SEARCH · PubMed Health

Results for “Criminal Code of Canada”

Explore indexed PubMed citations for clinical trials, systematic reviews and public health research. Read source abstracts and follow each citation to its original PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

108 records · Page 6Linked to original sources

PubMed1978

Insanity defense in Canada.

The author has reviewed in this paper the difficulties in developing a more generally accepted test of criminal responsibility. Such difficulties are more clearly seen when studying the applicability of the criminal responsibility test in Canadian law, Section 16, which the author describes as a disguised M'Naghten rule. Finally it is agrued that, because of the strictures encountered in the application of M'Naghten, some alternative routes have been developed at the courtroom level, notably Section 215 of the Criminal Code which deals with provocation. Section 215 gives legal footing to emotional conditions, producing an impairment in an accused's ability to form intent.

Automatism↗

PubMed2005

Standing Committee on Justice re-establishes Subcommittee on Solicitation Laws.

On 24 November 2004, the House of Commons Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness established a Subcommittee on Solicitation Laws to review the Criminal Code provisions relating to prostitution. A previous subcommittee with a similar mandate was disbanded when Parliament was prorogued in 2003.

Canada↗

PubMed1982

Cessation of treatment and suicide: a proposal for reform.

The present state of the law in relation to dying persons is in a state of uncertainty primarily because there has not yet been a clear jurisprudential indication of the meaning to be given to a certain number of sections of the Canadian Criminal Code dealing with the subject. I propose to briefly discuss the law as it now exists and to refer to a working paper (No. 28) of the Law Reform Commission of canada called "Euthanasia, Aiding Suicide and Cessation of Treatment".

Canada↗

PubMed1988

Act to amend the Immigration Act, 1976 and the Criminal Code in consequence thereof, 21 July 1988.

This Act is designed "1) to preserve for persons in genuine need of protection access to the procedures for determining refugee claims; 2) to control widespread abuse of the procedures for determining refugee claims, particularly in light of organized incidents involving large-scale introduction of persons into Canada to take advantage of those procedures; 3) to deter those who assist in the illegal entry of persons into Canada and thereby minimize the exploitation of and risks to persons seeking to come to Canada; and 4) to respond to security concerns, including the fulfillment of Canada's obligations in respect of internationally protected persons." The Act contains provisions that 1) increase powers of authorities to detain persons considered to be "security risks;" 2) authorize for six months the relevant minister to turn back ships if the Minister believes on "reasonable grounds" that a ship is bringing in persons in violation of immigration legislation; 3) prohibit persons from organizing, inducing, aiding, or abetting illegal immigration, or from attempting to do so; 4) prohibit transportation companies from bringing persons into Canada without first ascertaining that they have a valid visa, passport, or travel document; and 5) facilitate the seizure of vehicles and evidence.

Americas↗

PubMed2006

A statistical survey of Canadian forensic mental health inpatient programs.

Secure hospital beds are vitally important for the assessment and treatment of mentally disordered accused persons. A forensic mental health system with an adequate level of hospital beds is essential for the courts and review boards to carry out of the mental disorder provisions of the Criminal Code. This article describes the results of a study that examined interprovincial differences in the structure of Canadian forensic mental health FMH inpatient programs. In total, 1523 hospital beds are designated for FMH programs in Canada. Across Canada, less than one (0.61) FMH hospital bed is available for every 10,000 adults in the general population, ranging from 0.37 in Manitoba to 1.08 in Nova Scotia. Interprovincial differences in the staffing and bed occupancy of Canadian FMH inpatient programs are also uncovered. The results of the present study confirm that interprovincial differences in the structure and organization of FMH inpatient programs exist in Canada.

Canada↗

PubMed1992

The role of the medical laboratory technologist in drinking and driving cases. Part 2: The use of hospital alcohol results as evidence and providing testimony in court.

