The application and development of infanticide legislation in the Canadian justice system is a controversial topic among the legal community. Section 233 of the Criminal Code (1985) contains the infanticide provision in Canadian statute law. Section 233 Infanticide can be used both as a stand-alone charge, and as a partial defence in cases where murder is charged. This thesis provides a brief historical overview of the infanticide provision’s legislative development. Since its enactment in 1948, the provision has undergone some revisions but has received little commentary from the courts. There is considerable confusion in the legal community surrounding some phrases in the provision and their legal meaning. Some argue the relevance of the provision in the context of modern Canadian society. In addition, this thesis discusses the various legal issues that have arisen from its application as well as the changes that have been made to the legislation as a result of prominent cases.
