Offences Found to be Unconstitutional: Difference between revisions
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The provision under s. 230 relating to constructive murder was found to be unconstitutional.<ref> | The provision under s. 230 relating to constructive murder was found to be unconstitutional.<ref> | ||
{{CanLIIR|Vaillancourt|1fthw|1987 CanLII 2 ( | {{CanLIIR|Vaillancourt|1fthw|1987 CanLII 2 (SCC)}}{{perSCC|Lamer J}}<br> | ||
{{CanLIIR|Martineau|1fssd|1990 CanLII 80 ( | {{CanLIIR|Martineau|1fssd|1990 CanLII 80 (SCC)}}{{perSCC|Lamer J}}<br> | ||
see [[Murder (Offence)]] for details<br> | see [[Murder (Offence)]] for details<br> | ||
</ref> | </ref> | ||
Revision as of 11:28, 20 March 2021
- < Procedure and Practice
- < Pre-Trial and Trial Matters
Introduction
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
The provision under s. 230 relating to constructive murder was found to be unconstitutional.[1]
- ↑
R v Vaillancourt, 1987 CanLII 2 (SCC), per Lamer J
R v Martineau, 1990 CanLII 80 (SCC), per Lamer J
see Murder (Offence) for details
Abortion
Prostitution
In December 2013, s. 210, 212(1)(j), and 213(1)(c) were found to be unconstitutional.[1]
- ↑ Canada (Attorney General) v Bedford, 2013 SCC 72 (CanLII), , [2013] 3 SCR 1101, per McLachlin CJ
Assisted Suicide
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]
- ↑ Carter v Canada (Attorney General), 2015 SCC 5 (CanLII), per curiam
Defamatory Libel
- Defamatory Libel (Offence) - one form of defamatory libel described in s. 301 was found unconstitutional.