Criminal Code of Canada - section 243 - Concealing body of child

section 243

INTRODUCTION AND BRIEF DESCRIPTION

Anyone who disposes of the body of a child born with intent to hide the fact that the mother delivered it is guilty of an indictable offense and liable to a maximum sentence of two years.

SECTION WORDING

243 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

EXPLANATION

Section 243 of the Criminal Code of Canada deals with the offence of disposing of the dead body of a child with the intention of concealing the fact that the mother has given birth to it. This provision applies regardless of whether the child died before, during, or after birth. The act of disposing of the dead body of a child is not in itself a criminal offence. However, this offence is committed when the person intends to conceal the fact that the mother has given birth to the child. The purpose of this provision is to prevent the concealment of pregnancies and births and to encourage women to seek medical care during pregnancy and childbirth. The penalties for this offence are severe. The person who commits this offence is guilty of an indictable offence and is liable to imprisonment for a maximum term of two years. An indictable offence is a serious criminal offence that may result in a lengthy period of imprisonment and can also affect the person's future employability and opportunities for travel. In summary, Section 243 of the Criminal Code of Canada seeks to protect the health and safety of women and children by criminalizing the act of disposing of the dead body of a child with the intention of hiding the fact that the mother has given birth to it. The consequences of committing this offence are severe, and it is thus imperative for individuals to comply with this provision.

COMMENTARY

Section 243 of the Criminal Code of Canada criminalizes the act of disposing of a dead body of a child with the intent to conceal the fact that the child's mother has been delivered of it. This offense applies whether the child died before, during, or after birth. This section is aimed at addressing the issue of infanticide, which is on the rise in Canada. Infanticide involves the killing of an infant by its mother, usually within the first year of its life. The reasons for infanticide are varied and complex, ranging from mental health issues to socio-economic factors. However, when the mother disposes of the child's body, she is attempting to hide the fact of the delivery, which is a crucial part of the crime. This is where section 243 of the Criminal Code of Canada becomes relevant. The maximum penalty for this offense is up to 2 years of imprisonment, which seems like a lenient punishment. However, the law takes into account the mental state of the mother at the time of infanticide, and her intent to conceal the fact of delivery. This means that if it is proven in court that the mother was suffering from a mental disorder or was under duress at the time of committing the offense, her sentence could be reduced. The significance of section 243 of the Criminal Code of Canada cannot be overstated. It acts as a deterrent to would-be offenders who may be contemplating infanticide and disposal of the child's body. The law sends a strong message that the intentional destruction of human life is an offense punishable by law. While some may argue that the maximum sentence for this offense is too lenient, it is essential to recognize that the punishment needs to be proportionate to the crime and take into account the offender's mental state. The justice system must balance both the need to hold offenders accountable while also addressing the underlying issues that may have contributed to the crime. In conclusion, Section 243 of the Criminal Code of Canada is a necessary provision to deal with the issue of infanticide and the unlawful disposal of the child's body. The law sends a clear message that such crimes will not be tolerated in Canadian society. While the maximum punishment may seem lenient, it is essential to recognize that the law considers the offender's mental state and intent when deciding the appropriate sentence.

STRATEGY

Section 243 of the Criminal Code of Canada deals with the disposal of a dead body of a child with the intent to conceal the fact that its mother has given birth. Any individual who disposes of the dead body of a child, whether it died before, during or after birth, is guilty of an indictable offence and can face imprisonment for up to two years. This is a very serious offence and requires careful consideration of strategic options by any person facing charges under this section of the Criminal Code. One of the first things to consider is the intent behind the actions taken by the accused. The law clearly stipulates that it is an offence to dispose of the baby's body with the intention of concealing the mother's pregnancy. It is important to examine the circumstances surrounding the situation to determine if the accused was aware of the pregnancy and if they took deliberate steps to conceal it. This can be done by reviewing any evidence that may exist, including witness statements, medical records, or any other documentation that provides insight into the accused's mindset at the time of the alleged offence. The type of disposal method used by the accused is another important consideration. Disposing of a dead child's body can take many different forms, such as burial, cremation, or concealing the remains. Each method has its own level of legal and moral implications, and it is important to determine if the disposal method was intended to conceal the mother's pregnancy or was done for other reasons. For example, if the accused buried the child's body in a public cemetery or notified authorities, it may be easier to argue that the disposal was not done with the intent to conceal the pregnancy. The timing of the disposal is also crucial. A delay in disposing of the body can suggest that the accused was struggling with the dilemma of what to do and may indicate a lack of intent to conceal the pregnancy. Conversely, immediate disposal can signal a guilty mind and demonstrate a clear intent to cover up the evidence. It is important to examine the evidence and investigate the timeline of events to establish a clear understanding of the accused's actions. Another important consideration is the motivation behind the accused's actions. It is possible that the accused was acting out of fear or panic, and did not intend to harm anyone knowingly. In such cases, it may be possible to negotiate a reduced sentence or an alternative to incarceration such as probation or community service. However, if the accused is found to have acted with malicious intent, they may face harsher sentencing. Various legal strategies can be employed when dealing with this section of the Criminal Code. Depending on the specifics of the case, one may argue a lack of intent, an alternate explanation for the accused's actions, or a wrong assumption about the state of the law. It may also be possible to argue that the accused was suffering from a mental disorder that significantly impacted their decision-making abilities. By examining the evidence and developing a strong case, it may be possible to avoid conviction or obtain a more lenient sentence. In conclusion, section 243 of the Criminal Code of Canada deals with a serious offence and requires careful consideration of strategic options when dealing with it. By examining the evidence and investigating the circumstances surrounding the case, one can determine the most effective legal strategy to employ. Whether it is arguing lack of intent, an alternate explanation, or a mental disorder, it is essential to construct a strong case to achieve the best possible outcome.