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An Act respecting the Criminal Law
SHORT TITLE
1 Short title
1. This Act may be cited as the Criminal Code.
R.S., c. C-34, s. 1.
INTERPRETATION
2 Definitions
2. In this Act,
2 "Act"
"Act" includes
(a) an Act of Parliament,
(b) an Act of the legislature of the former Province of Canada,
(c) an Act of the legislature of a province, and
(d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada;
2 "Attorney General"
"Attorney General"
(a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his lawful deputy, and
(b) with respect to
(i) the Northwest Territories and the Yukon Territory, or
(ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene or counselling
the contravention of any Act of Parliament other than this Act or any regulation made under any such Act, means the Attorney General of Canada and includes his lawful deputy;
2 "bank-note"
"bank-note" includes any negotiable instrument
(a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and
(b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada, intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills;
2 "bodily harm"
"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
2 "Canadian Forces"
"Canadian Forces" means the armed forces of Her Majesty raised by Canada;
2 "cattle"
"cattle" means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat;
2 "clerk of the court"
"clerk of the court" includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court;
2 "complainant"
"complainant" means the victim of an alleged offence;
2 "counsel"
"counsel" means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings;
2 "count"
"count" means a charge in an information or indictment;
2 "court of appeal"
"court of appeal" means
(a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court, and
(b) in all other provinces, the Court of Appeal;
2 "court of criminal jurisdiction"
"court of criminal jurisdiction" means
(a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,
(a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,
(b) a magistrate or judge acting under Part XIX, and
(c) in the Province of Ontario, the Ontario Court of Justice;
2 "day"
"day" means the period between six o'clock in the forenoon and nine o'clock in the afternoon of the same day;
2 "document of title to goods"
"document of title to goods" includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the
ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or
receive any goods thereby represented or therein mentioned or referred to;
2 "document of title to lands"
"document of title to lands" includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar's copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property;
2 "dwelling-house"
"dwelling-house" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes
(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence;
"every one", "person", "owner"
"every one", "person", "owner", and similar expressions include Her Majesty and public bodies, bodies corporate, societies, companies and inhabitants of counties, parishes, municipalities or other districts
in relation to the acts and things that they are capable of doing and owning respectively;
2 "explosive substance"
"explosive substance" includes
(a) anything intended to be used to make an explosive substance,
(b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and
(c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device;
"feeble-minded person" [Repealed, 1991, c. 43, s. 9]
2 "Her Majesty's Forces"
"Her Majesty's Forces" means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces;
2 "highway"
"highway" means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes;
2 "indictment"
"indictment" includes
(a) information or a count therein,
(b) a plea, replication or other pleading, and
(c) any record;
2 "internationally protected person"
"internationally protected person" means
(a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,
(b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,
(c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in
subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or
(d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity;
2 "justice"
"justice" means a justice of the peace or a magistrate, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction;
"magistrate" [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]
2 "mental disorder"
"mental disorder" means a disease of the mind;
2 "military"
"military" shall be construed as relating to all or any of the Canadian Forces;
2 "military law"
"military law" includes all laws, regulations or orders relating to the Canadian Forces;
2 "motor vehicle"
"motor vehicle" means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;
2 "municipality"
"municipality" includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose;
2 "newly-born child"
"newly-born child" means a person under the age of one year;
2 "night"
"night" means the period between nine o'clock in the afternoon and six o'clock in the forenoon of the following day;
2 "offender"
"offender" means a person who has been determined by a court to be
guilty of an offence, whether on acceptance of a plea of guilty or on
a finding of guilt;
2 "offensive weapon"
"offensive weapon" has the same meaning as "weapon";
2 "peace officer"
"peace officer" includes
(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the
Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or the Excise Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal
Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who
are
(i) appointed for the purposes of section 156 of the National Defence
Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
2 "prison"
"prison" includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody;
2 "property"
"property" includes
(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;
2 "prosecutor"
"prosecutor" means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them;
2 "provincial court judge"
"provincial court judge" means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person;
2 "public department"
"public department" means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada;
2 "public officer"
"public officer" includes
(a) an officer of customs or excise,
(b) an officer of the Canadian Forces,
(c) an officer of the Royal Canadian Mounted Police, and
(d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;
2 "public stores"
"public stores" includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department;
2 "railway equipment"
"railway equipment" means
(a) any machine that is constructed for movement exclusively on lines
of railway, whether or not the machine is capable of independent
motion, or
(b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;
2 "steal"
"steal" means to commit theft;
2 "superior court of criminal jurisdiction"
"superior court of criminal jurisdiction" means
(a) in the Province of Ontario, the Court of Appeal or the Ontario Court (General Division),
(b) in the Province of Quebec, the Superior Court,
(c) in the Province of Prince Edward Island, the Supreme Court,
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen's Bench,
(e) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the Supreme Court or the Court of Appeal,
(f) in the Yukon Territory, the Supreme Court, and
(g) in the Northwest Territories, the Supreme Court;
2 "territorial division"
"territorial division" includes any province, county, union of
counties, township, city, town, parish or other judicial division or
place to which the context applies;
2 "testamentary instrument"
"testamentary instrument" includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;
2 "trustee"
"trustee" means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;
2 "unfit to stand trial"
"unfit to stand trial" means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;
2 "valuable security"
"valuable security" includes
(a) an order, exchequer acquittance or other security that entitles or evidences the title of any person
(i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or
(ii) to a deposit in a savings bank or other bank,
(b) any debenture, deed, bond, bill, note, warrant, order or other
security for money or for payment of money,
(c) a document of title to lands or goods wherever situated,
(d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and
(e) a release, receipt, discharge or other instrument evidencing payment of money;
2 "weapon"
"weapon" means
(a) anything used, designed to be used or intended for use in causing death or injury to any person, or
(b) anything used, designed to be used or intended for use for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes any firearm as defined in subsection 84(1);
2 "wreck"
"wreck" includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada;
2 "writing"
"writing" includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed.
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27
(1st Supp.), s. 2, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213,
c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.),
s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28,
c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993,
c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40.
3 Descriptive cross-references
3. Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis
form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.
1976-77, c. 53, s. 2.
PART I
General
4(1) Postcard a chattel, value
4. (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition "property" in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
4(2) Value of valuable security
(2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:
(a) where the valuable security is one mentioned in paragraph (a) or
(b) of the definition "valuable security" in section 2, the value is
the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;
(b) where the valuable security is one mentioned in paragraph (c) or
(d) of the definition "valuable security" in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and
(c) where the valuable security is one mentioned in paragraph (e) of
the definition "valuable security" in section 2, the value is the
amount of money that has been paid.
4(3) Possession
(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be
deemed to be in the custody and possession of each and all of them.
4(4) Expressions taken from other Acts
(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.
4(5) Sexual intercourse
(5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.
4(6) Proof of notifications and service of documents
(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved by oral evidence given under oath by, or by the affidavit of, the person claiming to have served, given or sent it.
4(7) Attendance for examination
(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.
R.S., 1985, c. C-46, s. 4; R.S., 1985, c. 27 (1st Supp.), s. 3; 1994,
c. 44, s. 3.
5 Canadian Forces not affected
5. Nothing in this Act affects any law relating to the government of the Canadian Forces.
R.S., c. C-34, s. 4.
6(1) Presumption of innocence
6. (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,
(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 736 of the offence; and
(b) a person who is convicted or discharged under section 736 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.
6(2) Offences outside Canada
(2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 736 of an offence committed outside Canada.
6(3) Definition of "enactment"
(3) In this section, "enactment" means
(a) an Act of Parliament, or
(b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,
or any regulation made thereunder.
R.S., 1985, c. C-46, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1
(4th Supp.), s. 18(F).
7(1) Offences committed on aircraft
7. (1) Notwithstanding anything in this Act or any other Act, every one who
(a) on or in respect of an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, or
(b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,
commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
7(2) Idem
(2) Notwithstanding this Act or any other Act, every one who
(a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),
(b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),
(c) in relation to an air navigation facility used in international
air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),
(d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or
(e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence, shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.
7(2.1) Offences against fixed platforms or international maritime navigation
(2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would
constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed
(a) against or on board a fixed platform attached to the continental shelf of Canada;
(b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(c) by a Canadian citizen;
(d) by a person who is not a citizen of any state and who ordinarily resides in Canada;
(e) by a person who is, after the commission of the offence, present in Canada;
(f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or
(g) in an attempt to compel the Government of Canada to do or refrain from doing any act.
7(2.2) Offences against fixed platforms or navigation in the internal waters or territorial sea of another state
(2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada
(a) if it is committed as described in any of paragraphs (2.1)(b) to
(g); and
(b) if the offender is found in the territory of a state, other than
the state in which the act or omission was committed, that is
(i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or
(ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.
7(3) Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that if committed in Canada would be an offence against section 235, 236, 266, 267, 268, 269, 271, 272, 273, 279, 279.1, 280 to 283, 424 or 431 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified
under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or
(d) the act or omission is against
(i) a person who enjoys the status of an internationally protected
person by virtue of the functions that person performs on behalf of Canada, or
(ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition "internationally protected person" in section 2.
7(3.1) Offence of hostage taking
(3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;
(e) a person taken hostage by the act or omission is a Canadian
citizen; or
(f) the person who commits the act or omission is, after the
commission thereof, present in Canada.
7(3.2) Offences involving nuclear material
(3.2) Notwithstanding anything in this Act or any other Act, where
(a) a person, outside Canada, receives, has in his possession, uses,
transfers the possession of, sends or delivers to any person,
transports, alters, disposes of, disperses or abandons nuclear
material and thereby
(i) causes or is likely to cause the death of, or serious bodily harm to, any person, or
(ii) causes or is likely to cause serious damage to, or destruction
of, property, and
(b) the act or omission described in paragraph (a) would, if committed
in Canada, be an offence against this Act,
that person shall be deemed to commit that act or omission in Canada
if paragraph (3.5)(a), (b) or (c) applies in respect of the act or
omission.
7(3.3) Idem
(3.3) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that if committed in
Canada would constitute
(a) a conspiracy or an attempt to commit,
(b) being an accessory after the fact in relation to, or
(c) counselling in relation to,
an act or omission that is an offence by virtue of subsection (3.2)
shall be deemed to commit the act or omission in Canada if paragraph
(3.5)(a), (b) or (c) applies in respect of the act or omission.
7(3.4) Idem
(3.4) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that if committed in
Canada would constitute an offence against, a conspiracy or an attempt
to commit or being an accessory after the fact in relation to an
offence against, or any counselling in relation to an offence against,
(a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to
nuclear material,
(b) section 346 in respect of a threat to commit an offence against
section 334 or 344 in relation to nuclear material,
(c) section 423 in relation to a demand for nuclear material, or
(d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear
material
shall be deemed to commit that act or omission in Canada if paragraph
(3.5)(a), (b) or (c) applies in respect of the act or omission.
7(3.5) Idem
(3.5) For the purposes of subsections (3.2) to (3.4), a person shall
be deemed to commit an act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft in Canada under those regulations; or
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.
7(3.6) Definition of "nuclear material"
(3.6) For the purposes of this section, "nuclear material" means
(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the
isotope uranium-238 is greater than 0.72 per cent,
(d) uranium with an isotopic concentration equal to that occurring in nature, and
(e) any substance containing anything described in paragraphs (a) to
(d),
but does not include uranium in the form of ore or ore-residue.
7(3.7) Jurisdiction
(3.7) Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission that, if committed in
Canada, would constitute an offence against, a conspiracy or an
attempt to commit an offence against, being an accessory after the
fact in relation to an offence against, or any counselling in relation
to an offence against, section 269.1 shall be deemed to commit that
act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics
Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as
owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen;
(d) the complainant is a Canadian citizen; or
(e) the person who commits the act or omission is, after the
commission thereof, present in Canada.
7(3.71) Jurisdiction: war crimes and crimes against humanity
(3.71) Notwithstanding anything in this Act or any other Act, every
person who, either before or after the coming into force of this
subsection, commits an act or omission outside Canada that constitutes
a war crime or a crime against humanity and that, if committed in
Canada, would constitute an offence against the laws of Canada in
force at the time of the act or omission shall be deemed to commit
that act or omission in Canada at that time if,
(a) at the time of the act or omission,
(i) that person is a Canadian citizen or is employed by Canada in a civilian or military capacity,
(ii) that person is a citizen of, or is employed in a civilian or military capacity by, a state that is engaged in an armed conflict against Canada, or
(iii) the victim of the act or omission is a Canadian citizen or a
citizen of a state that is allied with Canada in an armed conflict; or
(b) at the time of the act or omission, Canada could, in conformity with international law, exercise jurisdiction over the person with
respect to the act or omission on the basis of the person's presence
in Canada and, subsequent to the time of the act or omission, the person is present in Canada.
7(3.72) Procedure and evidence
(3.72) Any proceedings with respect to an act or omission referred to
in subsection (3.71) shall be conducted in accordance with the laws of
evidence and procedure in force at the time of the proceedings.
7(3.73) Defences
(3.73) In any proceedings with respect to an act or omission referred
to in subsection (3.71), notwithstanding that the act or omission is
an offence under the laws of Canada in force at the time of the act or
omission, the accused may, subject to subsection 607(6), rely on any
justification, excuse or defence available under the laws of Canada or
under international law at that time or at the time of the
proceedings.
7(3.74) Conflict with internal law
(3.74) Notwithstanding subsection (3.73) and section 15, a person may
be convicted of an offence in respect of an act or omission referred
to in subsection (3.71) even if the act or omission is committed in
obedience to or in conformity with the law in force at the time and in
the place of its commission.
