THE CRIMINAL CODE OF CANADA

Law 120

• Federal Statute that reflects the social values of Canadians which is amended (changed) to reflect society’s changing values.• internet distribution of child

pornography• removal of criminal record for personal

possession of Marijuana.

WHAT IS THE CRIMINAL CODE OF CANADA?

• The Criminal Code is the main body of criminal law and identified hundreds of acts that are considered criminal. The offences listed in the Code are worded very precisely so that citizens are not wrongfully arrested on a criminal charge. The elements required by the Crown must be worded precisely so that they can obtain a proper conviction.

WHAT IS THE CRIMINAL CODE OF CANADA?

• Violent crimes are offences that harm the human body in some way.• Approximately 13 percent of all

Criminal Code offences are of a violent nature.–Homicide–Murder

VIOLENT CRIMES

• The Criminal Code defines homicide in the following way.

• 222. (1) A person commits homicide when directly or indirectly, by any means, causes the death of a human being.

• Two main types of homicide:– culpable (‘blameable’) – killing for which the

accused can be held legally responsible. Ex. Murder, infanticide, manslaughter

– non-culpable – killing for which the accused can not be held legally responsible. Ex. Accident, soldier under orders during war, self-defence

HOMICIDE

• Homicide– Killing another human being, directly or

indirectly is homicide. Homicide is a criminal offence if it is culpable (deserving of blame) Murder, manslaughter and infanticide are culpable homicide. Non-culpable homicide is not criminal and occurs when death is caused by a complete accident or in self-defence.

VIOLENT CRIMES

• Murder• The most serious violent crime is

murder. An accused may be found guilty even if he/she did not have intent to kill.

• ex. If Ann tries to shoot Bill but her shot kills Fred instead, Ann is still guilty of murder even though she didn’t intent to kill Fred. If Bob wants revenge on Jim by committing arson, and the fire kills May who was in the building, Bob is still charged with murder even though he didn’t have intent to hurt May.

VIOLENT CRIMES

• In Canada there are two classes of murder: first-degree murder and second-degree murder.

• First-degree murder occurs if any one of the following situations exists:–murder is planned and deliberate. ex.

murder for hire planned and deliberate are not the same. Planned refers to a “scheme or design” that has been thought out carefully. The person must have carefully considered and weighed the consequences of his/her actions. Deliberate means considered and not impulsive.

VIOLENT CRIMES

• victim is a law enforcement agent, such a police officer or someone working in a prison.

• death occurs while another offensive crime is being committed. i.e. hijacking, sexual assault, threats or causing bodily harm to a third party, kidnapping

• murder caused while committing or attempting to commit and offence related to criminal harassment.

• murder committed while using explosives to commit an offence in association with a criminal organization

• murder committed while committing, or attempting to commit, an indictable offence that could also be considered a terrorist activity.

VIOLENT CRIMES

•Murder that does not fit into any of the above categories, but is still caused intentionally, is classified as second-degree. The minimum sentence for both first-degree and second-degree murder is life imprisonment.

VIOLENT CRIMES

• The mandatory sentence for both first degree and second degree murder is life imprisonment. The only difference is the date at which the offence can apply for parole. Generally, anyone convicted of first-degree murder has to serve 25 years in prison before qualifying for parole. An offender convicted of second degree murder can usually apply for parole after serving 10 years.

HOMICIDE SENTENCING

• Infanticide is the killing of a newborn by his or her mother. An infanticide charge means the accused has not yet recovered from the effects of childbirth and is suffering from depression or mental disturbance. The maximum punishment is imprisonment for 5 years. Infanticide is seldom seen in the courts.

INFANTICIDE

• The Criminal Code defines manslaughter as any culpable homicide that is not murder or infanticide. The actus reus of manslaughter consists of killing someone through a wrongful act, even if the killing of the individual was not intentional.

