The earliest origins of the common law criminal code is Edward Livinston’s Draft Code for Louisiana in 1826. In 1837, Thomas Babington Macauley then used this to create the Model Penal Code, which was introduced to India in 1860.
All common law criminal codes have their origin either in this penal code, or in St. Lucia Criminal Code of 1889 or the Queensland Criminal Code of 1899. The Model Penal Code is still used in India, Pakistan, Sri Lanka, the Sudan and Northern Nigeria.
During the Canadian confederation in 1867, John A. MacDonald was determined to to avoid adopting the dispirate English system, and instead have a unified, federal code. By 1869, a series of nine statutes were passed for the following offences:
- coinage offences
- forgery
- offences against the person
- larceny
- malicious injuries to property
- perjury
- procedure
James Fitzjames Stephen, who studied in India, presented a draft code in 1879 to the Royal Commission based on the Model Penal Code. This then formed the basis of the Canadian Criminal Code, enacted in 1892.
A major reform was conducted in 1955, which reduced the number of provisions from 1100 to 753 and abolished common law offences that co-existed. However, the origins of the modern Criminal Code still can be found outside of Canada – interestingly enough in India – where it is still used.
Resources
H. F. Morris. (1970). How Nigeria Got Its Criminal Code. Journal of African Law, Vol. 14, No. 3. pp. 137-15
