the legal system that has developed over time through judicial decisions. Decisions made by judges in earlier cases within the same jurisdiction establish precedents, which are then applied to similar cases in the future to arrive at a decision. This process of legal reasoning is how common law has been developed over time, and many common law defences have been recognized as valid. Section 8(3) ensures that these defences continue to apply in criminal proceedings to achieve fairness and justice within the legal system. It also ensures that judges, lawyers, and defendants can rely on past case outcomes when dealing with criminal proceedings, making the system more predictable. However, the provision also recognizes that there may be instances where a specific law supersedes common law defences. It is important to note that common law must also not be inconsistent with the Criminal Code or any other Act of Parliament. The provision ensures that common law defences are not used to subvert the intent of any specific law, ensuring a fair balance between established precedents and the need for effective legislation. Section 8(3) is a critical provision in the Criminal Code as it recognizes the value of traditions while also accommodating the need for change. As society evolves, so too does the law, but the importance of judicial decisions and established precedents cannot be overlooked. It ensures that individual rights and freedoms are protected, while also recognizing the importance of social responsibility and accountability. In conclusion, Section 8(3) of the Criminal Code of Canada ensures that traditional common law defences continue to apply in criminal proceedings. While also recognizing that specific laws may supersede established precedents, this provision is an essential component of the Canadian legal system and has proven to be an effective tool in ensuring justice and fairness.
STRATEGY
Section 8(3) of the Criminal Code of Canada is an important provision that governs the application of common law defences to criminal charges. As per this section, every rule and principle of the common law that provides a justification or excuse for an act or a defence to a charge remains in effect and applicable in regards to proceedings for an offence under any Act of Parliament, except where it contradicts this Act or any other Act of Parliament. When dealing with this section, there are several strategic considerations that need to be made. Firstly, it is essential to understand the nature and scope of the common law defences and how they interact with the Criminal Code. Common law defences are essentially legal doctrines that emerged from court decisions over time, rather than being enshrined in codified legislation. These defences can cover a wide range of situations, including self-defence, duress, necessity, and consent, and depending on the circumstances, they can provide a complete or partial defence to a criminal charge. Given the importance of these common law defences, it is crucial to assess how they might apply to a particular case. This could involve examining the facts of the case, reviewing relevant case law, and consulting with legal experts to determine which defences may be applicable and the likelihood of success. Moreover, it is essential to be mindful of the potential limitations of these defences, as they may not always be applicable or recognized by the courts, and they can be subject to interpretation and revision by the legislature. In light of these considerations, there are several strategies that could be employed when dealing with section 8(3) of the Criminal Code of Canada. Firstly, it may be necessary to engage in extensive legal research and analysis to identify the most relevant and persuasive common law defences that could be raised in a given case. This could involve reviewing legal precedents, consulting with legal experts and scholars, and gathering relevant evidence and testimony to support the defence. Another strategy could be to emphasize the unique circumstances of the case and how they merit the application of a particular common law defence. For instance, if the accused acted out of necessity due to an emergency situation, it may be possible to argue that this defence should be applied given the circumstances. Similarly, if the accused acted in self-defence, it may be necessary to demonstrate how this defence represents a reasonable and proportionate response to the threat posed by the alleged victim. Ultimately, the key to successfully navigating section 8(3) of the Criminal Code of Canada is to remain diligent, strategic, and vigilant throughout the legal process. This involves being proactive in identifying relevant defences, building a strong legal case, and collaborating closely with legal experts to ensure that all legal options are fully explored and presented in court. By taking these steps, it may be possible to secure a favourable outcome in even the most challenging criminal cases.