Law 12
Unit 3 –The Criminal Code (A).
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The Criminal Code
Content:
 Introduction (5.1)
 Violent Crimes (5.2)
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Introduction – The Criminal Code
 Criminal code
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Reflects the social values of Canadians
Federal statute
Main body of criminal law
Offences listed and described precisely
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To ensure people are not arrested on a criminal
charge if they are involved in non-criminal matter
To ensure someone is not set free on a
technicality
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Introduction – The Criminal Code
cont.
 301,875 Violent incidents
Criminal Code Incidents
(2000)

Other 3%
Sexual
Assault
8%
Robbery 9%
Assault
Level 2,3
15%
1
2
Violent Incidents
Assault
level 1
65%
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24 million Criminal
Code incidents
Other 34 %
1
3
4
5
2
Violent
Incidents
13%
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Property 53%
4
Violent Crime In Canada (2007)
Province / Territory
Rate per 100 000 ppl
Alberta
1.9
BC
2.1
Man
2.6
NB
1.3
NFL & Labrador
1.1
NWT
2.4
NS
1.6
Nunavut
10.8
Ont
1.3
PEI
2.2
Quebec
2.0
Sask
2.5
Homicide Rates (2000) Yukon
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6.5
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Homicide in Canada
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Violent Crimes 5.2
Harm to the human body.
 Historically a part of criminal law (Code of
Hammurabi)
 About 13% of all criminal code offences are of
a violent nature.
Including:
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Homicide
Assault
Sexual offences
Abduction
Robbery
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Homicide
homicide
 Killing another human
being, directly or
indirectly, is homicide
Culpable homicide
Accident
 It’s a criminal offence if
it’s culpable (deserving
of blame)
 Murder,
manslaughter, and
infanticide
non-culpable homicide
murder
First
degree
manslaughter
Selfdefence
infanticide
Second
degree
Non-culpable homicide is not criminal and occurs when death is
caused by complete accident or in self- defense
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Murder
1.
First degree
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2.
This is planned &deliberate (considered consequences)
Victim is in law enforcement
Offense occurs offensive crime is being committed
Max Penalty … Life with no parole for 25 years
Second degree (intentional murder yet does not fit into any of
the above categories
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Intentional killing of another personalthough can be charged without intent
The deliberate murder of a human . Not Planned
Max Penalty … 25 years with no parole for 10 years
Causation: Cause of death. Necessary to prove causation in
order to convict a person of first-degree murder
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Crown must prove that the accused actions resulted in a
substantial cause of death in the victim
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Manslaughter
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Causing death of a human, directly or indirectly, by means of an
unlawful act
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Not murder rather it requires only general intent
Example: Speeding down a road, crash into a little old lady and kill
her.
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The mens rea - a reasonable person would recognize that the
unlawful act could physically harm or kill the victim.
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0-25 years
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Manslaughter continued