Medical laboratory technologists routinely conduct alcohol analyses for medical purposes, however, in certain circumstances the results are used legally to determine a driver's Blood Alcohol Concentration. The technologist who performed the analysis may subsequently be required to provide evidence in court. The primary areas of interest to the court in these cases are: the type of swab utilized, the continuity of the blood sample, the method of analysis, the margin of error of the results, and the conversion of a serum alcohol concentration to a blood alcohol concentration in units as per the Criminal Code. Pre-trial preparation, courtroom procedures, and suggestions to enhance the technologist's credibility as a professional witness are outlined.

Alcohol Drinking↗

PubMed2005

Report calls for changes to the law to improve safety, security and well-being of sex workers.

In June of 2005, the STAR (Sex Trade Advocacy and Research) project submitted a report to the House of Commons subcommittee regarding the prostitution-related sections of the Criminal Code. The report calls for the repeal of these Criminal Code sections, the recognition of prostitution as work under provincial laws, changes to municipal by-laws and increased funding for sex worker organizations to engage in education, support and advocacy.

Canada↗

PubMed1999

Front-line police officers' practices, perceptions and attitudes about the enforcement of impaired driving laws in Canada.

A survey of front line police officers' practices, perceptions and attitudes regarding detection of impaired driving, processing of driving while impaired (DWI) charges, criminal court proceedings and DWI sanctions was conducted across Canada. A sample of 1545 officers of all jurisdictions across the country, representative of different types of police services (i.e. national, provincial, municipal) and types of policing (i.e. traffic, general duty) were surveyed by mail. The results, based on a 71% response rate, indicate that: an average of 7.5 charges/year are laid by officers resulting mainly from erratic driving; videotaping and mobile breath testing could improve efficiency of DWI enforcement; it takes an average of 2 h 48 min to process each DWI charge; about 2/3 of officers say plea bargaining occurs at least sometimes; the average length of DWI trial is over 4 h; less than half of officers think Crown Attorneys are adequately prepared for DWI cases; about 3/4 of officers think the accused escapes conviction on a legal technicality at least sometimes; about 30% of officers say short-term licence suspensions and other forms of discretion are used at least sometimes; DWI places fifth in priority among 15 offences, up from eighth in a 1981 survey; DWI is a priority for most police management but human resources are not adequate; and there is greater support for administrative than for Criminal Code changes. Multiple regressions indicated that the number of DWI charges laid by officers depended mainly on the officers' personal priority regarding DWI enforcement. The results suggest that many officers want to enforce DWI laws but that the numerous procedural and legal barriers that they confront often force them to exercise discretion in the laying of DWI charges.

Accidents, Traffic↗

PubMed1988

R. v. Prince, 7 October 1988.

The defendant appealed her conviction on the charge of manslaughter for the death of a child born prematurely after the defendant had injured the child's mother. Among other things, the defendant argued that she was not guilty because the child was not a person at the time of the wrongful injury. The Court rejected this argument. Without deciding whether the fetus was a person, it ruled that, under Section 223 of the Canadian Criminal Code, a person who attacks an obviously pregnant woman with intent to harm her is guilty of at least manslaughter if the fetus is born alive and subsequently dies from injuries or disease caused by the attack.

Americas↗

PubMed1991

Reliability, validity and utility of the Fitness Interview Test.

Psychiatrists are being asked more and more often by the courts to determine whether or not criminal defendants are fit to stand trial. However, the Criminal Code provides few statutory guidelines on what constitutes fitness to stand trial. Perhaps as a result of the lack of standards, psychiatrists have typically relied on traditional clinical assessment procedures in determining whether or not an individual is fit to stand trial. In an effort to improve the quality and consistency of forensic assessments, researchers have designed instruments to assess fitness to stand trial. In Canada, the Fitness Interview Test (FIT) was developed for this purpose. This study evaluated the FIT for its validity, reliability and utility in the assessment of fitness. The FIT was found to have excellent interrater reliability and scale homogeneity. In addition, it was able to discriminate between groups of defendants rates as being fit and or unfit to stand trial. The scale did not seem to be differentially sensitive to the diverse facets of fitness, which may be attributed to the format and content of the scale items. Caution is advised in the use of the FIT pending revision of the scale.

