By: Fares AL Mukadm

Student number: 0815489

The Criminal
Code of Canada
‘Sections’
Criminal Negligence 219 (1) 
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.
Criminal negligence is when a person acts with a disregard to obvious risks to human life and safety.
Criminal negligence is when a person acts with a disregard for obvious risks to human
life and safety. The State must prove that a defendant acted with criminal negligence to
convict that person of certain offenses.
In these cases, a prosecutor must show the following to prove that an accused acted
with criminal negligence:
he/she acted recklessly and created a high risk of death or great bodily injury, and
a reasonable person would have known that these acts would create such a risk.1
It is important to note criminal negligence involves:
knowledge of a danger, and
more than a mistake or excusable accident.
R.S., c. C-34, s. 202 This Photo by Unknown Author is licensed under CC BY
Criminal Negligence
219 (1) “Explanations”
• Unintentionally endangering
someone’s life or causing him/her an
injury.
• Criminal negligence applies at
someone who’s aware that his acts
might be risky.
• Committing involuntary
manslaughter without planning for it.
• To be responsible for a crime even
though you didn’t mean to commit.
What is R. v. Javanmardi?

A naturopath named Ms. Javanmardi intentionally committed

manslaughter. She accidently murdered Mr. Matern by injecting him with
an intravenous injection. She was charged with two crimes as follow,
unlawful act manslaughter and criminal negligence causing death. Later
on, it was discovered that one of the vials Ms. Javanmardi used for the
injection was contaminated. Mr. Matern was 84 years old, he had a heart
disease. He decided to switch from medical clinics to naturopathy. Two
patients were injected from the same vial without any problem. In her case,
the judge compared what she had done to what a reasonable person would
do. Ms. Javanmardi was found not guilty. She was skilled and followed the
safety steps to give Mr. Matern the injection. She purchased her nutrients
from a respected pharmacy. She was found that she was a reasonable
person who would follow what a reasonable person would do.
Reckless disregard / marked
departure of a reasonable person
- state case laws?
R. v. Beatty Case
• Justin Ronald Beatty was accused with three counts of
dangerous operation of a motor vehicle death under s.
249(4) of the Canadian criminal code.
• Beatty was found not guilty in his first trial however the
decision was reversed and a new trial was ordered.
• He accidently murdered three people by hitting an
upcoming car by his pick up truck while he was crossing
the double yellow line because he fell asleep and lost
consciousness (it could’ve been a sun stroke) in a hot
summer day.
• He wasn’t drunk nor there wasn’t any mechanical failure in
the vehicle.
• The witness testified that Beatty was driving pretty normal
until the crossing line.
• He committed criminal negligence by driving recklessly
endangering peoples’ lives.
Sections 220 & 221
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.
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
More Explanations
• Section 220 & 221 briefly explains that whoever puts
someone’s life in danger by causing death or bodily
harm is guilty of inindictable offence and liable and
will be punished for it.
• Designated DNA Offences:
Some offences are Primary designated offences could be
assault with weapon or robbery. And some are secondary
designated offence could be assault or threatening.
Designated DNA offences occurs when the judge make a
DNA orders more likely in primary designated offences
than secondary designated offences.
This Photo by Unknown Author is licensed under CC BY-SA-NC
Section 222
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,
(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
Explanation of section
222
• Homicide is when somebody cause a human being death, it
could be direct or indirect such as murder, manslaughter, and
infanticide.
• Homicide is divided into two parts which are culpable or non
culpable.
• Non culpable is when the offender unintentionally has
murdered someone and without criminal negligence. Its not
considered a criminal offence. Ex: self defense.
• Culpable is to kill someone intentionally or with criminal
negligence and Its considered a criminal offence.
• Culpable is either murder or manslaughter or infanticide.
• Infanticide is a mother who murder her new born child.
• Punishments for Murder is life imprisonment. For
manslaughter is a life imprisonment sentence and will be
eligible for parole after serving 7 years. For infanticide either
none or 5 years incarceration or Life.
Two Summarized
• R. v. Tutton
Two parents were accused with manslaughter under s.219
of the criminal code. A year and a half after their child was

Cases diagnosed with diabetes. The mother argued that she saw a
vision of God that her son was cured and he no longer need
insulin. The parents had a strong believen the faith healing
and their child was no longer injected with insulin. However,
the child died three days after they stopped giving him
insulin. A 5 year old, Christopher Tutton lost his life to his
parents negligence.
• R. v. Morrisey
A 36 years old, Marty Morrisery accidently wounded his
friend, Teed by a shotgun. That night, Morrisery was
drinking with two of his friends in a cabin. His friend, Teed
sawed the barrel of a shotgun that he handed to Morrisery
whom he told his friends that he will be using it to commit
robbery where in fact he was planning to commit suicide.
Then, Morrisery drove his third friend home. When he came
back to the cabin, his friend was sleeping in a bunk bed.
Then, he leaped onto the bunk bed while he was holding the
gunshot and he shot Teed which caused death. He
immediately fell down the bunk bed due to intoxication. He
was charged under section 220(a) with criminal negligence.
He was sentenced with 2 years including the time he spent
in the pre-trial custody.
Classification of Murder
231 (1) Murder is first degree murder or second degree murder.
Marginal note: Planned and deliberate murder
(2) Murder is first degree murder when it is planned and deliberate.
Marginal note: Contracted murder
(3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an
arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one
person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person
to do any act causing or assisting in causing that death.
Marginal note: Murder of peace officer, etc.
(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the
victim is
(a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the
preservation and maintenance of the public peace, acting in the course of his duties;
(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the
course of his duties; or
(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
• First degree murder is planned ahead by the offender however second degree murder happens without a plan.
Case Law

