Offences Found to be Unconstitutional

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Introduction

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
    R v Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633
    see Murder (Offence) for details

Abortion

Prostitution

See also: Procuring and Living on the Avails of Prostitution (Repealed Offence) and Solicitation (Offence)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] 3 SCR 1101, 2013 SCC 72 (CanLII)

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)

Defamatory Libel

See Also