Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-29 and last amended on 2014-09-19. Previous Versions

Marginal note:Death from treatment of injury

 Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.

  • R.S., c. C-34, s. 208.
Marginal note:Acceleration of death

 Where a person causes to a human being a bodily injury that results in death, he causes the death of that human being notwithstanding that the effect of the bodily injury is only to accelerate his death from a disease or disorder arising from some other cause.

  • R.S., c. C-34, s. 209.

 [Repealed, 1999, c. 5, s. 9]

Marginal note:Killing by influence on the mind

 No person commits culpable homicide where he causes the death of a human being

  • (a) by any influence on the mind alone, or

  • (b) by any disorder or disease resulting from influence on the mind alone,

but this section does not apply where a person causes the death of a child or sick person by wilfully frightening him.

  • R.S., c. C-34, s. 211.

Murder, Manslaughter and Infanticide

Marginal note:Murder

 Culpable homicide is murder

  • (a) where the person who causes the death of a human being

    • (i) means to cause his death, or

    • (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;

  • (b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or

  • (c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.

  • R.S., c. C-34, s. 212.
Marginal note:Murder in commission of offences

 Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

  • (a) he means to cause bodily harm for the purpose of

    • (i) facilitating the commission of the offence, or

    • (ii) facilitating his flight after committing or attempting to commit the offence,

    and the death ensues from the bodily harm;

  • (b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or

  • (c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.

  • (d[Repealed, 1991, c. 4, s. 1]

  • R.S., 1985, c. C-46, s. 230;
  • R.S., 1985, c. 27 (1st Supp.), s. 40;
  • 1991, c. 4, s. 1.