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Marginal note:Homicide

• 222 (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,

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• 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.

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Marginal note:Circumstances of aggravation

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• Marginal note:Effect of previous charge of murder or manslaughter

  (2) A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.

• Marginal note:Previous charges of first degree murder

  (3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.

• Marginal note:Effect of previous charge of infanticide or manslaughter

  (4) A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.

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Marginal note:Murder reduced to manslaughter

• 232 (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

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• Marginal note:Death during illegal arrest

  (4) Culpable homicide that otherwise would be murder is not necessarily manslaughter by reason only that it was committed by a person who was being arrested illegally, but the fact that the illegality of the arrest was known to the accused may be evidence of provocation for the purpose of this section.

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Marginal note:Exemption for medical assistance in dying

• 227 (1) No medical practitioner or nurse practitioner commits culpable homicide if they provide a person with medical assistance in dying in accordance with section 241.2.

• Marginal note:Exemption for person aiding practitioner

  (2) No person is a party to culpable homicide if they do anything for the purpose of aiding a medical practitioner or nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.2.

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Homicide