Week 12

EUTHANASIA
REVIEW & BACKGROUND
Background Is killing, even if by consent, murder? Is there a right to death? Video: The Fifth Estate: Last Right Introduced 2 private members bills 1. Amend CC to allow doctors to help patients 2. Set up monitoring system; data collection What is murder? o Type of homicide

HOMICIDE OFFENCES
Common to all homicide offences Act of causing death of human being o CC 223 (1): A child becomes a human being within the meaning of this Act, when it has completely proceeded, in a living state, from the body of its mother, whether or not a) It has breathed b) It has an independent circulation; or c) The navel string is served Culpable Homicide 2 types: murder, manslaughter, infanticide Different from non-culpable homicide o Justified killings (ex. Self defence) Causation & Homicide Scope of responsibility o Ex. Stabbed, but because of remote location cannot receive treatment; would have otherwise lived, but in this instance it is homicide o Thin skull rule Significant contributing cause of death o Manslaughter even if death not foreseeable o R v Nette [2001] Substantial Cause Relates to some types of first degree murder Considered a higher threshold of causation: more strict causation test Causes death when committing other crime (ex. Sexual assault, terrorist act, harassment) When death is caused by that person Does not apply to: o Contract killings: That person who hired the contractor would not

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have caused death -- did not commit crime o Killing police or guards: first degree murder automatically. Requires accused play physical role in death 2 tests: significant (Nette) or substantial o Potentially confusing doe juries R v Harbottle Facts Issue Decision Reason Relevance Breaking the Chain of Causation Some causes can break the chain Death still primarily caused by accused Is death reasonably foreseeable Remoteness of cause causes reasonable doubt: scope of responsibility o Ex. Victim is shot, but they survived. Victim dies as a result of blood clot a few days later. Is blood clot related to shooting or cocaine ingested before death

MURDER AND ASSISTED SUICIDE

Murder CC 229: Means to cause death 1st degree: 25 years served, then possible parole 1st and 2nd degree: mandatory life sentences Reduced to manslaughter if provocation found Higher subjective fault requirement o Knowledge victim would die o Intent to cause bodily harm is not enough Required because of life sentence o Triggers Charter s 7 concerns R v Martineau Facts Issue Decision Reason Relevance Death and Consent Still a crime to cause death even if consented to Can be prosecuted by murder o (theres a great deal of prosecutorial discretion) CC s 241: offence to counsel, aid or abet in the suicide of another person o Wanted to remove o Prison up to 14 years

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Rodriguez v BC Facts Issue Decision Reason Relevance

Recap Current controversy Common features of homicide offences Causation and homicide/thin skull/Nette Significant or substantial cause Murder and the higher threshold Assisted suicide as murder