7(3.75) Attorney General of Canada
(3.75) Notwithstanding any other provision of this Act, no proceedings
may be commenced with respect to an act or omission referred to in
subsection (3.71) without the personal consent in writing of the
Attorney General or Deputy Attorney General of Canada, and such
proceedings may only be conducted by the Attorney General of Canada or
counsel acting on his behalf.
7(3.76) Definitions
(3.76) For the purposes of this section,
7(3.76) "conventional international law"
"conventional international law" means
(a) any convention, treaty or other international agreement that is in force and to which Canada is a party, or
(b) any convention, treaty or other international agreement that is in force and the provisions of which Canada has agreed to accept and
apply in an armed conflict in which it is involved;
7(3.76) "crime against humanity"
"crime against humanity" means murder, extermination, enslavement,
deportation, persecution or any other inhumane act or omission that is
committed against any civilian population or any identifiable group of
persons, whether or not it constitutes a contravention of the law in
force at the time and in the place of its commission, and that, at
that time and in that place, constitutes a contravention of customary
international law or conventional international law or is criminal
according to the general principles of law recognized by the community
of nations;
7(3.76) "war crime"
"war crime" means an act or omission that is committed during an
international armed conflict, whether or not it constitutes a
contravention of the law in force at the time and in the place of its
commission, and that, at that time and in that place, constitutes a
contravention of the customary international law or conventional
international law applicable in international armed conflicts.
7(3.77) Meaning of "act or omission"
(3.77) In the definitions "crime against humanity" and "war crime" in
subsection (3.76), "act or omission" includes, for greater certainty,
attempting or conspiring to commit, counselling any person to commit,
aiding or abetting any person in the commission of, or being an
accessory after the fact in relation to, an act or omission.
7(4) Offences by Public Service employees
(4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits
an act or omission in that place that is an offence under the laws of
that place and that, if committed in Canada, would be an offence
punishable by indictment shall be deemed to have committed that act or
omission in Canada.
7(5) Jurisdiction
(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect
of that offence may, whether or not that person is in Canada, be
commenced in any territorial division in Canada and the accused may be
tried and punished in respect of that offence in the same manner as if
the offence had been committed in that territorial division.
7(5.1) Appearance of accused at trial
(5.1) For greater certainty, the provisions of this Act relating to
(a) requirements that an accused appear at and be present during
proceedings, and
(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to
subsection (5).
7(6) Where previously tried outside Canada
(6) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been
tried and dealt with outside Canada in respect of the offence in such
a manner that, if that person had been tried and dealt with in Canada,
he would be able to plead autrefois acquit, autrefois convict or
pardon, that person shall be deemed to have been so tried and dealt
with in Canada.
7(7) Consent
(7) No proceedings shall be instituted under this section without the consent of the Attorney General of Canada if the accused is not a
Canadian citizen.
7(8) Definition of "flight" and "in flight"
(8) For the purposes of this section, of the definition "peace
officer" in section 2 and of sections 76 and 77, "flight" means the
act of flying or moving through the air and an aircraft shall be
deemed to be in flight from the time when all external doors are
closed following embarkation until the later of
(a) the time at which any such door is opened for the purpose of
disembarkation, and
(b) where the aircraft makes a forced landing in circumstances in
which the owner or operator thereof or a person acting on behalf of
either of them is not in control of the aircraft, the time at which
control of the aircraft is restored to the owner or operator thereof
or a person acting on behalf of either of them.
7(9) Definition of "in service"
(9) For the purposes of this section and section 77, an aircraft shall
be deemed to be in service from the time when pre-flight preparation
of the aircraft by ground personnel or the crew thereof begins for a
specific flight until
(a) the flight is cancelled before the aircraft is in flight,
(b) twenty-four hours after the aircraft, having commenced the flight, lands, or
(c) the aircraft, having commenced the flight, ceases to be in flight,
whichever is the latest.
7(10) Certificate as evidence
(10) If in any proceedings under this Act a question arises as to
whether any person is a person who is entitled, pursuant to
international law, to special protection from any attack on his
person, freedom or dignity, a certificate purporting to have been
issued by or under the authority of the Minister of Foreign Affairs
stating any fact relevant to that question is admissible in evidence
in those proceedings without proof of the signature or authority of
the person appearing to have signed it and, in the absence of evidence
to the contrary, is proof of the fact so stated.
7(11) Idem
(11) A certificate purporting to have been issued by or under the
authority of the Minister of Foreign Affairs stating
(a) that at a certain time any state was engaged in an armed conflict
against Canada or was allied with Canada in an armed conflict,
(b) that at a certain time any convention, treaty or other
international agreement was or was not in force and that Canada was or
was not a party thereto, or
(c) that Canada agreed or did not agree to accept and apply the
provisions of any convention, treaty or other international agreement
in an armed conflict in which Canada was involved,
is admissible in evidence in any proceedings without proof of the
signature or authority of the person appearing to have issued it, and
is proof of the facts so stated.
R.S., 1985, c. C-46, s. 7; R.S., 1985, c. 27 (1st Supp.), s. 5, c. 10
(3rd Supp.), s. 1, c. 30 (3rd Supp.), s. 1, c. 1 (4th Supp.), s.
18(F); 1992, c. 1, ss. 58, 60(F); 1993, c. 7, s. 1; 1995, c. 5, s. 25.
8(1) Application to territories
8. (1) The provisions of this Act apply throughout Canada except
(a) in the Yukon Territory, in so far as they are inconsistent with
the Yukon Act; and
(b) in the Northwest Territories, in so far as they are inconsistent
with the Northwest Territories Act.
8(2) Application of criminal law of England
(2) The criminal law of England that was in force in a province
immediately before April 1, 1955 continues in force in the province
except as altered, varied, modified or affected by this Act or any
other Act of the Parliament of Canada.
8(3) Common law principles continued
(3) Every rule and principle of the common law that renders any
circumstance a justification or excuse for an act or a defence to a
charge continues in force and applies in respect of proceedings for an
offence under this Act or any other Act of Parliament except in so far
as they are altered by or are inconsistent with this Act or any other
Act of Parliament.
R.S., c. C-34, s. 7.
9 Criminal offences to be under law of Canada
9. Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 736
(a) of an offence at common law,
(b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland,
or
(c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a
province of Canada,
but nothing in this section affects the power, jurisdiction or
authority that a court, judge, justice or provincial court judge had,
immediately before April 1, 1955, to impose punishment for contempt of
court.
R.S., 1985, c. C-46, s. 9; R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1
(4th Supp.), s. 18(F).
10(1) Appeal
10. (1) Where a court, judge, justice or magistrate summarily convicts a person for a contempt of court committed in the face of the court
and imposes punishment in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
10(2) Idem
(2) Where a court or judge summarily convicts a person for a contempt
of court not committed in the face of the court and punishment is
imposed in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
10(3) Part XXI applies
(3) An appeal under this section lies to the court of appeal of the
province in which the proceedings take place, and, for the purposes of
this section, the provisions of Part XXI apply, with such
modifications as the circumstances require.
R.S., c. C-34, s. 9; 1972, c. 13, s. 4.
11 Civil remedy not suspended
11. No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.
R.S., c. C-34, s. 10.
12 Offence punishable under more than one Act
12. Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction,
a person who does the act or makes the omission is, unless a contrary
intention appears, subject to proceedings under any of those Acts, but
is not liable to be punished more than once for the same offence.
R.S., c. C-34, s. 11.
13 Child under twelve
13. No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve
years.
R.S., c. C-34, s. 12; 1980-81-82-83, c. 110, s. 72.
14 Consent to death
14. No person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any
person by whom death may be inflicted on the person by whom consent is
given.
R.S., c. C-34, s. 14.
15 Obedience to de facto law
15. No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced
by persons in de facto possession of the sovereign power in and over
the place where the act or omission occurs.
R.S., c. C-34, s. 15.
16(1) Defence of mental disorder
16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the
person incapable of appreciating the nature and quality of the act or
omission or of knowing that it was wrong.
16(2) Presumption
(2) Every person is presumed not to suffer from a mental disorder so
as to be exempt from criminal responsibility by virtue of subsection
(1), until the contrary is proved on the balance of probabilities.
16(3) Burden of proof
(3) The burden of proof that an accused was suffering from a mental
disorder so as to be exempt from criminal responsibility is on the
party that raises the issue.
R.S., 1985, c. C-46, s. 16; R.S., 1985, c. 27 (1st Supp.), s. 185(F);
1991, c. 43, s. 2.
17 Compulsion by threats
17. A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the
offence is committed is excused for committing the offence if the
person believes that the threats will be carried out and if the person
is not a party to a conspiracy or association whereby the person is
subject to compulsion, but this section does not apply where the
offence that is committed is high treason or treason, murder, piracy,
attempted murder, sexual assault, sexual assault with a weapon,
threats to a third party or causing bodily harm, aggravated sexual
assault, forcible abduction, hostage taking, robbery, assault with a
weapon or causing bodily harm, aggravated assault, unlawfully causing
bodily harm, arson or an offence under sections 280 to 283 (abduction
and detention of young persons).
R.S., 1985, c. C-46, s. 17; R.S., 1985, c. 27 (1st Supp.), s. 40.
18 Compulsion of spouse
18. No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed
in the presence of the spouse of that married person.
R.S., c. C-34, s. 18; 1980-81-82-83, c. 125, s. 4.
19 Ignorance of the law
19. Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
R.S., c. C-34, s. 19.
20 Certain acts on holidays valid
20. A warrant or summons that is authorized by this Act or an
appearance notice, promise to appear, undertaking or recognizance
issued, given or entered into in accordance with Part XVI, XXI or
XXVII may be issued, executed, given or entered into, as the case may
be, on a holiday.
R.S., c. C-34, s. 20; R.S., c. 2(2nd Supp.), s. 2.
Parties to Offences
21(1) Parties to offence
21. (1) Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
21(2) Common intention
(2) Where two or more persons form an intention in common to carry out
an unlawful purpose and to assist each other therein and any one of
them, in carrying out the common purpose, commits an offence, each of
them who knew or ought to have known that the commission of the
offence would be a probable consequence of carrying out the common
purpose is a party to that offence.
R.S., c. C-34, s. 21.
22(1) Person counselling offence
22. (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence,
the person who counselled is a party to that offence, notwithstanding
that the offence was committed in a way different from that which was
counselled.
22(2) Idem
(2) Every one who counsels another person to be a party to an offence
is a party to every offence that the other commits in consequence of
the counselling that the person who counselled knew or ought to have
known was likely to be committed in consequence of the counselling.
22(3) Definition of "counsel"
(3) For the purposes of this Act, "counsel" includes procure, solicit or incite.
R.S., 1985, c. C-46, s. 22; R.S., 1985, c. 27 (1st Supp.), s. 7.
23(1) Accessory after the fact
23. (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or
assists that person for the purpose of enabling that person to escape.
23(2) Husband or wife, when not accessory
(2) No married person whose spouse has been a party to an offence is
an accessory after the fact to that offence by receiving, comforting
or assisting the spouse for the purpose of enabling the spouse to
escape.
R.S., c. C-34, s. 23; 1974-75-76, c. 66, s. 7.
23.1 Where one party cannot be convicted
23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids
or abets, counsels or procures or receives, comforts or assists cannot
be convicted of the offence.
R.S., 1985, c. 24 (2nd Supp.), s. 45.
24(1) Attempts
24. (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is
guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.
24(2) Question of law
(2) The question whether an act or omission by a person who has an
intent to commit an offence is or is not mere preparation to commit
the offence, and too remote to constitute an attempt to commit the
offence, is a question of law.
R.S., c. C-34, s. 24.
Protection of Persons Administering and Enforcing the Law
25(1) Protection of persons acting under authority
25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is
required or authorized to do and in using as much force as is
necessary for that purpose.
25(2) Idem
(2) Where a person is required or authorized by law to execute a
process or to carry out a sentence, that person or any person who
assists him is, if that person acts in good faith, justified in
executing the process or in carrying out the sentence notwithstanding
that the process or sentence is defective or that it was issued or
imposed without jurisdiction or in excess of jurisdiction.
25(3) When not protected
(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is
likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the
self-preservation of the person or the preservation of any one under
that person's protection from death or grievous bodily harm.
25(4) When protected
(4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to
cause death or grievous bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or
without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for
which that person may be arrested without warrant;
(c) the person to be arrested takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on
reasonable grounds that the force is necessary for the purpose of
protecting the peace officer, the person lawfully assisting the peace
officer or any other person from imminent or future death or grievous
bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less
violent manner.
25(5) Power in case of escape from penitentiary
(5) A peace officer is justified in using force that is intended or is
likely to cause death or grievous bodily harm against an inmate who is
escaping from a penitentiary within the meaning of subsection 2(1) of
the Corrections and Conditional Release Act, if
(a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily
harm to the peace officer or any other person; and
(b) the escape cannot be prevented by reasonable means in a less
violent manner.
R.S., 1985, c. C-46, s. 25; 1994, c. 12, s. 1.
26 Excessive force
26. Every one who is authorized by law to use force is criminally
responsible for any excess thereof according to the nature and quality
of the act that constitutes the excess.
R.S., c. C-34, s. 26.
27 Use of force to prevent commission of offence
27. Every one is justified in using as much force as is reasonably
necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph
(a).
R.S., c. C-34, s. 27.
28(1) Arrest of wrong person
28. (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is
protected from criminal responsibility in respect thereof to the same
extent as if that person were the person named in the warrant.
28(2) Person assisting
(2) Where a person is authorized to execute a warrant to arrest,
(a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named
in the warrant, and
(b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,
is protected from criminal responsibility in respect thereof to the
same extent as if that person were the person named in the warrant.
R.S., c. C-34, s. 28.
29(1) Duty of person arresting
29. (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it
when requested to do so.
29(2) Notice
(2) It is the duty of every one who arrests a person, whether with or
without a warrant, to give notice to that person, where it is feasible
to do so, of
(a) the process or warrant under which he makes the arrest; or
(b) the reason for the arrest.
29(3) Failure to comply
(3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who
makes an arrest, or those who assist them, of protection from criminal
responsibility.
R.S., c. C-34, s. 29.
30 Preventing breach of peace
30. Every one who witnesses a breach of the peace is justified in
interfering to prevent the continuance or renewal thereof and may
detain any person who commits or is about to join in or to renew the
breach of the peace, for the purpose of giving him into the custody of
a peace officer, if he uses no more force than is reasonably necessary
to prevent the continuance or renewal of the breach of the peace or
than is reasonably proportioned to the danger to be apprehended from
the continuance or renewal of the breach of the peace.
R.S., c. C-34, s. 30.
31(1) Arrest for breach of peace
31. (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in
arresting any person whom he finds committing the breach of the peace
or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.
31(2) Giving person in charge
(2) Every peace officer is justified in receiving into custody any
person who is given into his charge as having been a party to a breach
of the peace by one who has, or who on reasonable grounds the peace
officer believes has, witnessed the breach of the peace.
R.S., c. C-34, s. 31.
Suppression of Riots
32(1) Use of force to suppress riot
32. (1) Every peace officer is justified in using or in ordering the
use of as much force as the peace officer believes, in good faith and
on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
32(2) Person bound by military law
(2) Every one who is bound by military law to obey the command of his
superior officer is justified in obeying any command given by his
superior officer for the suppression of a riot unless the order is
manifestly unlawful.
32(3) Obeying order of peace officer
(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if
(a) he acts in good faith; and
(b) the order is not manifestly unlawful.
32(4) Apprehension of serious mischief
(4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to
secure the attendance of a peace officer is justified in using as much
force as he believes in good faith and on reasonable grounds,
(a) is necessary to suppress the riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
32(5) Question of law
(5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.
R.S., c. C-34, s. 32.
33(1) Duty of officers if rioters do not disperse
33. (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is
the duty of a peace officer and of a person who is lawfully required
by him to assist, to disperse or to arrest persons who do not comply
with the proclamation.
33(2) Protection of officers
(2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in
respect of any death or injury that by reason of resistance is caused
as a result of the performance by the peace officer or that person of
a duty that is imposed by subsection (1).
33(3) Section not restrictive
(3) Nothing in this section limits or affects any powers, duties or
functions that are conferred or imposed by this Act with respect to
the suppression of riots.
R.S., c. C-34, s. 33.
Self-induced Intoxication
33.1(1) When defence not available
33.1 (1) It is not a defence to an offence referred to in subsection
(3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the
offence, where the accused departed markedly from the standard of care
as described in subsection (2).
33.1(2) Criminal fault by reason of intoxication
(2) For the purposes of this section, a person departs markedly from
the standard of reasonable care generally recognized in Canadian
society and is thereby criminally at fault where the person, while in
a state of self-induced intoxication that renders the person unaware
of, or incapable of consciously controlling, their behaviour,
voluntarily or involuntarily interferes or threatens to interfere with
the bodily integrity of another person.
33.1(3) Application
(3) This section applies in respect of an offence under this Act or
any other Act of Parliament that includes as an element an assault or
any other interference or threat of interference by a person with the
bodily integrity of another person.
1995, c. 32, s. 1.
Defence of Person
34(1) Self-defence against unprovoked assault
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he
uses is not intended to cause death or grievous bodily harm and is no
more than is necessary to enable him to defend himself.
34(2) Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or
grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally
made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise
preserve himself from death or grievous bodily harm.
R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F).
35 Self-defence in case of aggression
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily
harm, or has without justification provoked an assault on himself by
another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in
order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or
grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
R.S., c. C-34, s. 35.
36 Provocation
36. Provocation includes, for the purposes of sections 34 and 35,
provocation by blows, words or gestures.
R.S., c. C-34, s. 36.
37(1) Preventing assault
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than
is necessary to prevent the assault or the repetition of it.
37(2) Extent of justification
(2) Nothing in this section shall be deemed to justify the wilful
infliction of any hurt or mischief that is excessive, having regard to
the nature of the assault that the force used was intended to prevent.
R.S., c. C-34, s. 37.
Defence of Property
38(1) Defence of personal property
38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
38(2) Assault by trespasser
(2) Where a person who is in peaceable possession of personal property
lays hands on it, a trespasser who persists in attempting to keep it
or take it from him or from any one lawfully assisting him shall be
deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 38.
39(1) Defence with claim of right
39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is
protected from criminal responsibility for defending that possession,
even against a person entitled by law to possession of it, if he uses
no more force than is necessary.
39(2) Defence without claim of right
(2) Every one who is in peaceable possession of personal property, but
does not claim it as of right or does not act under the authority of a
person who claims it as of right, is not justified or protected from
criminal responsibility for defending his possession against a person
who is entitled by law to possession of it.
R.S., c. C-34, s. 39.
40 Defence of dwelling
40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is
justified in using as much force as is necessary to prevent any person
from forcibly breaking into or forcibly entering the dwelling-house
without lawful authority.
R.S., c. C-34, s. 40.
41(1) Defence of house or real property
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under
his authority, is justified in using force to prevent any person from
trespassing on the dwelling-house or real property, or to remove a
trespasser therefrom, if he uses no more force than is necessary.
41(2) Assault by trespasser
(2) A trespasser who resists an attempt by a person who is in
peaceable possession of a dwelling-house or real property, or a person
lawfully assisting him or acting under his authority to prevent his
entry or to remove him, shall be deemed to commit an assault without
justification or provocation.
R.S., c. C-34, s. 41.
42(1) Assertion of right to house or real property
42. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person
under whose authority he acts, is lawfully entitled to possession of
it.
42(2) Assault in case of lawful entry
(2) Where a person
(a) not having peaceable possession of a dwelling-house or real
property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who
is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be deemed
to be without justification or provocation.
42(3) Trespasser provoking assault
(3) Where a person
(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and
who is entering it peaceably by day to take possession of it, for the
purpose of preventing him from entering, the assault shall be deemed
to be provoked by the person who is entering.
R.S., c. C-34, s. 42.
Protection of Persons in Authority
43 Correction of child by force
43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil
or child, as the case may be, who is under his care, if the force does
not exceed what is reasonable under the circumstances.
R.S., c. C-34, s. 43.
44 Master of ship maintaining discipline
44. The master or officer in command of a vessel on a voyage is justified in using as much force as he believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the vessel.
R.S., c. C-34, s. 44.
45 Surgical operations
45. Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if
(a) the operation is performed with reasonable care and skill; and
(b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed
and to all the circumstances of the case.
R.S., c. C-34, s. 45.
PART II
OFFENCES AGAINST PUBLIC ORDER
Treason and other Offences against the Queen's Authority and Person
46(1) High treason
46. (1) Every one commits high treason who, in Canada,
(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or
restrains her;
(b) levies war against Canada or does any act preparatory thereto; or
(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
46(2) Treason
(2) Every one commits treason who, in Canada,
(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
(c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
(d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
46(3) Canadian citizen
(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,
(a) commits high treason if, while in or out of Canada, he does
anything mentioned in subsection (1); or
(b) commits treason if, while in or out of Canada, he does anything
mentioned in subsection (2).
46(4) Overt act
(4) Where it is treason to conspire with any person, the act of
conspiring is an overt act of treason.
R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2.
47(1) Punishment for high treason
47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.
47(2) Punishment for treason
(2) Every one who commits treason is guilty of an indictable offence and liable
(a) to be sentenced to imprisonment for life if he is guilty of an
offence under paragraph 46(2)(a), (c) or (d);
(b) to be sentenced to imprisonment for life if he is guilty of an
offence under paragraph 46(2)(b) or (e) committed while a state of war
exists between Canada and another country; or
(c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e)
committed while no state of war exists between Canada and another
country.
47(3) Corroboration
(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is
corroborated in a material particular by evidence that implicates the
accused.
47(4) Minimum punishment
(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2.
48(1) Limitation
48. (1) No proceedings for an offence of treason as defined by
paragraph 46(2)(a) shall be commenced more than three years after the
time when the offence is alleged to have been committed.
48(2) Information for treasonable words
(2) No proceedings shall be commenced under section 47 in respect of
an overt act of treason expressed or declared by open and considered
speech unless
(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within
six days after the time when the words are alleged to have been spoken; and
(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.
R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.
Prohibited Acts
49 Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
(a) does an act with intent to alarm Her Majesty or to break the
public peace, or
(b) does an act that is intended or is likely to cause bodily harm to
Her Majesty,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 49.
50(1) Assisting alien enemy to leave Canada, or omitting to prevent
treason
50. (1) Every one commits an offence who
(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or
(ii) a state against whose forces Canadian Forces are engaged in
hostilities, whether or not a state of war exists between Canada and
the state whose forces they are,
to leave Canada without the consent of the Crown, unless the accused
establishes that assistance to the state referred to in subparagraph
(i) or the forces of the state referred to in subparagraph (ii), as
the case may be, was not intended thereby; or
(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace
or other peace officer thereof or make other reasonable efforts to
prevent that person from committing high treason or treason.
50(2) Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding fourteen years.
R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29.
51 Intimidating Parliament or legislature
51. Every one who does an act of violence in order to intimidate
Parliament or the legislature of a province is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen
years.
R.S., c. C-34, s. 51.
52(1) Sabotage
52. (1) Every one who does a prohibited act for a purpose prejudicial to
(a) the safety, security or defence of Canada, or
(b) the safety or security of the naval, army or air forces of any
state other than Canada that are lawfully present in Canada,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years.
52(2) Definition of "prohibited act"
(2) In this section, "prohibited act" means an act or omission that
(a) impairs the efficiency or impedes the working of any vessel,
vehicle, aircraft, machinery, apparatus or other thing; or
(b) causes property, by whomever it may be owned, to be lost, damaged
or destroyed.
52(3) Saving
(3) No person does a prohibited act within the meaning of this section
by reason only that
(a) he stops work as a result of the failure of his employer and
himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a
bargaining agent acting on his behalf to agree on any matter relating
to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or
employees.
52(4) Idem
(4) No person does a prohibited act within the meaning of this section
by reason only that he attends at or near or approaches a
dwelling-house or place for the purpose only of obtaining or
communicating information.
R.S., c. C-34, s. 52.
53 Inciting to mutiny
53. Every one who
(a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
(b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 53.
54 Assisting deserter
54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces
is guilty of an offence punishable on summary conviction, but no
proceedings shall be instituted under this section without the consent
of the Attorney General of Canada.
R.S., c. C-34, s. 54.
55 Evidence of overt acts
55. In proceedings for an offence against any provision in section 47
or sections 49 to 53, no evidence is admissible of an overt act unless
that overt act is set out in the indictment or unless the evidence is
otherwise relevant as tending to prove an overt act that is set out
therein.
R.S., c. C-34, s. 55.
56 Offences in relation to members of R.C.M.P.
56. Every one who wilfully
(a) persuades or counsels a member of the Royal Canadian Mounted
Police to desert or absent himself without leave,
(b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave,
or
(c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is
about to desert or absent himself without leave,
is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.
Passports
57(1) Forgery of or uttering forged passport
57. (1) Every one who, while in or out of Canada,
(a) forges a passport, or
(b) knowing that a passport is forged
(i) uses, deals with or acts on it, or
(ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
57(2) False statement in relation to passport
(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the
purpose of procuring any material alteration or addition to any such
passport, makes a written or an oral statement that he knows is false
or misleading
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
57(3) Possession of forged, etc., passport
(3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect
of which an offence under subsection (2) has been committed is guilty
of an indictable offence and liable to imprisonment for a term not exceeding five years.
57(4) Special provisions applicable
(4) For the purposes of proceedings under this section,
(a) the place where a passport was forged is not material; and
(b) the definition "false document" in section 321, and section 366, apply with such modifications as the circumstances require.
57(5) Definition of "passport"
(5) In this section, "passport" means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of
identifying the holder thereof.
57(6) Jurisdiction
(6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence
may, whether or not that person is in Canada, be commenced in any
territorial division in Canada and the accused may be tried and
punished in respect of that offence in the same manner as if the
offence had been committed in that territorial division.
57(7) Appearance of accused at trial
(7) For greater certainty, the provisions of this Act relating to
(a) requirements that an accused appear at and be present during
proceedings, and
(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to
subsection (6).
R.S., 1985, c. C-46, s. 57; R.S., 1985, c. 27 (1st Supp.), s. 9; 1992,
c. 1, s. 60(F); 1994, c. 44, s. 4; 1995, c. 5, s. 25.
58(1) Fraudulent use of certificate of citizenship
58. (1) Every one who, while in or out of Canada,
(a) uses a certificate of citizenship or a certificate of
naturalization for a fraudulent purpose, or
(b) being a person to whom a certificate of citizenship or a
certificate of naturalization has been granted, knowingly parts with
the possession of that certificate with intent that it should be used
for a fraudulent purpose,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
58(2) Definition of "certificate of citizenship" and "certificate of
naturalization"
(2) In this section, "certificate of citizenship" and "certificate of
naturalization", respectively, mean a certificate of citizenship and a
certificate of naturalization as defined by the Citizenship Act.
R.S., c. C-34, s. 59; 1974-75-76, c. 108, s. 41.
Sedition
59(1) Seditious words
59. (1) Seditious words are words that express a seditious intention.
59(2) Seditious libel
(2) A seditious libel is a libel that expresses a seditious intention.
59(3) Seditious conspiracy
(3) A seditious conspiracy is an agreement between two or more persons
to carry out a seditious intention.
59(4) Seditious intention
(4) Without limiting the generality of the meaning of the expression
"seditious intention", every one shall be presumed to have a seditious
intention who
(a) teaches or advocates, or
(b) publishes or circulates any writing that advocates,
the use, without the authority of law, of force as a means of
accomplishing a governmental change within Canada.
R.S., c. C-34, s. 60.
60 Exception
60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,
(a) to show that Her Majesty has been misled or mistaken in her
measures;
(b) to point out errors or defects in
(i) the government or constitution of Canada or a province,
(ii) Parliament or the legislature of a province, or
(iii) the administration of justice in Canada;
(c) to procure, by lawful means, the alteration of any matter of
government in Canada; or
(d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.
R.S., c. C-34, s. 61.
61 Punishment of seditious offences
61. Every one who
(a) speaks seditious words,
(b) publishes a seditious libel, or
(c) is a party to a seditious conspiracy,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 62.
62(1) Offences in relation to military forces
62. (1) Every one who wilfully
(a) interferes with, impairs or influences the loyalty or discipline
of a member of a force,
(b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or
(c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
62(2) Definition of "member of a force"
(2) In this section, "member of a force" means a member of
(a) the Canadian Forces; or
(b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.
R.S., c. C-34, s. 63.
Unlawful Assemblies and Riots
63(1) Unlawful assembly
63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a
manner or so conduct themselves when they are assembled as to cause
persons in the neighbourhood of the assembly to fear, on reasonable
grounds, that they
(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
63(2) Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that
would have made the assembly unlawful if they had assembled in that
manner for that purpose.
63(3) Exception
(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against
persons who are threatening to break and enter it for the purpose of
committing an indictable offence therein.
R.S., c. C-34, s. 64.
64 Riot
64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
R.S., c. C-34, s. 65.
65 Punishment of rioter
65. Every one who takes part in a riot is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 66.
66 Punishment for unlawful assembly
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 67.
67 Reading proclamation
67. A person who is
(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or
sheriff,
(b) a warden or deputy warden of a prison, or
(c) the institutional head of a penitentiary, as those expressions are
defined in subsection 2(1) of the Corrections and Conditional Release
Act, or that person's deputy,
who receives notice that, at any place within the jurisdiction of the
person, twelve or more persons are unlawfully and riotously assembled
together shall go to that place and, after approaching as near as is
safe, if the person is satisfied that a riot is in progress, shall
command silence and thereupon make or cause to be made in a loud voice
a proclamation in the following words or to the like effect:
Her Majesty the Queen charges and commands all persons being assembled
immediately to disperse and peaceably to depart to their habitations
or to their lawful business on the pain of being guilty of an offence
for which, on conviction, they may be sentenced to imprisonment for
life. GOD SAVE THE QUEEN.
R.S., 1985, c. C-46, s. 67; 1994, c. 44, s. 5.
68 Offences related to proclamation
68. Every one is guilty of an indictable offence and liable to
imprisonment for life who
(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the
proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes
after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in
section 67 would have been made in that place if some person had not
opposed, hindered or assaulted, wilfully and with force, a person who
would have made it.
R.S., c. C-34, s. 69.
69 Neglect by peace officer
69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 70.
Unlawful Drilling
70(1) Orders by Governor in Council
70. (1) The Governor in Council may, by proclamation, make orders
(a) to prohibit assemblies, without lawful authority, of persons for
the purpose
(i) of training or drilling themselves,
(ii) of being trained or drilled to the use of arms, or
(iii) of practising military exercises; or
(b) to prohibit persons when assembled for any purpose from training
or drilling themselves or from being trained or drilled.
70(2) General or special order
(2) An order that is made under subsection (1) may be general or may
be made applicable to particular places, districts or assemblies to be
specified in the order.
70(3) Punishment
(3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).
Duels
71 Duelling
71. Every one who
(a) challenges or attempts by any means to provoke another person to fight a duel,
(b) attempts to provoke a person to challenge another person to fight a duel, or
(c) accepts a challenge to fight a duel,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 72.
Forcible Entry and Detainer
72(1) Forcible entry
72. (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in
a manner that is likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace.
72(1.1) Matters not material
(1.1) For the purposes of subsection (1), it is immaterial whether or
not a person is entitled to enter the real property or whether or not
that person has any intention of taking possession of the real
property.
72(2) Forcible detainer
(2) A person commits forcible detainer when, being in actual
possession of real property without colour of right, he detains it in
a manner that is likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace, against a person who is
entitled by law to possession of it.
72(3) Questions of law
(3) The questions whether a person is in actual and peaceable
possession or is in actual possession without colour of right are
questions of law.
R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s. 10;
1992, c. 1, s. 60(F).
73 Punishment
73. Every person who commits forcible entry or forcible detainer is guilty of
(a) an offence punishable on summary conviction; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.), s. 11;
1992, c. 1, s. 58.
Piracy
74(1) Piracy by law of nations
74. (1) Every one commits piracy who does any act that, by the law of nations, is piracy.
74(2) Punishment
(2) Every one who commits piracy while in or out of Canada is guilty
of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 75; 1974-75-76, c. 105, s. 3.
75 Piratical acts
75. Every one who, while in or out of Canada,
(a) steals a Canadian ship,
(b) steals or without lawful authority throws overboard, damages or
destroys anything that is part of the cargo, supplies or fittings in a
Canadian ship,
(c) does or attempts to do a mutinous act on a Canadian ship, or
(d) counsels a person to do anything mentioned in paragraph (a), (b)
or (c),
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 75; R.S., 1985, c. 27 (1st Supp.), s. 7.
Offences against Air or Maritime Safety
76 Hijacking
76. Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft
with intent
(a) to cause any person on board the aircraft to be confined or
imprisoned against his will,
(b) to cause any person on board the aircraft to be transported
against his will to any place other than the next scheduled place of
landing of the aircraft,
(c) to hold any person on board the aircraft for ransom or to service
against his will, or
(d) to cause the aircraft to deviate in a material respect from its
flight plan,
is guilty of an indictable offence and liable to imprisonment for
life.
1972, c. 13, s. 6.
77 Endangering safety of aircraft or airport
77. Every one who
(a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,
(b) using a weapon, commits an act of violence against a person at an
airport serving international civil aviation that causes or is likely
to cause serious injury or death and that endangers or is likely to
endanger safety at the airport,
(c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(d) places or causes to be placed on board an aircraft in service
anything that is likely to cause damage to the aircraft, that will
render it incapable of flight or that is likely to endanger the safety
of the aircraft in flight,
(e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,
(f) using a weapon, substance or device, destroys or causes serious
damage to the facilities of an airport serving international civil
aviation or to any aircraft not in service located there, or causes
disruption of services of the airport, that endangers or is likely to
endanger safety at the airport, or
(g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,
is guilty of an indictable offence and liable to imprisonment for
life.
R.S., 1985, c. C-46, s. 77; 1993, c. 7, s. 3.
78(1) Offensive weapons and explosive substances
78. (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon
or any explosive substance
(a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or
(b) with the consent referred to in paragraph (a) but without
complying with all terms and conditions on which the consent was
given,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
78(2) Definition of "civil aircraft"
(2) For the purposes of this section, "civil aircraft" means all
aircraft other than aircraft operated by the Canadian Forces, a police
force in Canada or persons engaged in the administration or
enforcement of the Customs Act or the Excise Act.
R.S., 1985, c. C-46, s. 78; R.S., 1985, c. 1 (2nd Supp.), s. 213.
78.1(1) Seizing control of ship or fixed platform
78.1 (1) Every one who seizes or exercises control over a ship or
fixed platform by force or threat of force or by any other form of
intimidation is guilty of an indictable offence and liable to
imprisonment for life.
78.1(2) Endangering safety of ship or fixed platform
(2) Every one who
(a) commits an act of violence against a person on board a ship or fixed platform,
(b) destroys or causes damage to a ship or its cargo or to a fixed
platform,
(c) destroys or causes serious damage to or interferes with the
operation of any maritime navigational facility, or
(d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to
the fixed platform,
where that act is likely to endanger the safe navigation of a ship or
the safety of a fixed platform, is guilty of an indictable offence and
liable to imprisonment for life.
78.1(3) False communication
(3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty
of an indictable offence and liable to imprisonment for life.
78.1(4) Threats causing death or injury
(4) Every one who threatens to commit an offence under paragraph
(2)(a), (b) or (c) in order to compel a person to do or refrain from
doing any act, where the threat is likely to endanger the safe
navigation of a ship or the safety of a fixed platform, is guilty of
an indictable offence and liable to imprisonment for life.
78.1(5) Definitions
(5) In this section,
78.1(5) "fixed platform"
"fixed platform" means an artificial island or a marine installation
or structure that is permanently attached to the seabed for the
purpose of exploration or exploitation of resources or for other
economic purposes;
78.1(5) "ship"
"ship" means every description of vessel not permanently attached to
the seabed, other than a warship, a ship being used as a naval
auxiliary or for customs or police purposes or a ship that has been
withdrawn from navigation or is laid up.
1993, c. 7, s. 4.
Dangerous Substances
79 Duty of care re explosive
79. Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care
to prevent bodily harm or death to persons or damage to property by
that explosive substance.
R.S., c. C-34, s. 77.
80 Breach of duty
80. Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is
guilty of an indictable offence and, if as a result an explosion of an
explosive substance occurs that
(a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or
(b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 78.
81(1) Using explosives
81. (1) Every one commits an offence who
(a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;
(b) with intent to do bodily harm to any person
(i) causes an explosive substance to explode,
(ii) sends or delivers to a person or causes a person to take or
receive an explosive substance or any other dangerous substance or
thing, or
(iii) places or throws anywhere or at or on a person a corrosive
fluid, explosive substance or any other dangerous substance or thing;
(c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or
(d) makes or has in his possession or has under his care or control any explosive substance with intent thereby
(i) to endanger life or to cause serious damage to property, or
(ii) to enable another person to endanger life or to cause serious
damage to property.
81(2) Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
an indictable offence and liable
(a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or
(b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 79.
82 Possession without lawful excuse
82. Every one who, without lawful excuse, the proof of which lies on him, makes or has in his possession or under his care or control any
explosive substance is guilty of an indictable offence and liable to
imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12.
Prize Fights
83(1) Engaging in prize fight
83. (1) Every one who
(a) engages as a principal in a prize fight,
(b) advises, encourages or promotes a prize fight, or
(c) is present at a prize fight as an aid, second, surgeon, umpire,
backer or reporter,
is guilty of an offence punishable on summary conviction.
83(2) Definition of "prize fight"
(2) In this section, "prize fight" means an encounter or fight with
fists or hands between two persons who have met for that purpose by
previous arrangement made by or for them, but a boxing contest between
amateur sportsmen, where the contestants wear boxing gloves of not
less than one hundred and forty grams each in mass, or any boxing
contest held with the permission or under the authority of an athletic
board or commission or similar body established by or under the
authority of the legislature of a province for the control of sport
within the province, shall be deemed not to be a prize fight.
R.S., 1985, c. C-46, s. 83; R.S., 1985, c. 27 (1st Supp.), s. 186.
PART III
FIREARMS AND OTHER OFFENSIVE WEAPONS
Interpretation
84(1) Definitions
84. (1) For the purposes of this Part,
84(1) "antique firearm"
"antique firearm" means any firearm manufactured before 1898 that was
not designed to use rim-fire or centre-fire ammunition and that has
not been redesigned to use such ammunition, or, if so designed or
redesigned, is capable only of using rim-fire or centre-fire
ammunition that is not commonly available in Canada;
84(1) "chief provincial firearms officer"
"chief provincial firearms officer" means a person who has been
designated in writing by the Attorney General of a province as the
chief provincial firearms officer for that province;
84(1) "Commissioner"
"Commissioner" means the Commissioner of the Royal Canadian Mounted
Police;
84(1) "firearm"
"firearm" means any barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing
serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted
for use as a firearm;
84(1) "firearms acquisition certificate"
"firearms acquisition certificate" means a firearms acquisition certificate issued by a firearms officer under section 106 or 107;
84(1) "firearms officer"
"firearms officer" means any person who has been designated in writing as a firearms officer by the Commissioner or the Attorney General of a
province or who is a member of a class of persons that has been so designated;
84(1) "genuine gun collector"
"genuine gun collector" means an individual who possesses or seeks to
acquire one or more restricted weapons that are related or distinguished by historical, technological or scientific characteristics, has knowledge of those characteristics, has consented to the periodic inspection, conducted in a reasonable manner and in accordance with the regulations, of the premises in which the
restricted weapons are to be kept and has complied with such other requirements as are prescribed by regulation respecting knowledge, secure storage and the keeping of records in respect of the restricted weapons;
84(1) "large-capacity cartridge magazine"
"large-capacity cartridge magazine" means any device or container from
which ammunition may be fed into the firing chamber of a firearm;
84(1) "local registrar of firearms"
"local registrar of firearms" means any person who has been designated
in writing as a local registrar of firearms by the Commissioner or the
Attorney General of a province or who is a member of a class of police
officers or police constables that has been so designated;
84(1) "permit"
"permit" means a permit issued under section 110;
84(1) "prohibited weapon"
"prohibited weapon" means
(a) any device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(b) any knife that has a blade that opens automatically by gravity or
centrifugal force or by hand pressure applied to a button, spring or
other device in or attached to the handle of the knife,
(c) any firearm, not being a restricted weapon described in paragraph
(c) or (c.1) of the definition of that expression in this subsection,
that is capable of, or assembled or designed and manufactured with the
capability of, firing projectiles in rapid succession during one
pressure of the trigger, whether or not it has been altered to fire
only one projectile with one such pressure,
(d) any firearm adapted from a rifle or shotgun, whether by sawing, cutting or other alteration or modification, that, as so adapted, has
a barrel that is less than 457 mm in length or that is less than 660 mm in overall length,
(e) a weapon of any kind, not being an antique firearm or a firearm of a kind commonly used in Canada for hunting or sporting purposes, or a
part, component or accessory of such a weapon, or any ammunition, that
is declared by order of the Governor in Council to be a prohibited
weapon, or
(f) a large-capacity cartridge magazine prescribed by regulation;
84(1) "registration certificate"
"registration certificate" means a restricted weapon registration
certificate issued under section 109;
84(1) "regulations"
"regulations" means regulations made by the Governor in Council
pursuant to section 116;
84(1) "restricted weapon"
"restricted weapon" means
(a) any firearm, not being a prohibited weapon, designed, altered or intended to be aimed and fired by the action of one hand,
(b) any firearm that
(i) is not a prohibited weapon, has a barrel that is less than 470 mm in length and is capable of discharging centre-fire ammunition in a
semi-automatic manner, or
(ii) is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or
(c) any firearm that is designed, altered or intended to fire bullets in rapid succession during one pressure of the trigger and that, on
January 1, 1978, was registered as a restricted weapon and formed part
of a gun collection in Canada of a genuine gun collector,
(c.1) any firearm that is assembled or designed and manufactured with
the capability of firing projectiles in rapid succession with one
pressure of the trigger, to the extent that
(i) the firearm is altered to fire only one projectile with one such
pressure,
(ii) on October 1, 1992, the firearm was registered as a restricted weapon, or an application for a registration certificate was made to a
local registrar of firearms in respect of the firearm, and the firearm
formed part of a gun collection in Canada of a genuine gun collector,
and
(iii) subsections 109(4.1) and (4.2) were complied with in respect of that firearm, or
(d) a weapon of any kind, not being a prohibited weapon or a shotgun or rifle of a kind that, in the opinion of the Governor in Council, is
reasonable for use in Canada for hunting or sporting purposes, that is
declared by order of the Governor in Council to be a restricted weapon.
