The first Canadian criminal code was enacted in 1892. The legislation was based on an English bill, drafted in the U.K. in 1878 by James Stephen . The bill died on the order paper following second reading in the House of Commons. By the time the Canadian code was incorporated into the Revised Statutes of Canada 1927, it had grown to 1152 sections. In 1949, a commission was established to revise the code. See below for a chronological history of the revision, from the creation of the revision commission to the draft legislation and eventual enactment of the new code.
Legislative history 1949-1955
Date
Legislative body
Document
description
February 3, 1949
Criminal Code Revision Commission established
P.C. 1949 - 527
Establishes the commission and appoints members of the committee
September 26, 1950
Commission reorganized
P.C. 68/4633
May 10, 1951
Second commission established
P.C. 2275
Committee given terms of reference and authorized to prepare draft bill
February 22, 1952
Minister of Justice
Report of royal commission on the revision of criminal code presented to the Minister of Justice
Report contains draft legislation
April 7, 1952
House of Commons
Report tabled by Minister of Justice
May 12, 1952
Senate
Bill H-8, An act respecting Criminal Law introduced
See comments by Minister of Justice on decision regarding Senate review prior to introduction in House of Commons
May 15, 1952
Senate
Bill H-8 referred to Senate Banking and Commerce Committee subcommittee
June 20, 1952
Senate
Report of Senate Banking and Commerce Committee subcommittee
“Recommend bill not be further proceeded with at the present session”
Summer 1952
Department of Justice
Department of Justice revises bill
November 20, 1952
Parliament recalled
7th session, 21st Parliament
November 24, 1952
Senate
Bill O (letter), An Act respecting Criminal Law, introduced
Identical to House of Commons Bill 93 introduced later in the session
November 25, 1952
Senate
Bill O referred to Senate Banking and Commerce Committee subcommittee
December 16, 1952
Senate
Report of Senate Banking and Commerce Committee subcommittee
Reported with 116 amendments, see appendix
December 17, 1952
Senate
Bill O third reading
Passed with additional amendments
January 13, 1953
House of Commons
Bill 93, An Act respecting Criminal Law, introduced
Identical to Bill Letter O (Senate)
January 23, 1953
House of Commons
Bill 93 second reading
Text in Hansard summarizes revision process, lists members of committees, contains short discussion on some amendments and acknowledges extensive Senate work on revision
January 23, 1953
House of Commons
Bill 93 Referred to special committee
February 5, 1953
House of Commons
First report of the special committee tabled
Procedural matters for committee set down
May 1, 1953
House of Commons
Second report tabled
Clause by clause review
May 4, 1953
House of Commons
Third/final report tabled
Summer 1953
Parliamentary session ends
Election called.
Bill 93 dies on order paper.
November 12, 1953
Parliament resumes
1st Session, 22nd Parliament
November 16, 1953
House of Commons
Bill 7, An Act respecting Criminal Law, introduction & first reading
Bill 7 “is the same bill as that which was passed … December 1952 with amendments as recommend by the special committee in May 1953”
December 15, 1953
House of Commons
Bill 7, 2nd reading
January – April 1954
House of Commons
Committee of the whole reviews Bill 7
Clause by clause debate
April 8, 1954
House of Commons
Bill 7 passed with amendments
May 1954
Senate
Bill 7, as amended, referred back to the Senate for approval
Debated by Senate and special committee.
Passed with “less than a dozen relatively minor amendments”
June 15, 1954
House of Commons
Bill 7 returned to House of Commons
Senate amendments accepted
June 26, 1954
Bill 7 receives Royal Assent
Criminal Code, S.C.1953-54, c. 51
April 1, 1955
Criminal Code, S.C. 1953-54, c. 51 proclamation
Sessional paper 66b - 1952
Bill missing from our print collection, reprinted Senate Debates, (May 14, 1952) at 226
Senate Debates, (May 13, 1952) at 207 (Hon. Stuart S. Garson, Q.C. Minister of Justice)
Senate Debates, (June 20, 1952) at 479
Senate Debates, (December 16, 1952) at 146
Senate Debates, (December 16, 1952) at 153
Senate Debates, (December 17, 1952) 161 to 168
House of Commons Debates (January 13, 1953) at 931
House of Commons Debates (January 23, 1953) 1272 to 1278, 1287 to 1302
House of Commons Debates (January 23, 1953) 1272 to 1276, 1301 to 1302
House of Commons Debates (January 23, 1953) at 1303
Royal Commission Report reprint, p. 47
Royal Commission Report reprint, p. 48
Royal Commission Report reprint, p.61
House of Commons Debates, 1953-54 Session page 32
House of Commons Debates, 1953-54 Session page 946 (Hon. Stuart S. Garson, Q.C.)
House of Commons Debates, 1953-54 Session p.939-943 (Hon. Stuart S. Garson, Q.C.)
House of Commons Debates, 1953-54 Session, p. 3920-3927
MacLeod, A.J. and Martin, J. C. The Revision of the Criminal Code, (1955) 33 Canadian Bar Review 3
House of Commons Debates, 1953-54 Session, p. 5973-5979
Canada Gazette. 1954.I.3297, 1954.10.2, also printed in extra 1954.9.20
· Canada. Royal Commission on the Revision of the Criminal Code. Report of Royal Commission on the Revision of the Criminal Code. Ottawa: Queens Printer, 1954 (available in the Vancouver Courthouse Library)
- This 1954 reprint includes the commission report, table of contents for the draft bill, four reports of the special committee of the House of Commons and concordance tables.
· Law Reform Commission of Canada. Recodifying Criminal Law, volume 1. Report 30. Ottawa: LRC, 1986 (available in most BC courthouse libraries)
· Law Reform Commission of Canada. Recodifying Criminal Law. Report 31. Ottawa: LRC, 1987 (available in most BC courthouse libraries)
- Revised and enlarged edition of Report 30
· Martin, William M. Revision of the Criminal Code. (1949) 27 Canadian Bar Review 707 (No. 6) (available in Vancouver, regional and other courthouse libraries)
- Lists the committee members and the intention of the review.
· MacLeod, A.J. and Martin, J. C. The Revision of the Criminal Code, (1955) 33 Canadian Bar Review 3 (No. 1) (available in Vancouver, regional and other courthouse libraries)
- Overview includes key dates.