Adult↗

PubMed2003

Necessity and death: lessons from Latimer and the case of the conjoined twins.

The availability of the defence of necessity in cases of homicide is a complex issue in both Canadian and British jurisprudence. This article examines the divergent judicial and academic views and argues that, while necessity may be available for certain kinds of homicide, it should be rejected as a legitimate defence to intentional killings. The author looks closely at two recent cases in which the question arose as to whether or not killing a human being is ever justifiable or excusable on the basis of necessity: the Canadian case of R. v. Latimer and the British case of Re A (Children). The author argues that the approach of the Latimer court is preferable, advancing this position from a number of angles. Underlying rationales for the defence of necessity in Anglo-Canadian jurisprudence are examined, as well as the conceptually similar defence of duress, both at common law and in s. 17 of the Criminal Code. Both of these points are reinforced and analyzed via a discussion of the sanctity-of-life principle in Canadian criminal law. The article makes clear the essential nature of the issues raised in both Latimer and Re A (Children), as they engage fundamental questions of value for our society.

Canada↗

PubMed1998

Fitness to stand trial: characteristics of remands since the 1992 Criminal Code amendments.

OBJECTIVE: To examine the characteristics of a sample of remands after the introduction of the 1992 Criminal Code amendments, to compare those deemed fit with those deemed unfit as the result of an institution-based evaluation of fitness, and to determine the impact of the Code changes on one's detention period by investigating the length of time that individuals were held on remand. METHOD: File information was collected and analyzed for 180 males who were remanded for inpatient evaluations of their fitness to stand trial between October 1994 and July 1995. RESULTS: The results indicated that remanded defendants are more likely to be single, unemployed, and living alone and that unfit defendants are significantly more likely to have never been married. As well, individuals who were found to be unfit to stand trial were significantly less likely to have been diagnosed with a drug- or alcohol-use disorder and were 4 times more likely to have been diagnosed with a psychotic disorder. The results also indicated that while the 1992 Criminal Code revisions called for a 5-day evaluation period, it appears that this is rarely accomplished, and, in fact, the average length of time for an assessment of fitness is 23 days. Finally, the majority of remanded individuals are certified and treated with psychotropic medications while on remand. CONCLUSION: The results of this study suggest that the fitness remand period is being used for purposes other than assessing fitness.

Adult↗

PubMed1988

R. v. Sullivan and Lemay, 28 July 1988.

causing death in violation of Section 203 of the Criminal Code, after they delivered a baby who was born dead. On appeal, the Court of Appeal of British Columbia reversed this conviction. It held that they could not be convicted because at common law a child not completely born was not considered a person, and the act of causing the death of a fetus was not homicide. The Court did, however, enter a conviction on the charge of criminal negligence causing bodily harm with respect to the mother of the child. It ruled that, at the time of its death, the fetus was part of the mother.

Americas↗

PubMed1988

The new sexual assault law: the victim's experience in court.

The questions asked of victims of sexual and physical assault by the prosecutor and defense were recorded and coded by courtroom observers. The defense in comparison to the prosecution treated both types of victims in a negative way. Sexual assault victims were subjected to more negative questions and required to give a more personal form of testimony than physical assault victims due to the strategies used by both the prosecution and the defense. Sexual assault cases were convicted less often than physical assault cases. It was concluded that the new law in Canada which replaced the offense of rape with one of "sexual assault" has not had its intended effect of reducing the burden on a victim when she testifies in court.

Affect↗

PubMed1993

Changes to the Criminal Code provisions for mentally disordered offenders and their implications for Canadian psychiatry.

