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Common Law Expansions of Criminal Liability
From: Sovereignty, Restraint, and Guidance
$4.30
Chapter 3 considers the Supreme Court’s underdeveloped approach to section 8(3) of the Criminal Code, which preserves common law “justifications and excuses.” Although the Supreme Court’s decision in Jobidon suggests a broad judicial power under section 8(3) to expand the ambit of criminal offences, that aspect of the ruling has been quietly disavowed by the courts in a number of cases and contexts. The better view is that section 8(3) preserves only a narrow role for the common law.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
