In short, no, Canada does not have the death penalty. Canada abolished capital punishment for all crimes in 1976. Since then, Canada has steadfastly refused to reinstate the death penalty, even though there have been occasional calls to bring it back.
A Brief History of the Death Penalty in Canada
Canada inherited its criminal code, including capital punishment, from Britain. The death penalty was first instituted in Canada in 1749 under British rule. Hanging was the only method used to carry out executions. Over time, the number of capital crimes was reduced from over 200 to just a handful. The last executions took place in 1962. In 1967, Bill C-168 was passed, allowing a 5-year phase-out of the death penalty for murder. In 1976, Canada abolished the death penalty for all offenses, including murder.
Key Dates in the Abolition of the Death Penalty
| Year | Event |
|---|---|
| 1967 | Bill C-168 passed, 5-year phase-out of the death penalty for murder begins |
| 1976 | Bill C-84 received royal assent, abolishing the death penalty for all offenses |
The last two people executed in Canada were Ronald Turpin and Arthur Lucas in 1962. The last woman executed was Margarethe Zemp in 1959. James Ford, hanged in 1958, was the last white person executed for the murder of an Indigenous person.
Opposition to the Death Penalty in Canada
There were several key factors driving the abolition of capital punishment in Canada:
- Shifting public opinion – Support for the death penalty was declining through the 1960s.
- Wrongful convictions – Cases like David Milgaard, wrongfully convicted for murder, raised doubts about the justice system’s infallibility.
- Discriminatory application – The poor and racial minorities were more likely to be executed.
- Ineffectiveness as a deterrent – No clear evidence that the death penalty deterred crime more than life imprisonment.
- Human rights concerns – The death penalty violated principles of human dignity.
Once abolished, there have been occasional calls for reinstatement, but return of capital punishment has been firmly rejected by Parliament. Abolition is now considered an important part of Canada’s national identity.
International Comparisons
Canada was the 97th country to fully abolish the death penalty. Today, over two-thirds of countries have abolished capital punishment either in law or practice. Here is how Canada compares to some other countries:
| Country | Use of Death Penalty |
|---|---|
| United States | Legal in 27 states, banned in 23 |
| Australia | Abolished nationwide in 1985 |
| United Kingdom | Abolished for all crimes in 1998 |
| China | Frequently used, exact numbers unknown |
Legal Challenges to Reinstatement
While there is essentially no parliamentary appetite to revive capital punishment, some legal experts argue reinstatement would face major constitutional challenges:
- Against Charter rights – Bringing back executions could violate Charter rights to life, liberty and security of person (Section 7).
- Cruel and unusual punishment – The death penalty may violate the Charter ban on “cruel and unusual treatment or punishment” (Section 12).
- Fair trial concerns – Wrongful convictions have exposed flaws in the justice system that could lead to wrongful executions.
These protections did not exist when the death penalty was still in use, presenting considerable legal barriers to reinstatement today.
Conclusion
Canada has not had the death penalty for over 46 years and all indications suggest capital punishment will remain abolished. While some periodically call for reinstatement, it would face significant legal and constitutional challenges. The death penalty is generally seen as inconsistent with Canadian values of human dignity and fallibility of the justice system. Barring an unforeseen reversal, Canada will likely remain abolitionist for the foreseeable future.