GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 217.1
Duty of persons directing work 217.1 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
Criminal Code — C-46 218
Abandoning child 218 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. R.S., 1985, c. C-46, s. 218; 2005, c. 32, s. 12 2019, c. 25, s. 75
Criminal Code — C-46 219
Criminal negligence 219 (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
Criminal Code — C-46 220
Causing death by criminal negligence 220 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
Criminal Code — C-46 221
Causing bodily harm by criminal negligence 221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 221 2019, c. 25, s. 76
Criminal Code — C-46 222
Homicide 222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. Kinds of homicide (2) Homicide is culpable or not culpable. Non culpable homicide (3) Homicide that is not culpable is not an offence. Culpable homicide (4) Culpable homicide is murder or manslaughter or infanticide. 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. 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
Criminal Code — C-46 223
When child becomes human being 223 (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. 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
Criminal Code — C-46 224
Death that might have been prevented 224 Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means. R.S., c. C-34, s. 207
Criminal Code — C-46 225
Death from treatment of injury 225 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
Criminal Code — C-46 226
Acceleration of death 226 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
Criminal Code — C-46 227
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. 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. Reasonable but mistaken belief (3) For greater certainty, the exemption set out in subsection (1) or (2) applies even if the person invoking it has a reasonable but mistaken belief about any fact that is an element of the exemption. Non-application of section 14 (4) Section 14 does not apply with respect to a person who consents to have death inflicted on them by means of medical assistance in dying provided in accordance with section 241.2. Definitions (5) In this section, medical assistance in dying , medical practitioner and nurse practitioner have the same meanings as in section 241.1. R.S., 1985, c. C-46, s. 227; R.S., 1985, c. 27 (1st Supp.), s. 34; 1997, c. 18, s. 9; 1999, c. 5, s. 9; 2016, c. 3, s. 2
Criminal Code — C-46 228
Killing by influence on the mind 228 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
Criminal Code — C-46 229
Murder 229 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) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being. R.S., 1985, c. C-46, s. 229 2019, c. 25, s. 77
Criminal Code — C-46 232
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. What is provocation (2) Conduct of the victim that would constitute an indictable offence under this Act that is punishable by five or more years of imprisonment and that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section, if the accused acted on it on the sudden and before there was time for their passion to cool. Questions of fact (3) For the purposes of this section, the questions (a) whether the conduct of the victim amounted to provocation under subsection (2), and (b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received, are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being. 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. R.S., 1985, c. C-46, s. 232; 2015, c. 29, s. 7
Criminal Code — C-46 233
Infanticide 233 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
Criminal Code — C-46 234
Manslaughter 234 Culpable homicide that is not murder or infanticide is manslaughter. R.S., c. C-34, s. 217
Criminal Code — C-46 235
Punishment for murder 235 (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. 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
Criminal Code — C-46 236
Manslaughter 236 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
Criminal Code — C-46 237
Punishment for infanticide 237 Every female person who commits infanticide is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 237 2019, c. 25, s. 79
Criminal Code — C-46 238
Killing unborn child in act of birth 238 (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. 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
Criminal Code — C-46 239
Attempt to commit murder 239 (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. 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. 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
Criminal Code — C-46 240
Accessory after fact to murder 240 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
Criminal Code — C-46 240.1
Removal without informed consent 240.1 (1) Everyone commits an offence who (a) obtains an organ to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given; (b) carries out, participates in or facilitates the removal of an organ from the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given; or (c) does anything in connection with the removal of an organ from the body of another person on behalf of, at the direction of or in association with the person who removes the organ, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given. Financial transaction (2) Everyone commits an offence who obtains or participates in or facilitates the obtaining of an organ from the body of another person for the purposes of having that organ transplanted into their body or the body of another person, knowing that it was obtained for consideration or being reckless as to whether or not it was obtained for consideration. Punishment (3) Everyone who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2022, c. 18, s. 2
Criminal Code — C-46 241
