The Criminal Code of Canada

Criminal Code of Canada: History England resistant to codification, colonies experimented including India, Honduras, Tobago St Lucia, Jamaica Canada’s Efforts Codification a goal of Sir John A Macdonald set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure Original Criminal Code achieved "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."

Criminal Code of Canada: Selections

Criminal Code of Canada: Common Crimes Robbery 9% Assault Level 1 65% Assaults Level 2 and 3 15% Sexual Assault 8% Other 3%

Criminal Code of Canada: Common Crimes Homicide homicide culpable homicide murder first degree second degree manslaughterinfanticide non-culpable homicide accidentalself-defense Section 231 Planned and deliberate Law enforcement officer In concurrence with other crime Related to criminal harassment While using explosives Related to terrorism All other intentional murder (heat of the moment) unintentional, directly, indirectly by means of unlawful act result if defense of provocation or intoxication used in murder case (mens rea)

Criminal Code of Canada: Common Crimes Assault Level 1 Level 3 Level 2 Severity Punishment Assault direct/indirect intentional force without consent attempting/threatening to apply force Approaching, blocking, begging with weapon/imitation of Assault causing bodily harm committing Assault while using a weapon or causing bodily harm bodily harm: interfere with health/comfort in more than a fleeting way Aggravated Assault committing Assault that wounds, maims, disfigures or endangers life mens rea required: commit bodily harm

Criminal Code of Canada: Offenses and Penalties Indictable Offenses Life Imprisonment Accessory (murder), Criminal negligence causing death, Extortion Mail interference, Sexual assault (aggravated), Terrorism 14 years Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery 10 years Abduction (under 14), Prison breach, Theft over $ years Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling 2 years Abandoning child, Common bawdyhouse, Dueling Summary Offenses 6 months Coin defacing, Impersonating a peace officer, Soliciting Hybrid Offenses False alarm fire, Mailing obscene matter, Uttering threats

Criminal Code of Canada: History Excerpts from Criminal Code (1892) "If a sentence of death is passed upon any woman, she may move in arrest of execution on the ground that she is pregnant. If upon the report of (medical practitioners), it appears to the court that she is so with child, execution shall be arrested until she is delivered of a child, or until it is no longer possible in the course of nature that she be so delivered.” "Whenever whipping may be awarded for any offence... the number of strokes shall be specified in the sentence and the instrument to be used for whipping shall be a cat-o'-nine-tails unless some instrument is specified in the sentence. Whipping shall not be inflicted on any female.” "In all cases where an offender is sentenced to death, the sentence shall be that he be hanged by the neck until he is dead."

"It is too complicated. It is too illogical. It is poorly organized. It is not comprehensive and it is too intrusive. Our Code is no longer worthy of Canadians. We deserve a Criminal Code that is modern, simple, logical, coherent, comprehensive, organized, understandable and restrained." Former President, Canadian Law Reform Commission Criminal Code of Canada: Reform

Legal Research

Purpose: To investigate a topical criminal law-related news event from the legal perspective To become familiar reading and interpreting the Criminal Code of Canada To become familiar with legal research Instructions: From a Canadian newspaper (national or local), select an article that reports on a specific crime. Identify precisely what section of the Criminal Code has been contravened. Read that section and related ones. Summarise the case, the Criminal Code section and the penalties. Discuss the high values/social values that have been contravened, and how those have changed, or will change, over time. Should this section be subject to reform? Why or why not. Be specific. Produce: A one to two page report. Resources: See mscoates.wordpress.commscoates.wordpress.com