François Lareau, LL.M.
                                                                                  55-890 Cahill Dr. W.
                                                                                  Ottawa, ON,    K1V 9A4

                                                                                  Tel.:     (613) 521-3689
                                                                                  Fax:      (613) 521-4522
                                                                                  e-mail:   flareau@achilles.net
                                                                                  Web page: http:// www.achilles.net/~flareau
 

                                                                                  Ottawa, January 23, 1999
 

The Honourable John Nilson, Q.C.
Minister of Justice and Attorney General - Saskatchewan
Room 30, Legislative Building
Regina, SK,   S4S 0B3
 

Dear Mr. Nilson:
 

Subject: Reform of the General Part of the Criminal Code
 
 

          Like me, you have recently read the Hon. Anne McLellan's letter dated January 19, 1999 on the reform of the General Part (copy attached).
 
          In my opinion and with respect, the Hon. McLellan is under the mistaken impression that one can reform the General Part in a piecemeal approach.  We all know what a disjointed approach to law reform can do.  To give an example, the Ontario government wants the federal government to lower the age a child can be convicted of certain offences (s. 13 of the Criminal Code).  This is a matter of principle rightly belonging to the General Part of the Criminal Code.  This issue of the minimum age for attribution of guilt cannot be resolved in isolation from other matters of the General Part such as duress, self-defence, and sentencing to name but a few.  The real issue is defining a comprehensive concept of a crime which must be reflected in the General Part provisions of the Criminal Code or, as a minimum, reflected in the structure of the General Part.

           In November 1998, the National Criminal Justice Section of the Canadian Bar presented to the Hon. McLellan, their "Submission on Reforming Criminal Code Defences" (a brief on the federal consultation paper on self-defence, defence of property and provocation).  In their submission, the National Criminal Justice Section severely criticized the piecemeal approach to law  reform of the General Part:
 

"The National Criminal Justice Section is strongly of the view that reform of the General Part of the Criminal Code should occur in a comprehensive and principled manner.  The Consultation Paper is focused solely on three problematic defences which it proposes be amended in the absence of tackling the broader problem of recodifying the General Part.  We are concerned that this type of incrimental approach is  inherently problematic.  It serves to perpetuate a Criminal Code which is archaic, incomplete, poorly organized and difficult to understand.  Piecemeal modifications undercut the pressure on the Federal Government to undertake this comprehensive reform.  That said, the National Criminal Justice Section understands that there are no plans to undertake comprehensive reform of the General Part at this time.  Our comments on the proposed options for reform of the Criminal Code defences should be understood within the context of our strong  preference for comprehensive reform."

         For your information, I have started a web page, "Chronology - Towards a Modern General Part of a New Canadian Criminal Code?"  at "chronologie_.htm".  I have posted our correspondence there.   I hope that this chronology and my other web pages on General Part matters will encourage research and promote the importance of the General Part.

           I hope to correspond with you again in the near future.

                                                                                          Sincerely,
 

                                                                                           François Lareau

cc: The Honourable A. Anne McLellan
      Minister of Justice and Attorney General of Canada

      Mr. Morris Rosenberg
      Deputy Minister
      Department of Justice Canada

      Mr. John D.V. Hoyles
      Executive Director
      Canadian Bar Association