Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Infanticide

 A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

  • R.S., c. C-34, s. 216.
Marginal note:Manslaughter

 Culpable homicide that is not murder or infanticide is manslaughter.

  • R.S., c. C-34, s. 217.
Marginal note:Punishment for murder
  •  (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Minimum punishment

    (2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.

  • R.S., c. C-34, s. 218;
  • 1973-74, c. 38, s. 3;
  • 1974-75-76, c. 105, s. 5.
Marginal note:Manslaughter

 Every person who commits manslaughter is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

  • R.S., 1985, c. C-46, s. 236;
  • 1995, c. 39, s. 142.
Marginal note:Punishment for infanticide

 Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 220.
Marginal note:Killing unborn child in act of birth
  •  (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Saving

    (2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.

  • R.S., c. C-34, s. 221.
Marginal note:Attempt to commit murder
  •  (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 239;
  • 1995, c. 39, s. 143;
  • 2008, c. 6, s. 16;
  • 2009, c. 22, s. 6.
Marginal note:Accessory after fact to murder

 Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 223.

Suicide

Marginal note:Counselling or aiding suicide

 Every one who

  • (a) counsels a person to commit suicide, or

  • (b) aids or abets a person to commit suicide,

whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 241;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.

Neglect in Child-birth and Concealing Dead Body

Marginal note:Neglect to obtain assistance in child-birth

 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 226.
Marginal note:Concealing body of child

 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 227.

Bodily Harm and Acts and Omissions Causing Danger to the Person

Marginal note:Discharging firearm with intent
  •  (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years; and

    • (b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 244;
  • 1995, c. 39, s. 144;
  • 2008, c. 6, s. 17;
  • 2009, c. 22, s. 7.
 
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