Newfoundland over the years - Copy.docx

There was the revision of the criminal code that was

Info icon This preview shows pages 4–6. Sign up to view the full content.

There was the revision of the criminal code that was done through the Royal Commission. It was later enacted by parliament and it came into force. It provided for a section that allowed for the abolishment of all common law offences. It also sought to remove the offences under the imperial acts and offences that were under all the acts that were done prior to the pre-Confederation. It was made up of statements of general principles that were made up of specific sections to deal with specific offences. It also highlighted the procedure for offering punishment. Despite the implementation of the code, other federal criminal statutes remained in place. They were not abolished. The federal criminal laws were reinforced by a body of provincial laws which can be described as penal. The Constitutional Act assigned jurisdiction to the provinces over various concerns that would include property and civil rights in their provinces. It also allowed for punishment to be imposed on any law being made on the province that was in relation to the matters that would come up. The provinces were allowed to have procedures that were registered in the application of the penal codes. It provided room for the provincial procedural acts to get incorporated into the relevant procedures of the Criminal Code. Newfoundland The province of Newfoundland was incorporated to become part of Canada in 1949 (Justice para 10). It meant that they had to have criminal law changes. They were a resultant of
Image of page 4

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Surname 5 the Royal Commission to offer a revision of the criminal code. They became applicable in the Newfoundland province with the code coming to effect. The early development of the court structure in Newfoundland had intertwinement with the fisheries. The fishermen merchants had a great influence on the imperial policy that regarded the island (Wallace Stewart para 2). There was a dislike for the establishment of the court system. However, due to the great influence from the British that was already exercising, the court system came into effect. It led to the establishment of the supreme court. The court was at first cautious in delivering its mandate. It exercised limited civil jurisdiction and no criminal jurisdiction. Despite that, it provided the basis in which the current court structure of the province is built. Purpose of Criminal Law in Newfoundland The establishment of the Supreme Court was the first measure of delivering criminal justice in Newfoundland. It impacted in the province by ensuring the establishment of a court system that would see the delivery of justice. Its main objective was to maintain justice peace and safety of the society. The criminal law was premised on the belief that some criminal acts needed to get prevented and this would only be achieved through the establishment of a criminal system. It enables the establishment of a criminal law system that will achieves its objective through punishment. The British laws impacted on the province of Newfoundland by establishing a criminal proceedings procedure that would convict those found guilty beyond reasonable doubt. It led to the establishment of a system that would punish conducts that were
Image of page 5
Image of page 6
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern