Counselling or Aiding Suicide
The offence of counselling or aiding suicide is outlined in section 241(1) of the Criminal Code.
A person commits the offence of counselling or aiding suicide when they encourage, guide, or otherwise help a person commit suicide.
Person A constantly tells person B to kill themself, person B does commit suicide.
Person C gives person D detailed instructions on how to commit suicide and strongly encourages person D to follow them. Even if person D does not follow person C’s instructions, person C has committed the offence of counselling or aiding suicide.
Person E gives person F pills that person F can take to kill themselves. Person E is aware person F is suicidal when he gives him the pills.
Offence Specific Defence(s)
Medical Assistance in Dying
If a medical or nurse practitioner, pharmacist, social worker, psychologist, psychiatrist, therapist, or anyone asked by the person to help is helping, encouraging, or guiding someone to kill themselves in accordance with all the laws concerning medical assistance in dying, they may not have completed the offence of counselling or aiding suicide.
These exceptions are codified in sections 241 (2), (3), (4), (5), (5.1) of the Criminal Code.
More Legal Information
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.