Criminal Code Offences Chapter 7 Lesson 48 CLN 4CR

Criminal Code Offences Terms: Assisted suicide Assault Break and enter Controlled substance Fraud Homicide manslaughter Murder Robbery Sexual assault Soliciting Street racing theft

The Criminal Code A federal statute that reflects current social values Criminal courts interpret old laws to update their implementation Criminal law = Criminal code + judicial precedent Criminal laws are the same across Canada Are always being examined by gov’t

Criminal code first enacted in 1892... Times have changed! Changes in technology, values, etc. have forced changes Continuing debate about the role of judges in applying meaning to (interpreting) laws.

Violent Crimes Homicide Assault Sexual Assault Abduction Robbery

Homicide Homicide is directly or indirectly killing another human being It is criminal if it is “culpable” (deserving of blame) Culpable Homicide: murder, manslaughter, infanticide Non-culpable Homicide: accident, self-defence

Types of Homicide (page 219) Culpable Homicide Murder First Degree Second Degree Manslaughter Infanticide Non-culpable Homicide accident Self-defence

Murder Conditions for First Degree Murder Planned and deliberate The victim is a law-enforcement agent The death occurs while another crime is being committed The death occurs while using explosives to commit an offence in association with a criminal organization

The death occurred while committing what could be considered a terrorist activity

Second Degree Murder: If it is still intentional but does not fall into one of the above categories The minimum sentence for both first and second degree murder is life imprisonment

Is not murder—requires only general intent Manslaughter Defined as causing death, directly or indirectly, by means of an unlawful act Is not murder—requires only general intent eg: a vehicular accident that results in death

Assisted Suicide/Doctor Assisted Death A criminal offence to attempt suicide until 1972 It is an offence to a) counsel someone to commit suicide and b) help someone commit suicide We now have Bill C-14 (MAiD: medical assistance in death), passed in June 2016

Important Cases: Sue Rodriguez (1992): Hoped someone would be able to help her end her life SCC decided against her Committed suicide in 1994 Carter v Canada

Robert and Tracy Latimer (1993): Father killed disabled daughter Found guilty of 2nd degree murder ‘compassionate homicide’?

Infanticide a mother who kills her newborn while still recovering from the pregnancy and birth a psychological situation courts have ruled that it really is a compromise on a murder charge as the sentence isn’t as harsh

Task: R v Nette (page 220)

http://ojen.ca/wp-content/uploads/2017/02/5.-Carter-v-Canada.pdf http://nationalpost.com/news/canada/canadas-infanticide-law-vague-outdated-and-rife-with-problems-alberta-government