The Felony Murder Doctrine in Canada Compared to the United States

In the United States, a felony murder is any death that results from a defendant committing an inherently dangerous felony. It has been criticized for being unduly harsh when sometimes a victim dies during the commission of a felony in unexpected ways that do not reflect the seriousness of the intention or the actions of the defendant. For example, a defendant could be charged with felony murder when a break and enter results in his accomplice being accidentally killed.

In Canada, unlike the United States, there is no felony murder doctrine. In R v. Martineau, the Supreme Court struck down the relevant section of the Criminal Code because it failed the proportionality test of the constitution set forth in R v. Oakes. The Court held: “Subjective foresight of death must be proven beyond a reasonable doubt before a conviction for murder can be sustained.”

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