Federal Statute (law) that reflects the Federal Statute (law) that reflects the social values of Canadians which is social values of Canadians which is amended (changed) to reflect society’s amended (changed) to reflect society’s changing values.changing values.• E.g. Prostitution law has changed and E.g. Prostitution law has changed and

much of the activity is now legal.much of the activity is now legal.

Criminal Code is the main body of Criminal Code is the main body of criminal law and identified hundreds of criminal law and identified hundreds of acts that are considered criminal. acts that are considered criminal. • Offences listed in the Code are worded Offences listed in the Code are worded

precisely so that citizens are not precisely so that citizens are not wrongfully arrested on a criminal charge.wrongfully arrested on a criminal charge.

• Elements required by the Crown must be Elements required by the Crown must be worded precisely so that they can obtain a worded precisely so that they can obtain a proper conviction.proper conviction.

Background Of The Criminal CodeBackground Of The Criminal Code

Canada’s criminal code is rooted in Canada’s criminal code is rooted in common law of Englandcommon law of England

Up to the 18Up to the 18thth Century, England still Century, England still did not have a Criminal Code. did not have a Criminal Code. • English law was a confusing mix of case English law was a confusing mix of case

law, archaic local offenses, and harsh law, archaic local offenses, and harsh punishmentspunishments

A written codified Criminal Code was A written codified Criminal Code was seen to be the solution.seen to be the solution.

Criminal CodeCriminal Code 1892– Canada receives first Criminal 1892– Canada receives first Criminal

CodeCode• Sir John A. MacDonald believed in a Sir John A. MacDonald believed in a

unified system for the whole countryunified system for the whole country• 11stst Criminal Code was very unclear and Criminal Code was very unclear and

contained many overly harsh punishmentscontained many overly harsh punishments Eg. WhippingEg. Whipping ““Where whipping may be awarded for any Where whipping may be awarded for any

offense…the number of strokes shall be offense…the number of strokes shall be specified at sentencing”specified at sentencing”

Criminal CodeCriminal Code

Current criminal code the result of Current criminal code the result of numerous amendments to numerous amendments to accommodate changing of timesaccommodate changing of times• Abortion was a crime until 1988Abortion was a crime until 1988• Attempting to commit suicide was once a Attempting to commit suicide was once a

crimecrime• At one point in time, incest was not a At one point in time, incest was not a

crimecrime Law is a reflection of changing values.Law is a reflection of changing values.

Criminal CodeCriminal Code

Contains 28 parts and includes a range of Contains 28 parts and includes a range of offensesoffenses

Canada is different from the United StatesCanada is different from the United States• US- felonies and misdemeanour offensesUS- felonies and misdemeanour offenses• Canada- Indictable, summary and hybrid Canada- Indictable, summary and hybrid

offensesoffenses

Violent crimes are offences that harm Violent crimes are offences that harm the human body in some way.the human body in some way.

Approximately 13 percent of all Approximately 13 percent of all Criminal Code offences are of a violent Criminal Code offences are of a violent nature.nature.• HomicideHomicide• MurderMurder

The Criminal Code defines homicide in the The Criminal Code defines homicide in the following way.following way.

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

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

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

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

HomicideHomicide Killing another human being, directly or Killing another human being, directly or

indirectly is homicide.indirectly is homicide. Homicide is a criminal offence if it is culpable Homicide is a criminal offence if it is culpable

(deserving of blame)(deserving of blame) Murder, manslaughterMurder, manslaughter and and infanticideinfanticide are are culpable homicide.culpable homicide.

Non-culpable homicideNon-culpable homicide is not criminal and is not criminal and occurs when death is caused by a complete occurs when death is caused by a complete accident or in self-defence.accident or in self-defence.

MurderMurder• The most serious violent crime is The most serious violent crime is

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

ex. If Ann tries to shoot Bill but her shot kills Fred ex. If Ann tries to shoot Bill but her shot kills Fred instead, Ann is still guilty of murder even though she instead, Ann is still guilty of murder even though she didn’t intent to kill Fred. didn’t intent to kill Fred.

If Bob wants revenge on Jim by committing arson, and If Bob wants revenge on Jim by committing arson, and the fire kills May who was in the building, Bob is still the fire kills May who was in the building, Bob is still charged with murder even though he didn’t have intent charged with murder even though he didn’t have intent to hurt May.to hurt May.

In Canada there are two classes of murder: In Canada there are two classes of murder: first-degree murderfirst-degree murder and and second-degree second-degree murdermurder..• First-degree murder occurs if any one of the First-degree murder occurs if any one of the

following situations exists:following situations exists: murder is planned and deliberate. murder is planned and deliberate. ex. murder for hireex. murder for hire planned and deliberate are planned and deliberate are

not the same. not the same. • Planned refers to a “scheme or design” that has Planned refers to a “scheme or design” that has

been thought out carefully. been thought out carefully. • Deliberate means considered Deliberate means considered

and not impulsive.and not impulsive.

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

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

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

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

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

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

The mandatory sentence for both The mandatory sentence for both first degree and second degree first degree and second degree murder is life imprisonment. murder is life imprisonment. The only difference is the date The only difference is the date at which the offence can apply at which the offence can apply for parole. for parole. • Generally, anyone convicted of first-degree Generally, anyone convicted of first-degree

murder has to serve 25 years in prison before murder has to serve 25 years in prison before qualifying for parole. qualifying for parole.

• An offender convicted of second degree murder An offender convicted of second degree murder can usually apply for parole after serving 10 can usually apply for parole after serving 10 years.years.

Infanticide is the killing of a newborn Infanticide is the killing of a newborn by his or her mother. by his or her mother. • Infanticide charge means the accused has Infanticide charge means the accused has

not yet recovered from the effects of not yet recovered from the effects of childbirth and is suffering from depression childbirth and is suffering from depression or mental disturbance. or mental disturbance.

• The maximum punishment is 5 years The maximum punishment is 5 years imprisonment. imprisonment.

The Criminal Code The Criminal Code defines manslaughter defines manslaughter

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

Ex. Nelson and Jimbo are Ex. Nelson and Jimbo are

fighting in a barroom brawl.fighting in a barroom brawl.

• Nelson punches Jimbo in the jaw, knocking him Nelson punches Jimbo in the jaw, knocking him

backwards and causing him to hit his head on the edge backwards and causing him to hit his head on the edge of the pool table. of the pool table.

• Jimbo dies later that night from internal bleeding Jimbo dies later that night from internal bleeding caused by the severe concussion.caused by the severe concussion.

• Nelson wanted to hit Jimbo but didn’t mean to kill him Nelson wanted to hit Jimbo but didn’t mean to kill him but Jimbo died as a direct result of Nelson’s actions. but Jimbo died as a direct result of Nelson’s actions.

• Nelson will be arrested and charged with manslaughter.Nelson will be arrested and charged with manslaughter.

The most common form of violent crime is The most common form of violent crime is assault (76% of all reported violent assault (76% of all reported violent crimes). The Criminal Code classifies crimes). The Criminal Code classifies assault according to three levels.assault according to three levels.1.1. AssaultAssault

2.2. Assault with a weapon Assault with a weapon or causing bodily harmor causing bodily harm

3.3. Aggravated AssaultAggravated Assault Level one of Level one of assaultassault is a hybrid offence is a hybrid offence

and carries a maximum penalty of 5 years’ and carries a maximum penalty of 5 years’ imprisonment. Ex. Pushing someone or imprisonment. Ex. Pushing someone or threatening someone with violence. threatening someone with violence.

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

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

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

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

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

penalty of 10 years’ penalty of 10 years’

imprisonment.imprisonment.

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