Bill C-30, implemented in February 1992, made a number of significant changes to the Criminal Code provisions concerning the assessment, treatment and disposition of mentally disordered persons charged with a crime, including persons considered to be unfit to stand trial or pleading insanity. The changes deal mainly with procedural law and the civil rights of persons being assessed or held in custody, and put limits on where, how long and for what purpose persons may be detained. The new law abolishes the automatic, indeterminate detention of persons found unfit to stand trial or not criminally responsible on account of mental disorder. The changes may mean that the forensic psychiatric route is now a more "attractive option" for defendants. The new law may create administrative problems for clinicians by leading to increased requests for psychiatric assessments while at the same time constraining the assessment process.

Canada↗

PubMed1988

R. v. Morgentaler, 28 January 1988.

The appellants, physicians who had set up a clinic to perform abortions, were charged with conspiracy with intent to commit abortions contrary to Section 251(4) of the Canadian Criminal Code. Section 251(4) prohibits abortions being performed upon women who have not obtained a certificate from a therapeutic abortion committee of an accredited or approved hospital. On appeal of a lower court decision ordering a new trial for the appellants after a jury had acquitted them, the Supreme Court held (two justices dissenting) that conditioning the performance of an abortion upon certification by an abortion committee violated the right of security of the person contained in Section 7 of the Canadian Charter of Rights and Freedoms. The five justices in the majority wrote three separate opinions which pointed out, variously, that Section 251 imposed unnecessary procedures and restrictions, restricted access to hospitals, caused delays, resulted in physical, psychological and emotional risk to the woman, and forced some women to carry a fetus to term against their will.

Abortion, Induced↗

PubMed1998

Characteristics of intrafamilial and extrafamilial child sexual abuse.

OBJECTIVE: The precise nature of the differences between intrafamilial and extrafamilial child sexual abuse is not clear. The purpose of the present study is to provide clarification of these differences. METHOD: Archival data containing 1,037 cases of child sexual abuse were obtained from police files in two western Canadian cities with populations of about 180,000. Two trained research assistants coded and transcribed the data. RESULTS: Results showed: (1) earlier onset, longer duration, higher level of intrusion, and greater physical and emotional injury for intrafamilial victims; (2) less use of physical/verbal force, or enticements, and greater use of instructions "not to tell" by intrafamilial offenders; (3) more convictions and longer jail sentences for intrafamilial offenders; and (4) no intra-extrafamilial differences in victim sex preference. CONCLUSIONS: Boys are younger than girls at the time of first abuse in samples of criminal justice and hospital referrals, although only for older aged victims, for example, 8 to 17 years. Although statistically significant, there is little difference in level of intrusion perpetrated by intrafamilial and extrafamilial offenders, both are highly intrusive. Both intrafamilial and extrafamilial offenders use physical/verbal force, with older victims: extrafamilial offenders more often choose older victims, and therefore more often use force. Intrafamilial victims suffer greater physical and emotional injury, resulting from greater intrusion not duration of abuse. It's not clear that victim sex preferences of intra- and extrafamilial offenders exist.

Adolescent↗

PubMed2001

Investigation of the criminal and conditional release profiles of Canadian federal offenders as a function of psychopathy and age.

Using the Psychopathy Checklist-Revised (PCL-R; R. D. Hare, 1991) diagnostic cut-off score of 30, the complete criminal career and community release profiles of 317 Canadian federal offenders (224 low scorers and 93 scoring within the psychopathic range) were investigated. Adult crimes were coded according to age at commission as well as either violent, nonviolent, or nonsexually violent. Changes in performance following release into the community also were examined. Results indicated that offenders scoring within the psychopathic range consistently committed more violent and nonviolent crimes than their counterparts for about three decades, spanning their late adolescence to their late 40s. Numbers of nonviolent criminal offenses committed by high PCL-R scorers declined considerably after age 30 relative to violent offenses, which declined and then rebounded in the late 30s before a major reduction was evidenced. Throughout adulthood, high PCL-R scorers failed during community release significantly faster than did low scorers. Importantly, from a risk management perspective, the release performance of low PCL-R scorers improved with age, whereas the opposite was seen for high scorers. Further, offenders scoring high on the PCL-R did not show a lower charge to conviction ratio with age, suggesting that they may not have been getting better at manipulating the legal system.

Adult↗