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CRIMINAL LAW CONSOLIDATION
1869, 32-33 VICT.
DOMINION OF CANADA,
AS AMENDED AND IN FORCE
ON THE 1ST DAY OF NOVEMBER, 1874, IN THE PROVINCES
OF ONTARIO, QUEBEC, Nova SCOTIA, New BRUNSWICK,
Notes, Commentaries. Precedents of Indictments, gl., §.. o
HENRI ELZÉAR TASCHEREAU,
ONE OF THE JUDGES OF THE SUPERIOR COURT FOR THE PROVINCE OF QUEBEC
nal Law Consolidation Acts of 1869, bascd as these are on the Imperial Criminal Law Consolidation Acts of 1861, and taken almost textually from them.
At the end of each clause will be found cited the corresponding clause of the Imperial Statute, and any material difference between both mentioned.
The annotations made by the learned Mr. Greaves, Q.C., on the “ Lord Campbell's Acts,” of 1851, and the Consolidated Acts of 1861, have been compiled and inserted, when thought of practical utility to the Canadian practitioner: these annotations are rendered the more valuable by the fact that these Statutes were drawn and framed by Mr. Greaves.
Not a few errors, some of a very grave nature, have crept into our said Statutes of 1869 : they will be found noticed, under each clause, as they have been observed. By a glance at the following sections, where some of such errors are met with, the necessity of a complete revision of these Acts will be amply demonstrated : sections 12, 20, 29, 32 and 45, of the Forgery Act: sections 19, 31 and 41 of the offences against the Person Act : sections 12, 15, 43, 54, 56, 57, 60, and 61 of the Malicious Injuries to property Act : sections 72 and 73 of 31 Vict. ch. 68, and sections 67 and 68 of 31 Vict. ch. 12, in conjunction with sections 31, 32 and 33 of the Offences against the Person Act: section 74 of 31 Vict. ch. 68, page 213, &c., &c., &c.
In other parts, are found provisions which seem to cover matters left entirely, by the British North America Act, under the control and legislative powers of the provincial legislatures, and therefore, ultra vires of the Parliament and unconstitutional: attention has been called to the sections
containing these enactments, as well as to others, which seem to contain a legislation entirely new, based on doctrines at all times repudiated by the Criminal Law of England, unknown, before Confederation, in each and every one of the Provinces now constituting this Dominion of Canada, and rejected by perhaps all the modern Codes of the world. An enactment of this kind may be seen in section 110 of the Larceny Act.
To this Volume, so as to make it complete by itself, have been joined a list of the cases cited, a table of contents, a table of Statutes, and a copious index: in fact, no pains have been spared to enhance its usefulness to the practitioner.
The second Volume will consist of the Procedure Act of 1869, with annotations, the general Repeal Act of 1869, and the Acts extending the Criminal Consolidation Statutes to Manitoba, (34 Vict. ch. 14) British Columbia, (37 Vict. ch42) and Prince Edward Island, if this last one is then enacted. But a condition, which must be admitted to be a fair one, is attached to the publication of the second Volume: it is, that the expenses incurred in the publication of the first be reimbursed. The experience of others teaches that, in this Country, one would be greatly mistaken if he expected a pecuniary reward for a law publication, but it would not be just to ask the addition of a pecuniary sacrifice to the no small amount of labour necessarily bestowed on these pages. Fraserville, River du Loup, en bas, P.Q.
2nd November, 1874.
TABLE OF CONTENTS.