1. Criminal Code Offences Chapter 7
Lesson 48
CLN 4CR

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

3. 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

4. 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.

5. Violent Crimes
Homicide
Assault
Sexual Assault
Abduction
Robbery

6. 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

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

8. 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

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

10. 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

11. 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

13. 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

14. 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

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

16. 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

17. Task:
R v Nette (page 220)