5.2 - Crimes Against the Person

Criminal Offences

Section 5.1 introduced the concept of ‘crime’ in a general sense.  Crime is defined as an act, or omission of an act, that is prohibited and punishable by federal statute law.  There are many different crimes outlined in these federal statutes, especially in the CCC.  This section will present some of the key crimes in the CCC and, in particular, crimes that are against people.

Levels of Offences

The CCC categorizes all Canadian criminal laws into one of three levels.  The first level of criminal offense in Canada is a summary conviction offence.  This type of offence is the least serious, and carries a lighter sentence.  Examples of summary offences include things like public nudity, trespassing at night, and causing a disturbance.  Summary offences in BC are tried in BC Provincial Court, and result in sentences including  fines up to $5000, and prison terms up to 6 months in duration.

The second level of criminal offences is indictable offences.  Indictable offences are more serious crimes, and thus carry heavier penalties.  Examples of these include crimes like perjury, arson, and murder.  Indictable offences in BC are tried in BC Provincial Court (less serious crimes) or BC Supreme Court (more serious crimes), and may include sentences up to life in prison.

The third, and final, level of criminal offences is hybrid offences.  These are offences that could be tried either as a summary or an indictable offence, depending on the Crown’s choice.  Examples of hybrid offences include theft under $5000, public mischief, and sexual assault.  Hybrid offences may be tried in either BC Provincial Court or BC Supreme Court, depending on the severity of the charge, and whether it was being tried as a summary or indictable offence.  Therefore, sentences for hybrid offences range from light to heavy, even including life sentences.  The following discussion of specific CCC offences are all examples of either summary, indictable, or hybrid offences.

Homicide

The first category of CCC crimes to consider is homicide.  Homicide is directly or indirectly causing the death of another human being.  Homicide is divided into either culpable or non-culpable homicide.  Culpable homicide is a killing for which someone could be held legally responsible, and includes charges of murder, manslaughter, or infanticide.  On the other hand, non-culpable homicide is a killing for which someone is not legally responsible, and this might include killings resulting from self-defence, accidents, and military service.

There are three types of culpable homicide: murder, infanticide, and manslaughter.  The first type is murder, and is defined as the intentional killing of another human.  Murder itself is divided into two types: first degree, and second degree.  First degree murder occurs only during the following specific conditions:  planned and deliberate, someone is hired to kill another, causes the death of a peace officer, or is committed during the commission of another serious offence.  The second type of murder charge in the CCC is second degree murder.  This type of murder is simply any murder not classified as first degree.  More specifically, it’s an intentional killing, or one that results from inflicted harm that is serious enough that death is likely.  An example of second degree murder might be if a hot-tempered man gets into an argument with another man, and it escalates into a brutal fight.  If the man beats the other to such an extent that he dies from the assault, then the charge could be second degree murder.  Both first and second degree murder have mandatory life sentences, but second degree has parole eligibility within 10-15 years, while first degree parole eligibility isn’t for at least 25 years.

The second type of culpable homicide is infanticide.  This is a very specific type of homicide where a newborn infant is killed by its own mother.  In order for this charge to be applied, the baby must be less than 12 months old, the killer must be the birth mother, and the birth mother must have suffered mental distress (such as severe postpartum depression) at the time of the killing.  The maximum sentence for infanticide is 5 years.

The third and final type of culpable homicide in the CCC is manslaughter.  Manslaughter is defined as any culpable homicide that is not classified as murder or infanticide.  Manslaughter is killing someone (intentionally or unintentionally) through an unlawful act.  For example, imagine that a brawl breaks out in a local bar, and everyone seems to be fighting everyone.  If, at the end of the fights, it is discovered that one person has been killed during the fight after hitting their head on a table, then the charge would likely be manslaughter.  The maximum sentence for manslaughter is life.

Assault

Less serious than homicide are crimes of assault.  The CCC divides assault charges into three types based on their severity.  First, simple assault (also called level one assault) occurs when there is threatened or actual physical contact without consent.  Assault is a hybrid offence, and carries a maximum sentence of 5 years.  Second, assault with a weapon or causing bodily harm (level two assault) occurs when a weapon is used, or when someone is injured in such a way that has serious consequences for the victim's comfort and health.  This assault charge is also a hybrid one, but carries a maximum 10 year sentence.  Finally, aggravated assault (level three assault) is the wounding, maiming, disfiguring, or endangering the life of a victim.  This is the most serious assault charge, and is an indictable offense that carries a maximum 14 year prison sentence.

Sexual Assault

Related to assault, but different in nature, are crimes of sexual assault.  Like assault crimes, these are divided into three levels, according to the severity of the assault.  First, sexual assault (level one sexual assault) is the touching of a sexual nature that isn’t invited or consensual.  These are hybrid charges, and carry a maximum 10 year sentence.  Second, sexual assault with a weapon, threats to a third party, or causing bodily harm (level two sexual assault) is when the sex assault involves a weapon, threats, or physical injury.  These are more serious indictable offences, and carry a maximum 14 year sentence.  Finally, the most serious sexual assault is an aggravated sexual assault (level three sexual assault).  This is a sexual assault that maims, disfigures, or endangers the life of the victim.  These are also indictable offenses, but these serious crimes carry a maximum life sentence.  Notice that, although assault and sexual assault charges follow the same pattern of different charges based on severity, that the maximum sentences for sexual assault charges are more severe than those for assaults.

Motor Vehicle Offences

Motor vehicle offences are typically found in Provincial statutes, yet three specific charges are found in the CCC.  Why is this?  These three charges are in the CCC because of their seriousness, and the fact that they may involve injury to other people.  The first such charge is the dangerous operation of a motor vehicle, and it is when a motor vehicle is operated recklessly, thus putting the safety or lives of others in danger.  This is an indictable offense carrying a 10 year maximum sentence.  The second motor vehicle charge in the CCC is the failure to stop at the scene of an accident.  This crime is essentially a hit-and-run, and is considered serious because the person is running to avoid civil or criminal litigation.  It is a hybrid offence, and comes with a maximum life sentence (if a person dies as a result of the accident).  The third, and final, motor vehicle offence to include here is impaired driving.  Impaired driving is the operation of a motor vehicle while legally impaired because of drugs or alcohol.  This is an indictable offence, and has a maximum 10 year sentence.

Summary

The Criminal Code of Canada contains many crimes.  This section introduced a number of crimes where people may inflict harm on other people.  Categories of crimes within this section include homicide, assault, sexual assault, and specific motor vehicle offences.  The next section, 5.3, will discuss crimes against property, as well as a range of miscellaneous and morality offences.