Offences Found to be Unconstitutional

From Criminal Law Notebook


See also: Constitutional Challenges to Legislation

Several offences that were found to be unconstitutional by the court remain within the Code but are deemed to have no force and effect.

Anal Intercourse

Constructive Murder

See also: Murder (Offence)

The provision under s. 230 relating to constructive murder was found to be unconstitutional.[1]

  1. R v Vaillancourt, 1987 CanLII 2 (SCC), [1987] 2 SCR 636, per Lamer J
    R v Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633, per Lamer J
    see Murder (Offence) for details



See also: Procuring and Living on the Avails of Prostitution (Repealed Offence) and Solicitation (Offence)

In December 2013, s. 210, 212(1)(j), and 213(1)(c) were found to be unconstitutional.[1]

  1. Canada (Attorney General) v Bedford, 2013 SCC 72 (CanLII), [2013] 3 SCR 1101, per McLachlin CJ

Assisted Suicide

See also: Counselling or Aiding Suicide (Offence)

Both s. 14 and 241 are unconstitutional insofar as they "prohibit physician‑assisted dying for competent adults who seek such assistance as a result of a grievous and irremediable medical condition that causes enduring and intolerable suffering."[1]

  1. Carter v Canada (Attorney General), 2015 SCC 5 (CanLII), [2015] 1 SCR 331, per curiam

Defamatory Libel

See Also