Rethinking homicide : the constitutional case for reform / Colton Fehr.

Format:

Book

Author/Creator:

Fehr, Colton, author.

Language:

English

Subjects (All):

Homicide--Law and legislation--Canada.

Homicide.

Criminal law--Canada.

Criminal law.

Constitutional law--Canada.

Constitutional law.

Homicide--Law and legislation.

Canada.

Physical Description:

285 pages ; 24 cm

Place of Publication:

Montreal ; Kingston ; London ; Chicago : McGill-Queen's University Press, [2026]

Summary:

"A compelling and rigorously argued case for constitutionally restructuring the law of homicide. Critics describe homicide law in Canada as outdated and unprincipled in application. While early jurisprudence compelled limited reform, constitutional challenges subsided near the turn of the twentieth century, and legislative amendments have been rare and piecemeal. Rethinking Homicide makes a compelling case for constitutionally restructuring homicide law and considers how Parliament might respond. Colton Fehr contends that the distinctions between first- and second-degree murder and manslaughter unfairly label some offenders, challenges the infanticide provision, and explains why the provocation defence has no constitutional status and should be repealed. He also contends that murder's exclusion from the duress defence is inconsistent with the principle prohibiting conviction for morally involuntary conduct. From that principle, Fehr develops a broader constitutional structure for substantive defences implicated by homicide offences. He further contends that the minimum sentences applicable to homicide constitute cruel and unusual punishment. In response, Parliament will have to choose between a sentencing safety valve and a diminished responsibility defence, with the former option being the preferable policy. The arguments offered in Rethinking Homicide provide a timely and important contribution to criminal law. Scholars, judges, and lawyers alike will appreciate its much-needed contemplation of the Charter to this core area of criminal law."-- Provided by publisher.

Contents:

Introduction

Codifying homicide

Fault and fundamental justice

Infanticide and equality

Repealing provocation

Duress as a defence to murder

Constitutionalizing self-defence

Mandatory minimum sentences for homicide

Sentencing safety valve or diminished responsibility?

Conclusion.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Fehr, Colton. Rethinking homicide.

ISBN:

9780228027751

0228027756

OCLC:

1547896306