🇨🇦history of canada – 1867 to present review

Criminal Code

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

The Criminal Code is a comprehensive set of laws that outlines offenses and their corresponding penalties within Canada. It serves as a foundational legal document, establishing the rules and regulations governing criminal behavior, ensuring public safety, and providing a framework for the justice system. During the Trudeau years, significant changes were made to the Criminal Code to reflect evolving social values and cultural shifts, addressing issues such as discrimination, civil rights, and personal freedoms.

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5 Must Know Facts For Your Next Test

  1. The Criminal Code was first enacted in Canada in 1892 and has undergone numerous amendments to reflect changing societal norms.
  2. During the Trudeau years, the government introduced significant reforms to the Criminal Code, including the decriminalization of homosexuality and changes to laws surrounding abortion.
  3. The 1970s saw an increase in awareness around civil rights issues, leading to legislative changes aimed at reducing discrimination within the legal system.
  4. The introduction of the Canadian Charter of Rights and Freedoms in 1982 influenced the interpretation of the Criminal Code, ensuring laws aligned with constitutional protections.
  5. Trudeau's government emphasized a more rehabilitative approach to justice during his tenure, promoting alternatives to incarceration for certain non-violent offenses.

Review Questions

  • How did the Criminal Code evolve during the Trudeau years to address social changes in Canada?
    • During the Trudeau years, the Criminal Code evolved significantly to reflect shifting social attitudes. Key reforms included the decriminalization of homosexuality and modifications to abortion laws, which aligned with growing advocacy for civil rights and personal freedoms. This evolution highlighted a broader recognition of human rights within Canadian society and demonstrated how legislative changes were responsive to cultural shifts.
  • Evaluate the impact of the Canadian Charter of Rights and Freedoms on the interpretation of the Criminal Code during this period.
    • The Canadian Charter of Rights and Freedoms had a profound impact on how the Criminal Code was interpreted during the Trudeau years. The Charter ensured that all laws adhered to fundamental rights and freedoms, leading to judicial decisions that often favored individual rights over traditional interpretations of law. This shift prompted courts to reexamine existing statutes within the Criminal Code, reinforcing the importance of human rights in legal proceedings.
  • Analyze how trends towards decriminalization during Trudeau's tenure reflect broader societal values regarding justice and equality.
    • Trends toward decriminalization during Trudeau's tenure are indicative of a transformative shift in societal values surrounding justice and equality. By decriminalizing acts like homosexuality, the government recognized the importance of personal freedom and human rights as central tenets of Canadian identity. This movement away from punitive measures towards more progressive legal frameworks not only fostered greater acceptance but also aligned criminal legislation with contemporary understandings of equity and justice for all Canadians.