• The offender was accused with a second degree murder. He broke into a 95
year old widow women whom was found bound with electrical wire and a
garment around her head on her bed. After 48 hours, she died due to
asphyxiation. The accused was charged under sec. 231(5). At first, the
offender has fabricated his testimony, he said that he only planned to break
and enter and he left after he found the dead body. He was charged with a
first degree murder however he was found guilty of a second degree murder
due to the lack of substantial reason for the murder.
 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.
Marginal note: 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.
Marginal note: 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.
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.
R.S., 1985, c. C-46, s. 232
2015, c. 29, s. 7
Section 233 & 234

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
Manslaughter
234 Culpable homicide that is not murder or infanticide is manslaughter.
Explanations
• Sec. 232 A first degree murder reduced
to a manslaughter if it has occurred due
a sudden reason.
• Sec 233 When a mother with or without
direct cause, such as negligence murder
her new born child.
• The definition of a newly-born child is a
child under a 28 days of age.
• Sec 234 states that culpable isn’t
considered murder nor infanticide is
considered manslaughter.

This Photo by Unknown Author is licensed under CC BY-NC-ND

Punishments Sections
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.
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
Type: A primary Designated offence and designated DNA offence
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

Type: Primary Designated offence and designated DNA offence

 Punishment Sections
Punishment for infanticide
237 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

Classified as a primary designated offence and a DNA designated offence.

Punishment Sections
Offences and punishment

238 (1) Every person who has failed to file or make a return as and when required by or under this Act or a regulation or who has
failed to comply with subsection 116(3), 127(3.1) or (3.2), 147.1(7) or 153(1), any of sections 230 to 232, 244.7 and 267 or a
regulation made under subsection 147.1(18) or with an order made under subsection (2) is guilty of an offence and, in addition to any
penalty otherwise provided, is liable on summary conviction to
(a) a fine of not less than $1,000 and not more than $25,000; or
(b) both the fine described in paragraph 238(1)(a) and imprisonment for a term not exceeding 12 months.
Marginal note: Compliance orders

(2) Where a person has been convicted by a court of an offence under subsection 238(1) for a failure to comply with a provision of
this Act or a regulation, the court may make such order as it deems proper in order to enforce compliance with the provision.
Marginal note: Saving

(3) Where a person has been convicted under this section of failing to comply with a provision of this Act or a regulation, the person
is not liable to pay a penalty imposed under section 162 or 227 for the same failure unless the person was assessed for that penalty or
that penalty was demanded from the person before the information or complaint giving rise to the conviction was laid or made.
[NOTE: Application provisions are not included in the consolidated text
see relevant amending Acts and regulations.] 
R.S., 1985, c. 1 (5th Supp.), s. 238. 2014, c. 20, s. 27
Type: Secondary Designated offence and doesn’t require a DNA designated offence
Punishment Sections
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.
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. 14; 2008, c. 6, s. 16; ;2009, c. 22, s. 6
Type: Primary Designated offence and doesn’t require a DNA designated offence
 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.
Punishment R.S., c. C-34, s. 223
Sections
A person who helps the murder to escape.

Type: A secondary designated offence and

doesn’t require a DNA designated offence.
References
• M., D. (2022, June 14). Criminal negligence – defintion, Application & Defenses. Shouse Law Group. Retrieved April 19, 2023, from
https://www.shouselaw.com/ca/defense/laws/criminal-negligence/
• Branch, L. S. (2023, April 18). Consolidated federal laws of canada, criminal code. Criminal Code. Retrieved April 19, 2023, from
https://laws-lois.justice.gc.ca/eng/acts/c-46/
• Case in brief: R. V. Javanmardi - Supreme Court of Canada. (n.d.). Retrieved April 19, 2023, from
https://www.scc-csc.ca/case-dossier/cb/2019/38188-eng.pdf
• Criminal negligence (offence). Criminal Negligence (Offence) - Criminal Law Notebook. (n.d.). Retrieved April 19, 2023, from
http://criminalnotebook.ca/index.php/Criminal_Negligence_(Offence)
• M., D. (2022, June 14). Criminal negligence – defintion, Application & Defenses. Shouse Law Group. Retrieved April 19, 2023, from
https://www.shouselaw.com/ca/defense/laws/criminal-negligence/
• R V. Beatty. prezi.com. (n.d.). Retrieved April 19, 2023, from https://prezi.com/p/xiclnb8oknpk/r-v-beatty/
• DNA orders. Legal Aid Ontario. (n.d.). Retrieved April 19, 2023, from https://www.legalaid.on.ca/faq/dna-orders/
• Adams, O. behalf of H. (2022, October 28). First Degree & Second Degree Murder, manslaughter in Canada. Hicks Adams. Retrieved April 19, 2023,
from https://hicksadams.ca/classifying-homicide-murder-manslaughter-and-infanticide/

• R v Tutton. prezi.com. (n.d.). Retrieved April 19, 2023, from https://prezi.com/aveuwjltcqhj/r-v-tutton/

• Wikimedia Foundation. (2022, June 13). R v morrisey. Wikipedia. Retrieved April 19, 2023, from https://en.wikipedia.org/wiki/R_v_Morrisey
• R. V. Nette - SCC cases. (n.d.). Retrieved April 19, 2023, from
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1919/index.do?site_preference=normal