Homicide: killing another human being, either directly or indirectly
Non-Culpable Homicide: is not criminal and occurs when death is caused by complete accident or in self-defence
First Degree Murder:
– is planned and deliberate (considered, not impulsive)
– victim is a law enforcement agent
– occurs while another offensive crime is being committed
– occurs while committing or attempting to commit an offence related to criminal harassment
– occurs while using explosives to commit an offence in association with a criminal organization
– occurs when committing or attempting to commit an indictable offence that could also be considered a terrorist activity
Second Degree Murder: occurs when a murder does not fit into any of the above categories but was still caused intentionally.
Causation: cause of death
Manslaughter: causing death, either directly or indirectly, by means of an unlawful act
Infanticide: the killing of a newborn by his or her mother; the accused has not yet recovered from the effects of childbirth and is suffering from depression or mental disturbance.
Suicide: attempted suicide was illegal until 1972, but it is still an offence to counsel anyone to commit suicide or to help anyone commit suicide (assisted suicide)
Euthanasia: mercy killing; one person acts to end another person’s life
Assault (level 1):
– applying intentional force to another person, either directly or indirectly, without that person’s consent
– attempting or threatening, by attempt or gesture, to apply force
– approaching or blocking the way of another person, or begging, while openly wearing or carrying a weapon or imitation of a weapon
Assault Causing Bodily Harm (level 2): while committing assault, carries, uses or threatens to use a weapon or imitation of a weapon, or causes bodily harm (anything that interferes with the victim’s health or comfort)
Aggravated Assault (level 3): committed if a person wounds, maims, disfigures, or endangers the life of the victim
Sexual Assault:
– factors used to determine whether conduct was sexual in nature: part of body touched, nature of contact, situation, words and gestures accompanying the act, other circumstance
– three levels of sexual assault, parallel to three levels of assault
Sexual Assault (level 1): same as assault (level 1) but occurs in relation to sexual conduct
Sexual Assault (level 2): while committing a sexual assault,
a) carrying, using, or threatening to use a weapon or imitation of a weapon
b) threatening to cause bodily harm to a person other than the complainant (victim)
c) causing bodily harm to the complainant
d) is a party to the offence with any other person
Aggravated Sexual Assault (level 3): committed if a person wounds, maims, disfigures, or endangers the life of the complainant while committing a sexual assault
Abduction: forcible removal of an unmarried person under the age of 16 from the care of a parent, guardian, or any other person who has lawful care of the child
Robbery: theft involving violence, the threat of violence, assault or the use of offensive weapons
Abortion:
– the termination of a fetus (“an unborn product of conception after the embryo stage”)
– removed from the Criminal Code in 1989
– Supreme Court of Canada has not ruled on when a fetus becomes a human being, stating it was up to Parliament to legislate such an important matter
Weapon: anything used or intended for use in causing death or injury to a person, or in threatening or intimidating any person
Prostitution: the selling of sexual services for money; legal in Canada
Offences Relating to Prostitution:
– Solicitation: communicating for the purpose of prostitution; illegal
– Keeping a common bawdy house (brothel; place of prostitution)
– Procuring: directing customers to the services of a prostitute (pimp) or living off the earning of a prostitute (ex. Bodyguard)
Obscenity:
– Supreme Court of Canada follows the ‘community standards test’: courts must determine as best they can what the community would tolerate others being exposed to on the basis of the degree of harm that may flow from such exposure
– Sex acts must be degrading or dehumanizing to be deemed obscene
– Offences relating to obscenity include: making, printing, circulating, mailing or distributing obscene material; presenting or taking part in an immoral theatre performance
Arson: intentional or reckless causing of damage by fire or explosion to property, whether or not the arsonist owns the property; related offences:
– committing arson with the intent to defraud (ex. Insurance)
– possessing any explosive material or device for the purpose of committing arson
– setting off a false fire alarm
Theft: a number of elements that must be proven for conviction:
– act must be fraudulent (person stealing must have intended to do something wrong)
– the person taking the item must not have any legal right to the item
– the accused must have intent to deprive the owner of the item or convert it to his or her own use
A person can also be charged with theft based on recent possession of the item
Break and Enter: (a) to break any part, internal or external or (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening (Break); a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered (Enter)
Illegally entering a residence by some other means (i.e. not break and enter) to commit an indictable offence is still an offence but separate from B & E
Possession of Stolen Goods: possessing anything that he or she knows was obtained during the commission of an indictable offence
Fraud:
False Pretence: a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it
Criminal Harassment (stalking): repeatedly communicating with or following another person, any member of the other person’s family, or anyone known to that person, where in all the circumstances, they reasonably fear for their safety
Criminal Negligence: three categories
– criminal negligence in the operation of a motor vehicle
– criminal negligence causing bodily harm
– criminal negligence causing death
Mischief: involves the deliberate destruction or damaging of property
