Unit 3 The Criminal Code

Student Notes

The Criminal Code:

Reflects the social values of Canadians
Federal statute
Main body of criminal law
Offences listed and described precisely
1.
2.
Violent Crimes:
Sexual Assault 1

Robbery

Assault 2&3

301,875
Violent incidents
Assault 1

Other

property
Violent crimes

Definition: Harm to the human body

Types of violent crimes

24 million
Criminal Code incidents

Unit 3 The Criminal Code

Homicide:

Culpable:

Non-culpable:

Student Notes

Murder: Intentional killing of another person- although can be charged without intent
First Degree

Second Degree

Causation: Cause of death. Necessary to prove causation in order to convict a person of

first-degree murder
Crown must prove that the accused actions resulted in a substantial cause of death
in the victim
Manslaughter

Not murder rather it requires only general intent

Example: Speeding down a road, crash into a little old lady and kill her.
The mens rea - a reasonable person would recognize that the unlawful act could
physically harm or kill the victim.
0-25 years
When someone charged with murder is convicted of manslaughter they can use the
following defences:
1. Provocation:
2. Intoxication:

Infanticide

Unit 3 The Criminal Code

Student Notes

Suicide and Euthanasia

Mercy killing:
Assisting a suicide - controversial
Arguments For

Voluntary euthanasia:

Involuntary euthanasia:

Arguments Against

ISSUE: Should Euthanasia Be Legalized?___________________________________

Dutch law requires the following when euthanizing people:
- The patient must be suffering unbearable pain.
- All other medical options have been exhausted
- Voluntary and informed consent must be obtained
- A second opinion must be obtained by another doctor
- The act of euthanasia must be carefully carried out
1. Express your opinion on this law by commenting on each of the specific requirements
identified above.
2. Outline the arguments for and against the legalization of euthanasia, on the chart
below
Arguments For
Arguments Against

Unit 3 The Criminal Code

Student Notes

3. Express your opinion on the euthanasia debate:

a. Should a person be forced to face an agonizing death without dignity?
b. Should doctors and family members be legally permitted to decide the fate of
a patient who has no hope of recovery?
c. Should the courts decide whether a human being will live or die?
d. Should the law regarding euthanasia be changed?