84(1.1) Barrel length
(1.1) For the purposes of paragraph (d) of the definition "prohibited
weapon" and of subparagraph (b)(i) of the definition "restricted
weapon" in subsection (1), the length of a barrel of a firearm means
(a) in the case of a revolver, the distance from the muzzle of the
barrel to the breach end immediately in front of the cylinder; and
(b) in any other case, the distance from the muzzle of the barrel to and including the chamber, but not including the length of any part or
accessory including parts or accessories designed or intended to suppress the muzzle flash or reduce recoil.
84(1.2) Weapon to be a restricted weapon
(1.2) Where the Governor in Council makes an order referred to in
paragraph (e) of the definition "prohibited weapon" in subsection (1),
the Governor in Council may also, by order, declare that a person who
possesses a weapon referred to in that paragraph prior to the coming
into force of the order referred to in that paragraph shall only
retain the ownership and possession of the weapon if the person
obtains a registration certificate in respect of the weapon in
accordance with section 109 and, where the Governor in Council makes
such an order, the weapon is deemed to be a restricted weapon for that
person for the purposes of this Act.
84(2) Certain weapons deemed not to be firearms
(2) Notwithstanding the definition "firearm" in subsection (1), for the purposes of the definitions "prohibited weapon" and "restricted
weapon" in that subsection and for the purpose of section 93,
subsections 97(1) and (3) and sections 102, 104, 105 and 116, the
following weapons shall be deemed not to be firearms:
(a) an antique firearm unless
(i) but for this subsection, it would be a restricted weapon, and
(ii) the person in possession thereof intends to discharge it;
(b) any device designed, and intended by the person in possession thereof, for use exclusively for
(i) signalling, notifying of distress or firing stud cartridges,
explosive-driven rivets or similar industrial ammunition, or
(ii) firing blank cartridges;
(c) any shooting device designed, and intended by the person in
possession thereof, for use exclusively for
(i) slaughtering of domestic animals,
(ii) tranquilizing animals, or
(iii) discharging projectiles with lines attached thereto; and
(d) any other barrelled weapon where it is proved that that weapon is not designed or adapted to discharge a shot, bullet or other
projectile at a muzzle velocity exceeding 152.4 m per second or to
discharge a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second.
84(3) Designated officer or constable
(3) A police officer or police constable designated in writing by the
Commissioner or the Attorney General of a province for the purposes of
this subsection or who is a member of a class of police officers or
police constables that has been so designated may perform such
functions and duties of a local registrar of firearms under
subsections 109(1) to (6) and subsections 110(3) and (4) as are
specified in the designation.
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F),
186; 1991, c. 40, s. 2.
Offences Related to the Use of Firearms and other Offensive Weapons
85(1) Use of firearm during commission of offence, etc.
85. (1) Every one who uses a firearm
(a) while committing or attempting to commit an indictable offence, or
(b) during his flight after committing or attempting to commit an
indictable offence,
whether or not he causes or means to cause bodily harm to any person
as a result thereof, is guilty of an indictable offence and liable to
imprisonment
(c) in the case of a first offence, except as provided in paragraph
(d), for not more than fourteen years and not less than one year, and
(d) in the case of a second or subsequent offence, or in the case of a first offence committed by a person who, prior to January 1, 1978, was
convicted of an indictable offence or an attempt to commit an
indictable offence, in the course of which or during his flight after
the commission or attempted commission of which he used a firearm, for
not more than fourteen years and not less than three years.
85(2) Sentences to be served consecutively
(2) A sentence imposed on a person for an offence under subsection (1)
shall be served consecutively to any other punishment imposed on him
for an offence arising out of the same event or series of events and
to any other sentence to which he is subject at the time the sentence
is imposed on him for an offence under subsection (1).
R.S., c. C-34, s. 83; 1976-77, c. 53, s. 3.
86(1) Pointing a firearm
86. (1) Every one who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
86(2) Careless use, etc., of firearm
(2) Every one who, without lawful excuse, uses, carries, handles,
ships or stores any firearm or ammunition in a careless manner or
without reasonable precautions for the safety of other persons
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two
years, and
(ii) in the case of a second or subsequent offence, for a term not
exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
86(3) Storage, etc., of firearms
(3) Every person who stores, displays, handles or transports any
firearm in a manner contrary to a regulation made under paragraph
116(1)(g)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 86; 1991, c. 40, s. 3.
Offences Related to Possession of Firearms and other Offensive Weapons
87 Possession of weapon or imitation
87. Every one who carries or has in his possession a weapon or
imitation thereof, for a purpose dangerous to the public peace or for
the purpose of committing an offence, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 85; 1976-77, c. 53, s. 3.
88 While attending public meeting
88. Every one who, without lawful excuse, has a weapon in his
possession while he is attending or is on his way to attend a public
meeting is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 86; 1976-77, c. 53, s. 3.
89 Carrying concealed weapon
89. Every one who carries a weapon concealed, unless he is the holder of a permit under which he may lawfully so carry it,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 87; 1976-77, c. 53, s. 3.
90(1) Possession of prohibited weapon
90. (1) Every one who has in his possession a prohibited weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
90(2) Prohibited weapon in motor vehicle
(2) Every one who is an occupant of a motor vehicle in which he knows
there is a prohibited weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
90(3) Saving provision
(3) Subsection (1) does not apply to a person who comes into
possession of a prohibited weapon by operation of law and thereafter,
with reasonable despatch, lawfully disposes thereof.
90(3.1) Classes of persons
(3.1) Subsection (1) does not apply in a province with respect to any
person designated by the Attorney General of the province as a person
who belongs to a class of persons who require a prohibited weapon
described in paragraph (c), (e) or (f) of the definition "prohibited
weapon" in subsection 84(1) or any component or part thereof for a
purpose that the Governor in Council prescribes by regulation to be an
industrial purpose, or to any person who is under the direct and
immediate supervision of such a person.
90(3.2) Large-capacity cartridge magazines
(3.2) Notwithstanding anything in this Act, no person is guilty of an
offence under subsection (1) by reason only that the person possesses
a prohibited weapon described in paragraph (f) of the definition of
that expression in subsection 84(1), where
(a) that person has been authorized in writing by the local registrar of firearms to be a person who may possess such a weapon for use in
conjunction with a firearm that is suitable for use in shooting competitions designated by the Attorney General and is lawfully
possessed by the person and where the person has complied with all
conditions for the possession of that weapon that are prescribed by
regulations or that are required by the local registrar of firearms in
the particular circumstances and in the interests of the safety of the
person or of any other person; or
(b) that person is a person who is designated for the purposes of
paragraph 95(3)(b).
90(4) Idem
(4) Subsection (2) does not apply to an occupant of a motor vehicle in which there is a prohibited weapon where, by virtue of subsection (3)
or section 92, subsection (1) does not apply to the person who is in
possession of that weapon.
R.S., 1985, c. C-46, s. 90; 1991, c. 28, s. 6, c. 40, ss. 4, 35; 1994,
c. 44, s. 6.
90.1(1) Refusal and notification
90.1 (1) Where, pursuant to paragraph 90(3.2)(a), a local registrar of firearms refuses to authorize in writing that a person is a person who
may possess a prohibited weapon referred to in that paragraph for use
in conjunction with a firearm that is suitable for use in shooting
competitions designated by the Attorney General, the local registrar
of firearms shall notify the person in writing of the refusal and the
reasons for it and include in the notification a copy of this section.
90.1(2) Request for reference to judge
(2) A person who has received a notification referred to in subsection
(1) may, within 30 days after receiving the notification or within such time as is, before or after the expiration of that period, allowed by a provincial court judge, request in writing the local
registrar of firearms to refer the matter to a provincial court judge
having jurisdiction in the territorial division in which the person
resides.
90.1(3) Hearing
(3) On a reference by the local registrar of firearms pursuant to
subsection (2), the provincial court judge shall fix a date for the
hearing of the reference and direct that notice of the hearing be
given to the person and to the local registrar of firearms, in such
manner as the provincial court judge may specify.
90.1(4) Burden of proof
(4) In a hearing under subsection (3) the burden of proof is on the person to satisfy the provincial court judge that the refusal was not
justified.
90.1(5) Order
(5) Where at the conclusion of the hearing under subsection (3), the person has satisfied the provincial court judge that the refusal was
not justified, the provincial court judge shall, by order, direct the local registrar of firearms to authorize in writing that the person
may possess a prohibited weapon referred to in paragraph 90(3.2)(a)
for use in conjunction with a firearm that is suitable for use in
shooting competitions designated by the Attorney General and the local
registrar of firearms shall immediately comply with the order.
90.1(6) Appeal
(6) Where a provincial court judge makes an order pursuant to
subsection (5), the local registrar of firearms may appeal to the
appeal court against the order and the provisions of Part XXVII except
sections 816 to 819 and 829 to 836 apply, with such modifications as
the circumstances require, in respect of the appeal.
90.1(7) Definition of "appeal court"
(7) In this section, "appeal court" has the meaning given that
expression in subsection 100(11).
1991, c. 40, s. 4.
91(1) Possession of unregistered restricted weapon
91. (1) Every one who has in his possession a restricted weapon for which he does not have a registration certificate
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
91(2) Possession elsewhere than at place authorized
(2) Every one who has in his possession a restricted weapon elsewhere
than at the place at which he is entitled to possess it, as indicated
on the registration certificate issued therefor, is, unless he is the
holder of a permit under which he may lawfully so possess it,
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) guilty of an offence punishable on summary conviction.
91(3) Restricted weapon in motor vehicle
(3) Every one who is an occupant of a motor vehicle in which he knows there is a restricted weapon is, unless some occupant of the motor
vehicle is the holder of a permit under which he may lawfully have
that weapon in his possession in the vehicle, or he establishes that
he had reason to believe that some occupant of the motor vehicle was
the holder of such permit,
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) guilty of an offence punishable on summary conviction.
91(4) Saving provision
(4) Subsection (1) does not apply to a person
(a) in respect of a restricted weapon, where a permit relating to the restricted weapon has been issued under subsection 110(1), (2.1) or
(3.1) and the person is not the person mentioned in the registration
certificate issued in respect of that restricted weapon;
(a.1) to whom a permit relating to a restricted weapon has been issued
under subsection 110(3) or (4) and who possesses the weapon for the
purpose for which that permit was issued;
(b) who has a restricted weapon in his possession while he is under the immediate supervision of a person who may lawfully possess the
weapon for the purpose of using the weapon in a manner in which the
supervising person may lawfully use it; or
(c) who comes into possession of a restricted weapon by operation of law and thereafter, with reasonable despatch, lawfully disposes of it
or obtains a registration certificate or permit under which he may
lawfully possess it.
91(4.1) Idem
(4.1) Subsection (2) does not apply to a person to whom a permit to
possess a particular restricted weapon has been issued under
subsection 110(1) where the person is not the person mentioned in the
registration certificate issued in respect of the restricted weapon,
when the person to whom the permit has been issued possesses the
restricted weapon at the place authorized by the permit.
91(5) Idem
(5) Subsection (3) does not apply to an occupant of a motor vehicle in which there is a restricted weapon where, by virtue of subsection (4)
or section 92, subsections (1) and (2) do not apply to the person who
is in possession of that weapon.
91(6) Idem
(6) Subject to sections 100 and 103, subsection 105(4) and to a
condition of a probation order referred to in paragraph 737(2)(d),
nothing in this Act makes it unlawful for a person to be in possession
of a restricted weapon, other than a restricted weapon described in
paragraph (c.1) of the definition of that expression in subsection
84(1), in the ordinary course of a business described in paragraph
105(1)(a) or (b) or subparagraph 105(2)(b)(ii).