Counselling or aiding suicide 241 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, whether suicide ensues or not, (a) counsels a person to die by suicide or abets a person in dying by suicide; or (b) aids a person to die by suicide. Exemption for medical assistance in dying (2) No medical practitioner or nurse practitioner commits an offence under paragraph (1)(b) if they provide a person with medical assistance in dying in accordance with section 241.2. Exemption for person aiding practitioner (3) No person is a party to an offence under paragraph (1)(b) 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. Exemption for pharmacist (4) No pharmacist who dispenses a substance to a person other than a medical practitioner or nurse practitioner commits an offence under paragraph (1)(b) if the pharmacist dispenses the substance further to a prescription that is written by such a practitioner in providing medical assistance in dying in accordance with section 241.2. Exemption for person aiding patient (5) No person commits an offence under paragraph (1)(b) if they do anything, at another person’s explicit request, for the purpose of aiding that other person to self-administer a substance that has been prescribed for that other person as part of the provision of medical assist­ance in dying in accordance with section 241.2. Clarification (5.1) For greater certainty, no social worker, psychologist, psychiatrist, therapist, medical practitioner, nurse practitioner or other health care professional commits an offence if they provide information to a person on the lawful provision of medical assistance in dying. Reasonable but mistaken belief (6) For greater certainty, the exemption set out in any of subsections (2) to (5) applies even if the person invoking the exemption has a reasonable but mistaken belief about any fact that is an element of the exemption. Definitions (7) In this section, medical assistance in dying , medical practitioner , nurse practitioner and pharmacist have the same meanings as in section 241.1. R.S., 1985, c. C-46, s. 241; R.S., 1985, c. 27 (1st Supp.), s. 7; 2016, c. 3, s. 3
Criminal Code — C-46 241.1
Definitions 241.1 The following definitions apply in this section and in sections 241.2 to 241.4. medical assistance in dying means (a) the administering by a medical practitioner or nurse practitioner of a substance to a person, at their request, that causes their death; or (b) the prescribing or providing by a medical practitioner or nurse practitioner of a substance to a person, at their request, so that they may self-administer the substance and in doing so cause their own death. ( aide médicale à mourir ) medical practitioner means a person who is entitled to practise medicine under the laws of a province. ( médecin ) nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. ( infirmier praticien ) pharmacist means a person who is entitled to practise pharmacy under the laws of a province. ( pharmacien ) 2016, c. 3, s. 3
Criminal Code — C-46 (a)
medical assistance in dying means (a) the administering by a medical practitioner or nurse practitioner of a substance to a person, at their request, that causes their death; or (b) the prescribing or providing by a medical practitioner or nurse practitioner of a substance to a person, at their request, so that they may self-administer the substance and in doing so cause their own death. ( aide médicale à mourir )
Criminal Code — C-46
medical practitioner means a person who is entitled to practise medicine under the laws of a province. ( médecin )
Criminal Code — C-46
nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. ( infirmier praticien )
Criminal Code — C-46
pharmacist means a person who is entitled to practise pharmacy under the laws of a province. ( pharmacien )
Criminal Code — C-46 241.2
t is being treated or any facility in which that person resides; (c) are directly involved in providing health care serv­ices to the person making the request; or (d) directly provide personal care to the person making the request. Exception (5.1) Despite paragraphs (5)(c) and (d), a person who provides health care services or personal care as their primary occupation and who is paid to provide that care to the person requesting medical assistance in dying is permitted to act as an independent witness, except for (a) the medical practitioner or nurse practitioner who will provide medical assistance in dying to the person; and (b) the medical practitioner or nurse practitioner who provided an opinion under paragraph (3)(e) or (3.1)(e), as the case may be, in respect of the person. Independence — medical practitioners and nurse practitioners (6) The medical practitioner or nurse practitioner providing medical assistance in dying and the medical practitioner or nurse practitioner who provides the opinion referred to in paragraph (3)(e) or (3.1)(e) are independent if they (a) are not a mentor to the other practitioner or responsible for supervising their work; (b) do not know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person’s death, other than standard compensation for their services relating to the request; and (c) do not know or believe that they are connected to the other practitioner or to the person making the request in any other way that would affect their objectivity. Reasonable knowledge, care and skill (7) Medical assistance in dying must be provided with reasonable knowledge, care and skill and in accordance with any applicable provincial laws, rules or standards. Informing pharmacist (8) The medical practitioner or nurse practitioner who, in providing medical assistance in dying, prescribes or obtains a substance for that purpose must, before any pharmacist dispenses the substance, inform the pharmacist that the substance is intended for that purpose. Clarification (9) For greater certainty, nothing in this section compels an individual to provide or assist in providing medical assistance in dying. 2016, c. 3, s. 3 2021, c. 2, s. 1
Criminal Code — C-46 241.3
Failure to comply with safeguards 241.3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply, subject to subsection 241.2(3.2), with all of the requirements set out in paragraphs 241.2(3)(b) to (h) or paragraphs 241.2(3.1)(b) to (k), as the case may be, and with subsection 241.2(8) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 2016, c. 3, s. 3 2019, c. 25, s. 80 2021, c. 2, s. 2
Criminal Code — C-46 241.31
lines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assist­ance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying. Offence and punishment (4) A medical practitioner or nurse practitioner who knowingly fails to comply with subsection (1), a person having the responsibility to carry out preliminary assessments who knowingly fails to comply with subsection (1.1) or a pharmacist or pharmacy technician who knowingly fails to comply with subsection (2), (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or (b) is guilty of an offence punishable on summary conviction. Offence and punishment (5) Everyone who knowingly contravenes the regulations made under subsection (3) (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or (b) is guilty of an offence punishable on summary conviction. Consultation (6) In performing his or her functions or duties under subsection (3), the Minister of Health must, when appropriate, consult with the minister responsible for the status of persons with disabilities. 2016, c. 3, s. 4 2021, c. 2, s. 3