Reconceptualizing De Minimis Non Curat Lex

(2017) 64:1 Criminal Law Quarterly 200

24 Pages Posted: 16 Apr 2018

See all articles by Colton Fehr

Colton Fehr

University of Saskatchewan - College of Law

Date Written: January 1, 2016

Abstract

The de minimis defence has been preserved under section 8(3) of the Criminal Code, which allows courts to preserve common law defences that are not inconsistent with any federal statutes. To be preserved, however, a defence must be a "justification, excuse, or other defence". I contend that the de minimis defence does not meet any of these definitions. The defence may, however, be preserved under section 7 of the Charter, which provides that criminal laws must not be able to deprive accused persons of liberty in a manner that is grossly disproportionate with a criminal offence's objective. Preserving the defence under the Charter, I maintain, provides the defence with a more cognizable and less indeterminate foundation.

Keywords: defences, de minimis non curat lex, justification, excuse

JEL Classification: K14

Suggested Citation

Fehr, Colton, Reconceptualizing De Minimis Non Curat Lex (January 1, 2016). (2017) 64:1 Criminal Law Quarterly 200, Available at SSRN: https://ssrn.com/abstract=3156665

Colton Fehr (Contact Author)

University of Saskatchewan - College of Law ( email )

Saskatoon, Saskatchewan
Canada

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