R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36.
91.1(1) Amnesty periods
91.1 (1) The Governor in Council may make orders specifying periods of time as amnesty periods with respect to weapons or classes of weapons,
or explosive substances, and where the Governor in Council makes such
an order, no person who, during that period, delivers such a weapon or
explosive substance that is unlawfully in the person's possession to a
peace officer, local registrar of firearms or firearms officer for registration or destruction or other disposition as provided in the
order is, by reason only of the fact that the person was in possession
of the weapon or explosive substance prior to the delivery or by
reason only of the fact that the person transported the weapon or
explosive substance for purposes of the delivery, guilty of an offence
under section 82, 90 or 91, as the case may be.
91.1(2) Idem
(2) Any proceedings taken under section 82, 90 or 91 against any
person for any action taken by the person in reliance on subsection
(1) following an order referred to therein are a nullity.
1991, c. 40, s. 6.
92(1) Members of forces, peace officers, etc.
92. (1) Notwithstanding anything in this Act,
(a) a member of the Canadian Forces or of the armed forces of a state other than Canada who is authorized under paragraph 14(a) of the
Visiting Forces Act or who is attached or seconded to any of the Canadian Forces,
(b) a peace officer or a person in the public service of Canada or
employed by the government of a province,
(c) an officer under the Immigration Act, the Customs Act or the
Excise Act, or
(d) a person who, under the authority of the Canadian Forces or a
police force that includes peace officers or public officers, imports,
manufactures, repairs, alters, modifies or sells weapons for or on
behalf of the Canadian Forces or that police force
is not guilty of an offence under this Act by reason only that, in the
case of a person described in any of paragraphs (a) to (c), the person
is required to possess and possesses a restricted or prohibited weapon
for the purpose of the person's duties or employment and, in the case
of a person described in paragraph (d), the person possesses a
restricted or prohibited weapon in the course of business on behalf of
the Canadian Forces or a police force referred to in that paragraph.
92(2) Museums
(2) Notwithstanding anything in this Act, no operator of or person employed in a museum established by the Chief of the Defence Staff or
a museum approved for the purposes of this Part by the Commissioner or
the Attorney General of the province in which it is situated is guilty
of an offence under this Act by reason only that the person possesses
a restricted or prohibited weapon for the purpose of exhibiting that
weapon or of storing, repairing, restoring, maintaining or transporting that weapon for the purpose of exhibiting it.
R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213;
1991, c. 40, s. 7.
Offences Related to Sale, Delivery or Acquisition of Firearms and other Offensive Weapons
93(1) Transfer of firearm to person under 18
93. (1) Every one who gives, lends, transfers or delivers any firearm to a person under the age of eighteen years who is not the holder of a
permit under which the person may lawfully possess the firearm
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
93(2) Saving provision
(2) Subsection (1) does not apply to a person lawfully in possession of a firearm who permits a person under the age of eighteen years to
use the firearm under the direct and immediate supervision of the
person lawfully in possession of the firearm in the same manner in
which that person may lawfully use it.
R.S., 1985, c. C-46, s. 93; 1991, c. 40, s. 8.
94 Wrongful delivery of firearms, etc.
94. Every one who sells, barters, gives, lends, transfers or delivers any firearm or other offensive weapon or any ammunition or explosive
substance to a person who he knows or has good reason to believe is of
unsound mind, is impaired by alcohol or drugs, or is a person who is
prohibited by an order made pursuant to section 100 or 103 or by a
condition of a probation order referred to in paragraph 737(2)(d) from
possessing the firearm or other offensive weapon, ammunition or
explosive substance so sold, bartered, given, lent, transferred or
delivered,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction. .
R.S., c. C-34, s. 92; 1976-77, . 53, s. 3.
95(1) Importing or delivering prohibited weapon
95. (1) Every person who imports, exports, buys, sells, barters,
gives, lends, transfers or delivers a prohibited weapon or any
component or part designed exclusively for use in the manufacture or
assembly into a prohibited weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
95(2) Saving provision
(2) Notwithstanding subsection (1), a person who carries on a business described in paragraph 105(1)(b) may export or import for a purpose
that the Governor in Council prescribes by regulation, for the
purposes of subsection 90(3.1), to be an industrial purpose a
prohibited weapon described in paragraph (c), (e) or (f) of the
definition "prohibited weapon" in subsection 84(1) or components or
parts thereof, if that person does so under and in accordance with an
export permit or an import permit, as the case may be, issued under
the Export and Import Permits Act.
95(3) Exception
(3) Subsection (1) does not apply to a person who
(a) carries on a business referred to in paragraph 105(1)(a) and who, on behalf of a person described in subsection 90(3.2), imports, buys,
sells, barters, gives, lends, transfers or delivers a prohibited
weapon described in paragraph (f) of the definition of that expression
in subsection 84(1); or
(b) manufactures a prohibited weapon described in paragraph (f) of the definition of that expression in subsection 84(1) for the purpose of
exporting the prohibited weapon or of selling it in Canada to a person
who may lawfully possess such a prohibited weapon, where the person
who manufactures the prohibited weapon is designated for the purposes
of this subsection by the Attorney General of the province in which
the prohibited weapon is manufactured.
95(4) Saving provision
(4) Notwithstanding subsection (1), a person who carries on a business described in paragraph 105(1)(b) may transfer to a person designated
by the Attorney General of a province pursuant to subsection 90(3.1) a
prohibited weapon described in paragraph (c), (e) or (f) of the
definition "prohibited weapon" in subsection 84(1) or components or
parts thereof.
95(5) Idem
(5) Notwithstanding subsection (1), a person who is authorized in writing by a local registrar of firearms under paragraph 90(3.2)(a)
may import or export a prohibited weapon described in paragraph (f) of
the definition "prohibited weapon" in subsection 84(1), and to which
the authorization applies, for personal use in shooting competitions
designated under paragraph 90(3.2)(a).
R.S., 1985, c. C-46, s. 95; 1991, c. 28, s. 8, c. 40, ss. 9, 37; 1993,
c. 25, s. 93.
95.1 Making automatic firearm
95.1 Every person who, without lawful justification or excuse, alters a firearm so that it is capable of, or manufactures or assembles any
firearm with intent to produce a firearm that is capable of, firing
projectiles in rapid succession during one pressure of the trigger is
guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
1991, c. 40, s. 9.
96(1) Delivery of restricted weapon to person without permit
96. (1) Every one who sells, barters, gives, lends, transfers or
delivers any restricted weapon to a person who is not the holder of a
permit authorizing him to possess that weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
96(2) Saving provision
(2) Subsection (1) does not apply to a person lawfully in possession of a restricted weapon who permits a person who is not the holder of a
permit authorizing him to possess that weapon to use the weapon under
his immediate supervision in the same manner in which he may lawfully
use it.
96(3) Importation
(3) Every one who imports any restricted weapon when he is not the holder of a permit authorizing him to possess that weapon
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 94; 1976-77, c. 53, s. 3.
97(1) Delivery of firearm to person without firearms acquisition
certificate
97. (1) Every one who sells, barters, gives, lends, transfers or delivers any firearm to a person who does not, at the time of the sale, barter, giving, lending, transfer or delivery or, in the case of
a mail-order sale, within a reasonable time prior thereto, produce a
firearms acquisition certificate for inspection by the person selling,
bartering, giving, lending, transferring or delivering the firearm,
that that person has no reason to believe is invalid or was issued to
a person other than the person so producing it,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
97(2) Saving provision
(2) Subsection (1) does not apply to a person
(a) lawfully in possession of a firearm who lends the firearm
(i) to a person for use by that person in his company and under his guidance or supervision in the same manner in which he may lawfully
use it,
(ii) to a person who requires the firearm to hunt or trap in order to sustain himself or his family, or
(iii) to a person who is the holder of a permit issued under
subsection 110(1), (6) or (7) permitting the lawful possession of the
firearm;
(b) who returns a firearm to a person who lent it to him in
circumstances described in paragraph (a);
(c) who comes into possession of a firearm in the ordinary course of a business described in paragraph 105(1)(a) and who returns the firearm
to the person from whom it is received; or
(d) who is a peace officer, local registrar of firearms or firearms
officer who returns a firearm to a person who had lawfully possessed
the firearm and subsequently lost it or from whom it had been stolen.
97(3) Acquisition of firearm without firearms acquisition certificate
(3) Every one who imports or otherwise acquires possession in any manner whatever of a firearm while he is not the holder of a firearms
acquisition certificate
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
97(4) Saving provision
(4) Subsection (3) does not apply to a person who
(a) acquires a firearm in circumstances such that, by virtue of
subsection (2), subsection (1) does not apply to the person from whom
he acquires the firearm;
(b) reacquires a firearm from a person to whom he lent the firearm;
(c) imports a firearm at a time when he is not a resident of Canada;
(d) comes into possession of a firearm by operation of law and
thereafter, with reasonable despatch, lawfully disposes of it or
obtains a firearms acquisition certificate under which he could have
lawfully acquired the firearm;
(e) comes into possession of a firearm in the ordinary course of a business described in paragraph 105(1)(a) or (b) or 105(2)(a) or (b);
or
(f) has lawfully possessed a firearm and has subsequently lost it, or from whom it had been stolen, and who then reacquires it from a peace
officer, local registrar of firearms or firearms officer or finds it
and so reports to a peace officer, local registrar of firearms or
firearms officer.
R.S., 1985, c. C-46, s. 97; 1991, c. 40, ss. 10, 38.
98(1) Members of forces, peace officers, etc.
98. (1) Notwithstanding sections 95 to 97,
(a) a member of the Canadian Forces, or of the armed forces of a state other than Canada, referred to in paragraph 92(1)(a),
(b) a peace officer or a person in the public service of Canada or
employed by the government of a province, or
(c) an operator of or a person employed in a museum established by the Chief of the Defence Staff or a museum approved for the purposes of
this Part by the Commissioner or the Attorney General of the province
in which it is situated
is not guilty of an offence under this Act by reason only that the
person imports or otherwise acquires possession in any manner of any
weapon or component or part of a weapon in the course of the duties or
employment of that person.
98(2) Importation, etc., on behalf of armed forces and police forces
(2) Notwithstanding sections 95 to 97, a person who, under the
authority of the Canadian Armed Forces or a police force that includes
peace officers or public officers of a class referred to in paragraph
(1)(b), imports, manufactures, repairs, alters, modifies or sells
weapons or components or parts of weapons for or on behalf of the
Canadian Armed Forces or such a police force is not guilty of an
offence under this Act by reason only that that person so imports or
manufactures weapons or components or parts thereof or sells, barters,
gives, lends, transfers or delivers weapons or components or parts
thereof to the Canadian Armed Forces or such a police force.
98(3) Importation, etc., on behalf of museums
(3) Notwithstanding sections 95 to 97, a person who, under the
supervision of an operator of or a person employed in a museum
established by the Chief of the Defence Staff or a museum approved for
the purposes of this Part by the Commissioner or the Attorney General
of the province in which it is situated, imports, buys, repairs,
restores or maintains weapons or components or parts of weapons for or
on behalf of the museum is not guilty of an offence under this Act by
reason only that that person so imports, buys, repairs, restores or
maintains weapons or components or parts thereof or sells, barters,
gives, lends, transfers or delivers weapons or components or parts
thereof to the museum.
R.S., 1985, c. C-46, s. 98; R.S., 1985, c. 27 (1st Supp.), s. 13;
1991, c. 40, s. 11.
99 Exception
99. Notwithstanding sections 96 and 97, a person is not guilty of an offence under this Act by reason only that he transfers or delivers
(a) any restricted weapon to a person who carries on a business
described in subparagraph 105(2)(b)(ii), or
(b) any firearm, other than a restricted weapon, to a person who
carries on a business described in subsection 105(1) or subparagraph
105(2)(b)(ii)
for use in the course of that business.
R.S., c. C-34, s. 97; 1976-77, c. 53, s. 3.
Prohibition Orders, Seizure and Forfeiture
100(1) Order prohibiting possession of firearms, etc.
100. (1) Where an offender is convicted or discharged under section
736 of an indictable offence in the commission of which violence
against a person is used, threatened or attempted and for which the
offender may be sentenced to imprisonment for ten years or more or of
an offence under section 85, the court that sentences the offender
shall, subject to subsections (1.1) to (1.3), in addition to any other
punishment that may be imposed for that offence, make an order
prohibiting the offender from possessing any firearm or any ammunition
or explosive substance for any period of time specified in the order
that commences on the day on which the order is made and expires not
earlier than
(a) in the case of a first conviction for such an offence, ten years,
and
(b) in any other case, life,
after the time of the offender's release from imprisonment after
conviction for the offence or, if the offender is not then imprisoned
or subject to imprisonment, after the time of the offender's
conviction or discharge for that offence.
100(1.1) Where order not to be made
(1.1) The court is not required to make an order under subsection (1)
where the court is satisfied that the offender has established that
(a) it is not desirable in the interests of the safety of the offender
or of any other person that the order be made; and
(b) the circumstances are such that it would not be appropriate to
make the order.
100(1.2) Criteria
(1.2) In considering whether the circumstances are such that it would
not be appropriate to make an order under subsection (1), the court
shall consider
(a) the criminal record of the offender, the nature of the offence and the circumstances surrounding its commission;
(b) whether the offender needs a firearm for the sustenance of the offender or the offender's family; and
(c) whether the order would constitute a virtual prohibition against employment in the only vocation open to the offender.
100(1.3) Reasons
(1.3) Where the court does not make an order under subsection (1), the
court shall give reasons why the order is not being made.