When someone charged with murder is convicted of
manslaughter
1.
Provocation: In the heart of passion (caused by provocation)
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2.
Provoked by a wrongful act / insult,
Must be something that would cause an ordinary person
to lose self-control (excepting drug / alcohol)
Intoxication: (affects the person’s ability to predict the
consequences of their actions
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Crown must prove both the killing and the necessary
intent if the accused uses the intoxication defence
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Manslaughter continued
The law generally differentiates between levels
of criminal culpability based on the mens rea,
or state of mind
 Voluntary Manslaughter
 occurs when the defendant kills with malice
(intention to kill or cause serious harm), but
there are mitigating circumstances which
reduce culpability
 or when the defendant kills only with an intent
to cause serious bodily harm
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Manslaughter continued
 Involuntary Manslaughter
 is the unlawful killing of a human being
without malice (intent). It is distinguished
from voluntary manslaughter by the absence
of intention.
1. constructive manslaughter
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2.
criminally negligent manslaughter
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It occurs when someone kills, without intent, in
the course of committing an unlawful act
an omission to act when there is a duty to do so
which leads to a death
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Infanticide
 Killing of a newborn by his or her
mother
 Accused not yet recovered from the
effects of child-birth and is suffering
from depression or mental
disturbance (possibly hormones)
 Max sentence: imprisonment 5
years
 Charges seldom seen before the
courts
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Suicide and Euthanasia
 Offence to counsel anyone
to commit suicide or to help
them accomplish the deed
 Until 1972 – offense to
commit suicide
 Assisted Suicide – a
controversial issue
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For
Some
chronically ill
Canadians
believe they
have a right to
be assistance
when they wish
to commit
suicide
Against
Disability rights
groups oppose
believing that
people who
have disabilities
may be
pressured to end
their lives
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Euthanasia
 Mercy killing: A person acts to end another
person’s life
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Assisting a suicide
Voluntary euthanasia – When you help a
terminally ill person (whom has expressed a wish
to die) end their life
Involuntary euthanasia -When you help a
terminally ill person (whom has expressed a wish
to die) end their life
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Agenda
 Pass In: Flashpoint Assignment
 R. v. Kerster Page 151
 Samples of Infanticide and Murder 2
 Is it Manslaughter or Murder?
 R. v. Turner p.229
 R. v. Ewanchuck p.232
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Murder or Infanticide?
 Vancouver (2014)
 Sarah Leung gave birth twice (over the
course of 2 years) in the bathroom of her
parent’s home.
 She killed the babies both times
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Upon giving birth she wrapped the newborns
in a bag and disposed of them.
The first body was discovered by her father,
the second was never actually found.
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Contd.
 Her boyfriend, a visiting student from China named Anson Lin,
was excited to become a father, the court heard, though Leung
hid her relationship and the pregnancy from her parents.
 Leung told police she was panicked by the fear of disappointing
her traditional Chinese family. She apologized in court and said
she felt "unbearable sadness" for what she had done.
 She later told investigators she was afraid of being disowned for
contradicting her family's values, in particular for having sex
outside of marriage.
……..
 She delivered the baby into the toilet, the trial heard. She
cleaned up and put the baby in a plastic bag, though it remains
unclear whether the newborn was alive or dead.
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• Police soon used DNA testing to determine the baby was
Leung's. As she was investigated for the baby's death, Leung
became pregnant again.
• During that pregnancy, her parents knew about her relationship.
But they did not know about the second pregnancy, nor did they
know Leung and Lin had married in secret.
• In March 2010, she again experienced pain early one morning,
and for the second time delivered the baby into a toilet. She
wrapped the baby in plastic and disposed of the bag in a
garbage bin. The body was never found.
• Leung was arrested later that month.
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WHAT SHOULD SHE BE
CHARGED WITH?
1ST DEGREE MURDER
2ND DEGREE MURDER
INFANTICIDE
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END RESULT…
•
She was initially charged with two counts of second-degree
murder, but a jury convicted her of the lesser charge of
infanticide.
• The judge noted the conviction means the jury believed that while Leung
intended to kill the infants, her mind was disturbed when she did so. The
Criminal Code says the infanticide defence is open to a woman who "is
not fully recovered from the effects of giving birth to the child.
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Sentencing…
 The maximum sentence for infanticide is five years, compared
with life for murder. Because the sentences for two counts were
imposed consecutively, the maximum sentence Leung could
have faced was 10 years.
 The Crown argued for an eight-year sentence, while the defence
asked for three years.
 Humphries sentenced Leung to 18 months for the first baby's
death and 42 months for the second. After credit for time in pretrial custody, the total sentence is just under five years.
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MURDER OR
MANSLAUGHTER?
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Toronto Police Lethal Force (2015)
 Constable James Forcillo discharged his
weapon on an 18 year old high school
student (Sammy Yatim) on a streetcar in
Toronto.
 Mr. Yatim boarded a westbound streetcar on Dundas Street
shortly before midnight. For about 10 minutes, he sat quietly and
then suddenly unzipped his pants, exposed his penis and pulled
out a 10-centimetre switchblade. Mr. Yatim swung the knife in
“an arc motion” in front of a female passenger. “The knife did not
touch the woman and she was not cut and not scratched
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Contd.
 The streetcar driver immediately stopped the vehicle and
opened the door for people to get off. He then engaged in a
conversation with Mr. Yatim, who wanted a phone to call his
father, the Crown said.
 The first officers on the scene after passengers called 911 were
Constable Forcillo and his partner. Within seconds, four others
arrived.
 Constable Forcillo, outside the door of the vehicle, drew his
weapon and demanded the young man drop his knife. Mr. Yatim
refused, and mocked police.
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Contd.
 “This standoff between the defendant Forcillo and Sammy Yatim lasted
less than 50 seconds,” the Crown said.
 The officer discharged his weapon three times after Mr. Yatim took a
step forward in the streetcar. One of the first three shots, which struck
Mr. Yatim in the heart, was the cause of death. Another shot from the
initial volley severed his spine and left him paralyzed on the floor of the
vehicle. About five seconds later, the officer fired six more shots, five of
which hit Mr. Yatim in the area of the groin.
 Constable Forcillo will testify at the trial in his defence. And he will
explain that he believed that in the instant before he fired his weapon,
Mr. Yatim had a “tough guy, bring-it-on approach, with an angry look on
his face
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MURDER OR
MANSLAUGHTER? WHY?
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Result…
 Constable Forcillo is on trial on charges of second-
degree murder and attempted murder in the death of
Mr. Yatim.
 Crown attorney Milan Rupic said the “fundamental
issue” for the jury is to decide whether the officer had
“reasonable grounds” to use lethal force.
 “The Crown intends to prove beyond a reasonable
doubt that the shooting of Sammy Yatim was not
necessary and it was not reasonable,” Mr. Rupic
said.
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Challenge: 15 mins
 Can you find a case in the news (either present of
past) that could be murder or manslaughter?
 The judgment may have been made, but when you
present the facts to the class what would they make
of it?
Process:
 Search major newspapers for manslaughter cases.
 Reference your notes for the reasons behind the
charge.
 Present the case to the class without giving away the
charge or the judgment.
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R. V. TURNER P.229
R. V. EWANCHUCK P.232
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Violent Crimes continued
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Assault
 C. Criminal Code has recently amended it’s laws on
assault due to societies growing concern.
 Defined as”applying” intentional force to another
person directly or indirectly without consent.
 Key to assault → Intent. If the action is the result of
carelessness or reflex, rather than intent → no
assault
 A threat can be an assault if there is an ability to
carry it out at the time it is made
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Serious assault (levels 2 and 3), police-reported
rate, 1983 to 2009
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Assault continued
 3 Levels of Assault
Level 3 - Aggravated Assault
Level 2 – Assault Causing Bodily Harm
Level 1 - Assault
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Assault 1
 Applying intentional force to another person, either directly or
indirectly, without that person’s consent
 Attempting or threatening, by an act or gesture, to apply force
 Approaching or blocking the way of another person, while
openly carrying a weapon or an imitation of a weapon
 Harmful words – not an assault if not accompanied with a
gesture
 Consent not necessarily given because someone
participates in an activity
 Olympic Boxer – consents to being hit with gloved fists, not to
being bitten, kicked or eye-gouged.
 Hockey player
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Assault 2 – Causing bodily harm
 When someone, while committing assault,
carries, uses, or threatens to use a weapon
or imitation of a weapon
 Causes ‘bodily harm’
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Anything that interferes with the victim’s health
or comfort in more than a momentary,
insignificant way
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Assault 3 – Aggravated Assault
 Most severe assault
 When a person maims, disfigures, or
endangers the life of the victim
 Mens rea – only to commit bodily harm
 Defense of consent may not be accepted in
some circumstances of this level of assault
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Sexual assault
 Sexual Assault laws rewritten in the 1980s
 Three levels - similar to the 3 levels of assault.
 Important considerations when distinguishing sexual assault
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Conduct must have occurred in a sexual context
Body part touched
Nature of the contact
Situation in with the assault took place
 Actus reus of sexual assault is the sexual touching to which
the victim does not consent
 The mens rea of sexual assault can rest in knowledge that the
victim gave no consent; recklessness; or willful blindness
(perpetrator avoids asking the victim if consent is being given).
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Sexual Assault
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Level 1
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Same as assault 1, except that it occurred in relation
to sexual conduct
Level 2
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272(1) “Every person… who, in committing a sexual assault:
1. Carries, uses or threatens to use a weapon or an imitation
of a weapon
2. Threatens to cause bodily harm to a person other than the
complainant
3. Caused bodily harm to the complainant
4. Is a party to the offence with any other person, is guilty of an
indictable offense and liable… to imprisonment for a term
not exceeding 14 years – general intent offence
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Sexual Assault

