Professor Alan Mewett on morality and the criminal law

Alan Mewett was one of Canada’s most distinguished legal scholars in the fields of criminal law and evidence. His iconic status extended beyond academia, influencing judicial reasoning, legal education, and public policy in Canada. He quite literally wrote the book on criminal law, co-authoring the first Canadian criminal law textbook, shaping the foundation for modern Canadian legal thought. Much could be written about Mewett’s lasting contribution to Canadian criminal law, but, in this article, my focus will be on his view of the relationship between criminal law and morality – in particular, his arguments for removing private morality from the regulation of sexual offences. I argue that Mewett was ahead of his time and that the reforms and the principles he articulated continue to have purchase for the legal regulation of sex and sexuality today.