MANSLAUGHTER

• Ex. Nelson and Jimbo are fighting in a barroom brawl. Nelson punches Jimbo in the jaw, knocking him backwards and causing him to hit his head on the edge of the pool table. Jimbo dies later that night from internal sxbleeding caused by the severe concussion. Nelson wanted to him Jimbo but didn’t mean to kill him but Jimbo died as a direct result of Nelson’s actions. Nelson will be arrested and charged with manslaughter.

MANSLAUGHTER

• The mens rea of this offence is that any reasonable person could have foreseen that the wrongful act would pose a risk of bodily harm that was neither insignificant nor temporary. To be found guilty of manslaughter, the offender did not foresee that the wrongful act could result in death.

MANSLAUGHTER

• Sometimes, people charged with murder are convicted of manslaughter. This happens if the accused successfully uses one of two defences:

1. Provocation– It must be shown that the accused caused another’s death “in the

heat of passion caused by sudden provocation.” The provocation must be a wrongful act or insult, and must be something that would cause an ordinary person to lose self-control (except for drugs and alcohol). If, after being provoked, the accused has time to plan the killing of the other person, the charge will be murder not manslaughter.

2. Intoxication– Intoxication is often significant in murder cases because being

drunk or “high” can affect a person’s ability to predict the consequences of his or her intentions. The Crown must prove both the killing and the necessary intent if the accused uses intoxication as a defence. If there is doubt as to the ability to form the necessary intent because the accused ingested alcohol or drugs, the accused must be found guilty of manslaughter, not murder.

MANSLAUGHTER

• It is an offence to counsel or help anyone to commit suicide. Until 1972, it was also an offence to attempt suicide. Assisted suicide is a controversial issue. • Some chronically ill people have

argued they have the right to assistance if they want to end their suffering. Disability groups often oppose legalizing assisted suicide because they believe peoplewho have disabilities may be pressured to end their lives.

SUICIDE AND EUTHANASIA

• A related issue is euthanasia (mercy killing). This means one person acts to end the life of another. There are different levels of consent for euthanasia: voluntary and involuntary euthanasia. Voluntary euthanasia occurs when a patient expresses the wish to die either in writing or verbally. Involuntary euthanasia would occur if the individual is unable to make his/her wishes known or does not want to die despite his/her condition.

SUICIDE AND EUTHANASIA

• Assisted suicide, voluntary and involuntary suicides are all considered homicide under the Criminal Code. However, cases involving elderly, disabled spouses are often dealt with compassionately by the courts. Under Canadian law, patients are allowed to refuse treatment if they are of sound mind. The problem is if the patient is not of sound mind. Patients are encouraged in some provinces to sign care directives so their guardians will know what they want. Without a care directive, legal guardians and physicians make the decisions based on medical ethics and human rights legislation.

SUICIDE AND EUTHANASIA

• The most common form of violent crime is assault (76% of all reported violent crimes). The Criminal Code classifies assault according to three levels.1. Assault2. Assault with a weapon

or causing bodily harm3. Aggravated Assault

• Level one of assault is a hybrid offence and carries a maximum penalty of 5 years’ imprisonment. Ex. Pushing someone or threatening someone with violence.

ASSAULT

• Words by themselves cannot be considered an assault; they must be accompanied by an act or gesture. Assault occurs when any one of the following occurs:– Intentionally applying force to another

person, either directly or indirectly, without that person’s consent.

– Attempting or threatening by act or gesture to apply force.

– Accosting or impeding another person, or begging, while opening wearing or carrying a weapon or an imitation of a weapon

ASSAULT

• Level two of assault is assault with a weapon or causing bodily harm. This type of assault is defined as injuring a person in a way that serious consequences for the victim’s health or comfort. It may also involve carrying, using, or threatening to use a weapon. This is a hybrid offence and carries a maximum penalty of 10 years’ imprisonment.

ASSAULT

• Level three of assault is the most violent form and is called aggravated assault. Aggravated assault is defined as wounding, maiming, disfiguring, or endangering the life of the victim. This is an indictable offence and carries a maximum penalty of 14 years in prison.

ASSAULT