Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-06-05 and last amended on 2017-05-18. Previous Versions

Duties Tending to Preservation of Life

Marginal note:Duty of persons to provide necessaries
  •  (1) Every one is under a legal duty

    • (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

    • (b) to provide necessaries of life to their spouse or common-law partner; and

    • (c) to provide necessaries of life to a person under his charge if that person

      • (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

      • (ii) is unable to provide himself with necessaries of life.

  • Marginal note:Offence

    (2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if

    • (a) with respect to a duty imposed by paragraph (1)(a) or (b),

      • (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or

      • (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or

    • (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Presumptions

    (4) For the purpose of proceedings under this section,

    • (a) [Repealed, 2000, c. 12, s. 93]

    • (b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;

    • (c) evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and

    • (d) the fact that a spouse or common-law partner or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

  • R.S., 1985, c. C-46, s. 215;
  • 1991, c. 43, s. 9;
  • 2000, c. 12, ss. 93, 95;
  • 2005, c. 32, s. 11.
Marginal note:Duty of persons undertaking acts dangerous to life

 Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.

  • R.S., c. C-34, s. 198.
Marginal note:Duty of persons undertaking acts

 Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

  • R.S., c. C-34, s. 199.
Marginal note:Duty of persons directing work

 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

  • 2003, c. 21, s. 3.
Marginal note:Abandoning child

 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 218;
  • 2005, c. 32, s. 12.

Criminal Negligence

Marginal note:Criminal negligence
  •  (1) Every one is criminally negligent who

    • (a) in doing anything, or

    • (b) in omitting to do anything that it is his duty to do,

    shows wanton or reckless disregard for the lives or safety of other persons.

  • Definition of duty

    (2) For the purposes of this section, duty means a duty imposed by law.

  • R.S., c. C-34, s. 202.
Marginal note:Causing death by criminal negligence

 Every person who by criminal negligence causes death to another person 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. 220;
  • 1995, c. 39, s. 141.
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.
 
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