100(2) Discretionary order prohibiting possession of firearms, etc.
(2) When an offender is convicted or discharged under section 736 of
(a) an offence involving the use, carriage, possession, handling or storage of any firearm or ammunition,
(b) an offence, other than an offence referred to in subsection (1), in the commission of which violence against a person was used, threatened or attempted, or
(c) an offence described in subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or in subsection 4(1) or (2) or 5(1) of the
Narcotic Control Act,
the court that sentences the offender, in addition to any other
punishment that may be imposed for the offence, shall consider whether
it is desirable, in the interests of the safety of the offender or of
any other person, to make an order prohibiting the offender from
possessing any firearm or any ammunition or explosive substance and
ordering the offender to surrender any firearms acquisition
certificate that the offender possesses, and where the court decides
that it is not desirable, in the interests of the safety of the
offender or of any other person, for the offender to possess any of
those things, the court shall so order.
100(2.1) Duration of order
(2.1) An order referred to in subsection (2) may be for any period of
time specified in the order but shall not expire later than ten years
after the time of the offender's release from imprisonment after
conviction for the offence to which the order relates, or, if the
offender is not then imprisoned or subject to imprisonment, after the
time of the offender's conviction or discharge from that offence.
100(3) Definition of "release from imprisonment"
(3) For the purposes of subsections (1) and (2), "release from
imprisonment" means release from confinement by reason of expiration
of sentence, commencement of mandatory supervision or grant of parole
other than day parole.
100(4) Application for order of prohibition
(4) Where a peace officer believes on reasonable grounds that it is not desirable in the interests of the safety of any person that a
particular person should possess any firearm or any ammunition or
explosive substance, he may apply to a magistrate for an order
prohibiting that particular person from having in his possession any
firearm or any ammunition or explosive substance.
100(5) Fixing date for hearing and notice
(5) On receipt of an application made pursuant to subsection (4) or on a reference by a firearms officer, pursuant to subsection 106(7), of
his opinion that it is not desirable in the interests of the safety of
an applicant for a firearms acquisition certificate or of any other
person that the applicant for a firearms acquisition certificate
acquire a firearm, the magistrate to whom the application or reference
is made shall fix a date for the hearing of the application or
reference and direct that notice of the hearing be given to the person
against whom the order of prohibition is sought or the applicant for
the firearms acquisition certificate and the firearms officer, as the
case may be, in such manner as the magistrate may specify.
100(6) Hearing of application and disposition
(6) At the hearing of an application made pursuant to subsection (4),
the magistrate shall hear all relevant evidence presented by or on
behalf of the applicant and the person against whom the order of
prohibition is sought and where, at the conclusion of the hearing, the
magistrate is satisfied that there are reasonable grounds to believe
that it is not desirable in the interests of the safety of the person
against whom the order of prohibition is sought or of any other person
that the person against whom the order is sought should possess any
firearm or any ammunition or explosive substance, the magistrate shall
make an order prohibiting him from having in his possession any
firearm or any ammunition or explosive substance for any period of
time, not exceeding five years, specified in the order and computed
from the day the order is made.
100(7) Hearing of reference and disposition
(7) At the hearing of a reference referred to in subsection (5), the provincial court judge shall hear all relevant evidence presented by
or on behalf of the firearms officer and the applicant for a firearms
acquisition certificate and where, at the conclusion of the hearing,
the firearms officer has satisfied the provincial court judge that the
opinion of the firearms officer that it is not desirable in the
interests of the safety of the applicant or of any other person that
the applicant acquire a firearm is justified, the provincial court
judge shall, by order, confirm that opinion and the refusal to issue
the firearms acquisition certificate and may prohibit the applicant
from possessing any firearm, ammunition or explosive substance for any
period, not exceeding five years, specified in the order and computed
from the day the order is made.
100(7.1) Revocation on order
(7.1) Where an order is made under subsection (1), (2) or (7), any
firearms acquisition certificate that is held by the person who is the
subject of the order is automatically revoked.
100(8) Idem
(8) Where, at the conclusion of a hearing referred to in subsection
(7), the firearms officer has not satisfied the magistrate that his
opinion that it is not desirable in the interests of the safety of the
applicant for a firearms acquisition certificate or of any other
person that the applicant for a firearms acquisition certificate
acquire a firearm is justified, the magistrate shall, by order, direct
the firearms officer to issue to that person a firearms acquisition
certificate and, on payment of the fee, if any, fixed for such a
certificate, the firearms officer shall forthwith comply with the
direction.
100(9) Where hearing may proceed ex parte
(9) A magistrate may proceed ex parte to hear and determine an
application made pursuant to subsection (4) or a reference referred to
in subsection (5) in the absence of the person against whom the order
of prohibition is sought or the applicant for a firearms acquisition
certificate, as the case may be, in circumstances in which a summary
conviction court may, pursuant to Part XXVII, proceed with a trial in
the absence of the defendant as fully and effectually as if the
defendant had appeared.
100(10) Appeal to appeal court in certain cases
(10) Where a magistrate
(a) makes an order pursuant to subsection (6) or (7), the prohibited person, or
(b) refuses to make an order pursuant to subsection (6), or makes an order pursuant to subsection (8), the Attorney General
(c) [Repealed, 1991, c. 40, s. 12]
may appeal to the appeal court against the order or refusal to make an
order, as the case may be, and the provisions of Part XXVII except
sections 816 to 819 and 829 to 838 apply, with such modifications as
the circumstances require, in respect of the appeal.
100(11) Definitions
(11) In this section,
100(11) "appeal court"
"appeal court" means
(a) in the Province of Ontario, the Ontario Court (General Division) sitting in the region, district or county or group of counties where
the adjudication was made,
(b) in the Province of Quebec, the Superior Court,
(b.1) [Repealed, 1992, c. 51, s. 33]
(c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and
Alberta, the Court of Queen's Bench,
(d) in the Provinces of Prince Edward Island and Newfoundland, the
Trial Division of the Supreme Court, and
(e) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;
100(11) "magistrate"
"magistrate" means a magistrate having jurisdiction in the territorial
division where the person against whom the relevant application for an
order of prohibition was brought or in respect of whom the reference
was made, as the case may be, resides.
100(12) Possession of firearm, ammunition, etc., while prohibited by
order
(12) Every one who has in his possession any firearm or any ammunition or explosive substance while he is prohibited from doing so by any
order made pursuant to this section
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
100(13) Defence
(13) An order made pursuant to subsection (1), (2), (6) or (7) shall
(a) specify a reasonable period within which the person against whom
the order is made may surrender to a police officer or firearms
officer, to be disposed of as the Attorney General directs, or
otherwise lawfully dispose of any firearm or any ammunition or
explosive substance lawfully possessed by that person prior to the
making of the order, and during which subsection (12) does not apply
to that person; and
(b) state that if that person fails to dispose of the firearm,
ammunition or explosive substance within the period specified in the
order, the firearm, ammunition or explosive substance is forfeited to
Her Majesty and must be surrendered to a police officer or firearms
officer to be disposed of as the Attorney General directs.
R.S., 1985, c. C-46, s. 100; R.S., 1985, c. 11 (1st Supp.), s. 2, c.
27 (1st Supp.), s. 14, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s.
18(F); 1990, c. 16, s. 2, c. 17, s. 8; 1991, c. 40, s. 12; 1992, c.
51, s. 33.
101(1) Search and seizure
101. (1) Whenever a peace officer believes on reasonable grounds that an offence is being committed or has been committed against any of the
provisions of this Act relating to prohibited weapons, restricted
weapons, firearms or ammunition and that evidence of the offence is
likely to be found on a person, in a vehicle or in any place or
premises other than a dwelling-house, the peace officer may, where the
conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant,
search, without warrant, the person, vehicle, place or premises, and
may seize anything by means of or in relation to which that officer
believes on reasonable grounds the offence is being committed or has
been committed.
101(2) Disposition
(2) Anything seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.
101(3) Definition of "dwelling-house"
(3) For the purposes of this section, "dwelling-house" does not
include a unit that is designed to be mobile other than such a unit
that is being used as a permanent residence.
R.S., 1985, c. C-46, s. 101; 1991, c. 40, s. 13.
102(1) Seizure
102. (1) Notwithstanding section 101, a peace officer who finds
(a) a person in possession of any restricted weapon who fails then and there to produce, for inspection by the peace officer, a registration
certificate or permit under which he may lawfully possess the weapon,
(b) a person under the age of sixteen years in possession of any
firearm who fails then and there to produce, for inspection by the
peace officer, a permit under which he may lawfully possess the
firearm, or
(c) any person in possession of a prohibited weapon,
may, unless possession of the restricted weapon, firearm or prohibited
weapon by the person in the circumstances in which it is so found is
authorized by any provision of this Part, seize the restricted weapon,
firearm or prohibited weapon.
102(1.1) Exception - immediate supervision
(1.1) A person under the age of eighteen years is authorized to be in
possession of a firearm where
(a) the person is under the direct and immediate supervision of
another person who may lawfully possess the firearm; or
(b) the person possesses a permit under which the person may lawfully
possess the firearm.
102(2) Return
(2) Where a person from whom a restricted weapon, firearm or
prohibited weapon was seized under subsection (1), within fourteen
days after the seizure, claims it and produces for inspection by the
peace officer by whom it was seized, or any other peace officer having
custody thereof, a registration certificate or permit under which the
person from whom the seizure was made is lawfully entitled to possess
the restricted weapon, firearm or prohibited weapon, the restricted
weapon, firearm or prohibited weapon shall forthwith be returned to
that person.
102(3) Forfeiture
(3) Where any restricted weapon, firearm or prohibited weapon that was seized pursuant to subsection (1) is not returned as and when provided
by subsection (2), a peace officer shall forthwith take it before a
magistrate who may, after affording the person from whom it was seized
or the owner thereof, if known, an opportunity to establish that he is
lawfully entitled to the possession thereof, declare it to be
forfeited to Her Majesty, whereupon it shall be disposed of as the
Attorney General directs.
R.S., 1985, c. C-46, s. 102; 1991, c. 28, s. 9, c. 40, s. 14.
103(1) Application for warrant to seize
103. (1) Where, on application to a justice made by a peace officer
with respect to any person, the justice is satisfied that there are
reasonable grounds for believing that it is not desirable in the
interests of the safety of that person, or of any other person, that
that person possess, or have custody or control of, any firearm or
other offensive weapon or any ammunition or explosive substance, the
justice may issue a warrant authorizing the search for and seizure of
any firearm or other offensive weapon or any ammunition, explosive
substance, authorization referred to in subsection 90(3.2), firearms
acquisition certificate, registration certificate issued under section
109 or permit issued under section 110, in the possession, custody or
control of that person.
103(2) Seizure without warrant
(2) Where, with respect to any person, a peace officer is satisfied
that there are reasonable grounds for believing that it is not
desirable in the interests of the safety of that person, or of any
other person, that that person possess, or have custody or control of,
any firearm or other offensive weapon or any ammunition or explosive
substance, the peace officer may, where the conditions for obtaining a
warrant under subsection (1) exist but by reason of a possible danger
to the safety of that person or any other person, it would not be
practicable to obtain a warrant, search for and seize any firearm or
other offensive weapon or any ammunition, explosive substance,
authorization referred to in subsection 90(3.2), firearms acquisition
certificate, registration certificate issued under section 109 or
permit issued under section 110, in the possession, custody or control
of that person.
103(3) Return to justice
(3) A peace officer who executes a warrant referred to in subsection
(1) or who conducts a search without warrant under subsection (2) shall forthwith make a return to the justice by whom the warrant was
issued or, if no warrant was issued, to a justice by whom a warrant
might have been issued showing
(a) in the case of an execution of a warrant, the articles, if any,
seized and the date of execution of the warrant; and
(b) in the case of a search without warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search and the articles, if any, seized.
103(3.1) Where certificate not seized
(3.1) Where a peace officer who performs a seizure under subsection
(1) or (2) is unable to seize an authorization referred to in
subsection 90(3.2), a firearms acquisition certificate, a registration
certificate issued under section 109 or a permit issued under section
110, the authorization, firearms acquisition certificate, registration
certificate or permit is automatically revoked.
103(4) Application for disposition
(4) Where any articles have been seized pursuant to subsection (1) or
(2), the justice by whom a warrant was issued or, if no warrant was
issued, a justice by whom a warrant might have been issued shall, on
application for an order for the disposition of the articles so seized
made by the peace officer within thirty days after the date of
execution of the warrant or of the seizure without warrant, as the
case may be, fix a date for the hearing of the application and direct
that notice of the hearing be given to such persons or in such manner
as the justice may specify.
103(4.1) Ex parte hearing
(4.1) A justice may proceed to hear and determine an application under
subsection (4) in the absence of the person against whom the order is
sought in circumstances in which a summary conviction court may,
pursuant to Part XXVII, proceed with a trial in the absence of the
defendant as fully and effectually as if the defendant had appeared.
103(5) Hearing of application
(5) At the hearing of an application under subsection (4), the justice shall hear all relevant evidence, including evidence respecting the
value of the articles in respect of which the application was made.
103(6) Finding and order of court
(6) If, following the hearing of an application under subsection (4)
made with respect to any person, the justice finds that it is not
desirable in the interests of the safety of that person or of any
other person that that person should possess, or have custody or
control of, any firearm or other offensive weapon or any ammunition or
explosive substance, the justice may
(a) order that any or all of the articles seized be disposed of on
such terms as the justice deems fair and reasonable, and give such
directions concerning the payment or application of the proceeds, if
any, of the disposition as the justice sees fit; and
(b) where the justice is satisfied that the circumstances warrant such
action,
(i) order that the possession by that person of any firearm or other offensive weapon or any ammunition or explosive substance specified in
the order, or of all such articles, be prohibited during any period,
not exceeding five years, specified in the order and computed from the
day on which the order is made, and
(ii) order that any firearms acquisition certificate issued to the
person be revoked and prohibit the person from applying for a firearms
acquisition certificate for any period referred to in subparagraph
(i).
