Criminal Code: Sections 233 and 237
Infanticide
Criminal Code: Sections 233 and 237
Infanticide
Overview
For a mother to be convicted of infanticide, two essential conditions must be met. First, she must have caused the death of her newborn child through a voluntary act or omission. Second, at the time of the act, her mind must be considered “disturbed,” which may result from her failure to recover from childbirth or the effects of lactation. For example, a mother suffering from postpartum depression who commits this act could be found guilty of infanticide (R. v. Borowiec, 2016 SCC 11).
Legal Consequences
A person convicted of infanticide faces a maximum sentence of 5 years in prison. This penalty reflects the recognition of the mother’s mental state at the time, which is considered in the context of this offense.
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