The Criminal Code of Canada

Unit 3

What is the Criminal Code of Canada?

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

Ex. New Prostitution Laws

What is the Criminal Code of Canada?

Criminal Code is the main body of criminal law and identified hundreds of acts that are considered criminal.

Offences listed in the Code are worded precisely so that citizens are not wrongfully arrested on a criminal charge.

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

Background of the Criminal Code

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

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

law, archaic local offenses, and harsh punishments

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

Criminal Code 1892– Canada receives first Criminal

Code Sir John A. MacDonald believed in a

unified system for the whole country 1st Criminal Code was very unclear and

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

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

Criminal Code Current criminal code the result of

numerous amendments to accommodate changing of times Abortion was a crime until 1988 Attempting to commit suicide was once a

crime At one point in time, incest was not a

crime Law is a reflection of changing values.

Criminal CodeContains 28 parts and includes a range of

offenses

Canada is different from the United States US- felonies and misdemeanor offenses Canada- Indictable, summary and hybrid

offenses

Violent Crimes Violent crimes are offences that harm

the human body in some way

Approx. 13% of all criminal code offences are of violent nature

Homicide Murder

Homicide 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

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.

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.

Murder 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. Deliberate means considered

and not impulsive.

1st Degree Murder 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.

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.

Homicide Sentencing 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.

Still Homicide but not murder: Infanticide

Infanticide is the killing of a newborn by his or her mother. 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 5 years imprisonment.

Still Homicide but not murder: Manslaughter 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 bleeding caused by the severe concussion.

Nelson wanted to hit 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.

Assault 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.