Level 1:
 265. (1) A person commits an assault when
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(a) without the consent of another person, he applies force intentionally to
that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to
another person, if he has, or causes that other person to believe on
reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he
accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault,
sexual assault with a weapon, threats to a third party or causing bodily harm
and aggravated sexual assault.
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Sexual Assault continued
 Level 3 Aggravated sexual assault
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Section 273:
(1)
(2)
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Most severe form of sexual assault
Every one who commits an aggravated sexual
assault who, in the committing a sexual assault,
wounds, maims, disfigures or endangers the
life of the complainant
Every person who commits an aggravated
sexual assault is guilty of an indictable offense
and liable… to imprisonment for life.”
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Indirect Sexual Assault
 Indirect sexual harassment incidents usually involve a
secondary victim who has been offended by visual or auditory
conduct. A victim of indirect sexual harassment can be someone
that overhears a lewd joke at work, even though they are not the
subject of it, may read a letter or email that is sexual in nature
and become offended by it, or can also come across an
inappropriate image or photograph, such as on a screen saver
or in an email.
 In addition, indirect sexual harassment can involve someone
who is a witness to the harassment of another individual. They
may take offense or become fearful for their own safety.
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Other Sexual Offenses
 Law protects young people from being pressured into
sexual relationships with older people
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Forbidden to touch for sexual purposes, a part of the
body of a person under 14
Consent irrelevant – unless the accused is less than 3
years older than the victim
Forbidden to touch for sexual purposes…. If you are in
a position of authority, the body of a person under
18, or the person is in a relationship of trust or
dependency with the accused
Not knowing the age of the victim is NOT a valid
defense.
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Other Sexual Offenses continued
General offenses
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Commit bestiality
Commit indecent acts in public places
Commit incest
In the home of a person under 18, participate
in sexual immorality thereby endangering the
morals of the child or rendering the home as
an unfit place for a child to be in
Exploit sexually a person with a mental or
physical disability
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HAVE YOU HEARD OF ANY
ABDUCTION CASES IN THE
NEWS?
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Abduction

