Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-31 and last amended on 2015-03-31. Previous Versions

Marginal note:Causing bodily harm by criminal negligence

 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 204.

Homicide

Marginal note:Homicide
  •  (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.

  • Marginal note:Kinds of homicide

    (2) Homicide is culpable or not culpable.

  • Marginal note:Non culpable homicide

    (3) Homicide that is not culpable is not an offence.

  • Marginal note:Culpable homicide

    (4) Culpable homicide is murder or manslaughter or infanticide.

  • Marginal note:Idem

    (5) A person commits culpable homicide when he causes the death of a human being,

    • (a) by means of an unlawful act;

    • (b) by criminal negligence;

    • (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or

    • (d) by wilfully frightening that human being, in the case of a child or sick person.

  • Marginal note:Exception

    (6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.

  • R.S., c. C-34, s. 205.
Marginal note:When child becomes human being
  •  (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 severed.

  • Marginal note:Killing child

    (2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.

  • R.S., c. C-34, s. 206.
Marginal note:Death that might have been prevented

 Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.

  • R.S., c. C-34, s. 207.