Capital Punishment in Canada

The Death Penalty

In 1976, capital punishment was removed from Canada's Criminal Code. After years of debate, Parliament decided that capital punishment was not an appropriate penalty. The reasons for this decision were due to the possibility of wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty as to the effectiveness of the death penalty as a deterrent.

Parliament replaced the death penalty for murder with a mandatory life sentence with no eligibility for parole for 25 years in the case of first-degree murder, and between 10 and 25 years for second-degree murder.

History of the Death Penalty in Canada

• The only method of execution ever used in Canada was hanging.
• In 1859, offences punishable by death in Canada included: murder, rape, treason, administering poison or wounding with intent to commit murder, unlawfully abusing a girl under ten, buggery with man or beast, robbery with wounding, burglary with assault, arson, casting away a ship, and exhibiting a false signal endangering a ship.
• By 1869, only three crimes were punishable by death: murder, rape and treason.
• In 1961, legislation was passed which reclassified murder into capital and non-capital offences. Capital murder referred to planned or deliberate murder, murder that occurred during the course of other violent crimes, or the murder of a police officer or prison guard. At this time, only capital murder was punishable by death.
• On December 10, 1962, Arthur Lucas and Robert Turpin were the last people to be executed in Canada.
• In 1967, a bill was passed that placed a moratorium on the use of the death penalty, except in cases involving the murder of a police officer or corrections officer.
• On July 14, 1976, with the exception of certain offences under the National Defence Act, the death penalty was abolished in Canada. The bill, C-84, passed by a narrow margin on a free vote.
• In 1987, a free vote regarding the reinstatement of the death penalty was held in the House of Commons. The result of the vote was in favour of maintaining the abolition of the death penalty, 148 to127.
• In 1998, Parliament removed the death penalty with the passing of An Act to Amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998 c. 35.
• Before the death penalty was abolished in Canada, 1481 people were sentenced to death, and 710 of these were executed. Of the 710 executed, 697 were men, and 13 were women.
• In Canada, the abolition of the death penalty is considered to be a principle of fundamental justice. Canada has played a key role in denouncing the use of capital punishment at the international level.
• The Supreme Court of Canada has held that prior to extraditing an individual for a capital crime, Canada must seek assurances, save in exceptional circumstances from the requesting state that the death penalty will not be applied.