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 18 th 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  1 st 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 Code  Contains 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.

1 st 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. Assault 2. Assault with a weapon or causing bodily harm 3. 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.