Few child abduction cases involve strangers

Abduction: The forcible removal of an unmarried person
under the age of 16 from the care of a parent/guardian
etc….(including foster parents)

Divorce is increasing abduction rates! – different charge

Enticing:
1. When a custodial parent refuses to give access to a child
according to the terms of an agreement
2. When a non-custodial parent detains or runs away with a
child during a time of access
 Defense: a) the other parent gave consent or
b) to protect the child
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Robbery
 Theft involving violence
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Threat of violence
Assault
Use of offensive weapons
Imitation of weapon is accepted by the courts as threat of
violence
Masking or colouring one’s face with the intent to commit an
indictable offense
 Crown bases its case on the threat of violence
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Must prove that the victiprobablem felt threatened
Reasonable and grounds for the fear
 Max = life
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Robbery, police-reported rate,
Canada, 1979 to 2009
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Review (text pages 220-245)
Questions:
What constitutes a violent crime?
Distinguish between culpable and non-culpable homicides
Identify the mens rea and actus reus of murder
Distinguish between first- and second-degree murder and
describe the penalties for each
5.
Identify the mens rea and actus reus of manslaughter
6.
Under what circumstances could a charge of murder be
reduced to manslaughter?
7.
Identify the factors that must be present for a culpable
homicide to be considered infanticide.
8. Distinguish among the three levels of assault
9.
Distinguish among the three levels of sexual assault
10. In what situation is consent not a defence to sexual assault?
1.
2.
3.
4.
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