103(7) Where no finding or application
(7) Any articles seized pursuant to subsection (1) or (2) in respect of which
(a) no application under subsection (4) is made within thirty days after the date of execution of the warrant or of the seizure without
warrant, as the case may be, or
(b) where an application under subsection (4) is made within the period referred to in paragraph (a), the justice does not make a finding as described in subsection (6)
shall be returned to the person from whom they were seized.
103(7.1) Restriction of authorization, etc.
(7.1) Where, pursuant to subsection (7), articles are returned to a
person from whom they were seized and an authorization, a firearms
acquisition certificate, a registration certificate or a permit has
been revoked pursuant to subsection (3.1), the justice referred to in
paragraph (7)(b) may order that the revocation be reversed and that
the authorization, firearms acquisition certificate, registration
certificate or permit be restored.
103(8) Appeal
(8) Where a justice
(a) makes an order under subsection (6) with respect to any person, that person, or
(b) does not make a finding as described in subsection (6) following the hearing of an application under subsection (4), or makes the finding but does not make an order to the effect described in
paragraph (6)(a) or to the effect described in paragraph (6)(b), the
Attorney General
may appeal to the appeal court against the making of the order, or
against the failure to make the finding or to make an order to the
effects so described, as the case may be, and the provisions of Part
XXVII except sections 816 to 819 and 829 to 838 apply, with such
modifications as the circumstances require, in respect of the appeal.
103(9) Definitions
(9) In this section,
103(9) "appeal court"
"appeal court" has the meaning given that expression in subsection
100(11);
103(9) "justice"
"justice" means a justice having jurisdiction in the territorial
division where the person with respect to whom an application is made
under subsection (1) or the person with respect to whom a search
without warrant is made under subsection (2) resides.
103(10) Possession while prohibited by order
(10) Every person who possesses any firearm or other offensive weapon or any ammunition, explosive substance or firearms acquisition
certificate while prohibited from doing so by any order made pursuant
to paragraph (6)(b)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15.
Found, Lost, Mislaid, Stolen and Defaced Firearms and other Weapons
104(1) Finding weapon
104. (1) Every one commits an offence who, on finding a prohibited weapon, restricted weapon or firearm that he has reasonable grounds to
believe has been lost or abandoned, does not with reasonable despatch
(a) deliver it to a peace officer, a local registrar of firearms or a
firearms officer; or
(b) report to a peace officer, a local registrar of firearms or a
firearms officer that he has found it.
104(2) Lost weapon, etc.
(2) Every one commits an offence who, having lost or mislaid a
restricted weapon for which he has a registration certificate or
permit or having had the weapon stolen from his possession, does not
with reasonable despatch report to a peace officer or a local
registrar of firearms that he has lost or mislaid the weapon or that
the weapon has been stolen from him.
104(3) Tampering with serial number
(3) Every one commits an offence who, without lawful excuse, the proof
of which lies on that person,
(a) alters, defaces or removes a serial number on a firearm; or
(b) possesses a firearm knowing that the serial number thereon has been altered, defaced or removed.
104(3.1) Exception
(3.1) No person is guilty of an offence under paragraph (3)(b) by
reason only of possessing a restricted weapon the serial number on
which has been altered, defaced or removed, where that serial number
has been replaced and a registration certificate has been issued in
respect of the restricted weapon that mentions the new serial number.
104(4) Evidence
(4) In proceedings under subsection (3), evidence that a person
possesses a firearm the serial number of which has been wholly or
partially obliterated otherwise than through normal use over time is,
in the absence of evidence to the contrary, proof that the person
possesses the firearm knowing that the serial number thereon has been
altered, defaced or removed.
104(5) Punishment
(5) Every one who contravenes this section
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 104; 1991, c. 40, s. 16.
Museums and Weapons Businesses
105(1) Record of transaction in weapons or firearms, etc.
105. (1) Every person who operates a museum approved for the purposes
of this Part by the Commissioner or the Attorney General of the
province in which it is situated, or who carries on a business that
includes
(a) the manufacturing, buying or selling at wholesale or retail,
storing, importing, repairing, modifying or taking in pawn of
restricted weapons or firearms, or, in the case referred to in
subsection 95(2), the importing, buying, selling, transferring or
delivering, at wholesale or retail, of prohibited weapons described in
paragraph (f) of the definition "prohibited weapon" in subsection
84(1), or
(b) the manufacturing, importing or exporting, for a purpose that the Governor in Council prescribes by regulation, for the purposes of
subsection 90(3.1), to be an industrial purpose, of prohibited weapons
described in paragraph (c), (e) or (f) of the definition "prohibited weapon" in subsection 84(1) or components or parts thereof,
shall meet the requirements set out in subsection (1.1).
105(1.1) Requirements
(1.1) Every person who operates a museum referred to in subsection
105(1), or who carries on a business described in paragraph (1)(a) or
(b) shall
(a) keep records of transactions entered into by that person with
respect to the prohibited or restricted weapons or firearms or the
prohibited weapons or the components or parts thereof referred to in
paragraph (1)(b), as the case may be, in a form prescribed by the
Commissioner and containing such information as is prescribed by the
Commissioner;
(b) keep an inventory of all the prohibited or restricted weapons or firearms, or the prohibited weapons or the components or parts thereof
referred to in paragraph (1)(b), as the case may be, on hand at the
location of the museum or at that person's place of business;
(c) produce the records and inventory for inspection at the request of any police officer or police constable or any other person authorized
by regulations made by the Governor in Council pursuant to paragraph
116(1)(a) or (b), as the case may be, to enter any place where the
museum is located or any place where the business described in paragraph (1)(a) or (b), as the case may be, is carried on; and
(d) mail a copy of the records and inventory to the Commissioner or to any person authorized by subsection 110(5) to issue a permit to carry
on the business in accordance with any request in writing made by the
Commissioner or person so authorized.
105(1.2) Firearms acquisition certificate
(1.2) A person who operates a museum referred to in subsection (1) or
who carries on a business described in paragraph (1)(a) or (b) shall
ensure that any person employed in or in connection with the museum or
business whose duties include the handling of firearms or restricted
or prohibited weapons holds a firearms acquisition certificate.
105(1.3) Exception
(1.3) Nothwithstanding subsection (1.2), the Attorney General of the
province in which a manufacturing business referred to in that
subsection is located may designate, for the purposes of this
subsection, any person or class of persons employed in or in
connection with the business, as a person who need not hold a firearms
acquisition certificate for the purposes of employment.
105(2) Report of loss, destruction or theft
(2) A person who
(a) operates a museum referred to in subsection (1) or carries on a business referred to in paragraph (1)(a) or (b), or
(b) carries on a business that includes
(i) the manufacturing, buying or selling at wholesale or retail or
importing of ammunition, or
(ii) the transportation or shipping of prohibited or restricted
weapons, firearms or ammunition
shall immediately report to a local registrar of firearms or a peace
officer any loss, destruction or theft of any restricted weapon,
firearm or ammunition, or any loss, destruction, theft or transfer of
any prohibited weapon or component or part thereof, that occurs in the
operation of the museum or in the course of the business.
105(3) Form of report
(3) A report made pursuant to subsection (2) shall be in a form
prescribed by the Commissioner and shall be made forthwith after the
loss, destruction or theft occurs or is discovered.
105(4) Permit to carry on business
(4) No person shall carry on a business described in subsection (1) or subparagraph (2)(b)(i) unless he is the holder of a permit to carry on
that business.
105(4.1) Application
(4.1) A permit referred to in subsection (4) may be issued by the
chief provincial firearms officer to
(a) any person who wishes to carry on a business described in
paragraph (1)(a) or subparagraph (2)(b)(i), or
(b) a person designated by the Attorney General of the province in which the business is or is to be carried on, and who is a member of a
class of persons who require a prohibited weapon described in paragraph (c), (e) or (f) of the definition "prohibited weapon" in
subsection 84(1) or parts thereof for a purpose that the Governor in
Council prescribes by regulation to be an industrial purpose,
and who applies for such a permit using the form prescribed by the
Commissioner.
105(4.2) Statement of location
(4.2) Every application for a permit referred to in subsection (4)
shall be accompanied by a statement signed by the applicant that
describes the location of the applicant's place of business for which
the permit is required and its ordinary hours of operation and every
applicant must furnish a new statement to the chief provincial
firearms officer immediately prior to any change in any of the
information contained in the statement.
105(5) Each location separate
(5) Where a person operates a museum referred to in subsection (1), or carries on a business described in paragraph (1)(a) or (b) or in
subparagraph (2)(b)(i), at more than one location, each location shall
be deemed for the purposes of this section and regulations made
pursuant to paragraphs 116(1)(a) to (c) to be a separate museum or
business.
105(6) Handling, secure storage, etc.
(6) No person shall, in the course of operating a museum referred to
in subsection (1) or of carrying on a business described in paragraph
(1)(a) or (b) or in subparagraph (2)(b)(i),
(a) handle, store, display or advertise any restricted weapon, firearm or ammunition in a manner that contravenes any regulation made pursuant to paragraph 116(1)(a); or
(b) sell by mail-order any restricted weapon, firearm or ammunition in a manner that contravenes any regulation made pursuant to paragraph
116(1)(c).
105(6.1) Idem
(6.1) No person shall, in the course of carrying on a business
described in paragraph (1)(b), handle or store any prohibited weapon
referred to in that paragraph or any component or part thereof in a
manner that contravenes any regulation made by the Governor in Council
pursuant to paragraph 116(1)(a.1).
105(7) Handling and transportation
(7) No person shall, in the course of operating a museum referred to in subsection (1) or of carrying on a business described in paragraph
(1)(a) or (b) or paragraph (2)(a) or (b), knowingly handle, ship,
store or transport any firearm or ammunition, or any prohibited weapon
referred to in paragraph (1)(b) or any component or part thereof, in a
manner that contravenes any regulation made by the Governor in Council
pursuant to paragraph 116(1)(d).
105(8) Punishment
(8) Every one who contravenes subsection (1), (2), (4), (6), (6.1) or (7)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 105; 1991, c. 28, s. 10, c. 40, ss. 18, 39;
1994, c. 44, s. 7.
Firearms Acquisition Certificates
106(1) Consideration of application and issuance of firearms
acquisition certificate
106. (1) Where a firearms officer who has received an application for a firearms acquisition certificate and the fee prescribed by
regulation does not, after considering the information contained in
the application, any further information that is submitted to the
firearms officer pursuant to a requirement under subsection (9) and
such other information as may reasonably be regarded as relevant to
the application, have notice of any matter that may render it
desirable in the interests of the safety of the applicant or of any
other person that the applicant should not acquire a firearm, the
firearms officer shall, subject to subsection (2), and after at least
twenty-eight days have elapsed since the application was received,
issue a firearms acquisition certificate to the applicant.
106(1.1) Appearance and photograph
(1.1) For greater certainty, an application for a firearms acquisition
certificate need not be submitted in person, but the firearms officer
who receives the application may require that the applicant appear in
person before the firearms acquisition certificate is issued and the
firearms officer must be satisfied that any photograph of the
applicant that is to be attached to the firearms acquisition
certificate is a current photograph of the applicant sufficient to
accurately identify the applicant.
106(1.2) Exception for renewals
(1.2) Notwithstanding subsection (1), where an applicant for a
firearms acquisition certificate holds a valid firearms acquisition
certificate at the time of applying for a new firearms acquisition
certificate
(a) the firearms officer may issue the new firearms acquisition
certificate before the twenty-eight days referred to in subsection (1)
have elapsed; and
(b) the fee prescribed by regulation for the new firearms acquisition
certificate shall be reduced by one-half.
106(2) Where no certificate may be issued
(2) No firearms acquisition certificate may be issued to a person who
(a) is under the age of eighteen years;
(b) is prohibited by an order made pursuant to section 100 or 103 or by a condition of a probation order referred to in paragraph 737(2)(d)
from having a firearm in his possession; or
(c) subject to subsection (2.2), fails to produce evidence in
conjunction with an application for a firearms acquisition certificate
that the person has, at any time prior to the application,
(i) successfully completed a course in, or a test relating to, the
safe handling and use of and the laws relating to firearms, that was
approved for the purposes of this section by the Attorney General of
the province in which the course or test is administered, or
(ii) been certified by a firearms officer, in circumstances prescribed
by regulation, as meeting the criteria of competence in the safe
handling and use of firearms and the laws relating to firearms
prescribed by regulation.
106(2.1) Notice
(2.1) Where a firearms officer certifies that an applicant is
competent for the purposes of subparagraph 106(2)(c)(ii), the firearms
officer shall immediately so inform the chief provincial firearms
officer in writing and shall give reasons for the certification.
106(2.2) Where prohibition order
(2.2) In the case of an applicant who has been the subject of an order
under subsection 100(1), (2) or (7), the applicant shall produce
evidence that the applicant successfully completed both the course and
the test referred to in subparagraph (2)(c)(i) after the expiration of
the order.
106(3) Coming into force of paragraph (2)(c)
*(3) Paragraph (2)(c) shall come into force in any province only on a
day fixed in a proclamation declaring that paragraph to be in force in
that province.
*[Note: In force in all provinces, except the Northwest Territories,
see SI/94-7, SI/94-49 and SI/94-108.]
106(4) Deemed notice
(4) A firearms officer shall be deemed to have notice of a matter that
may render it desirable in the interests of the safety of an applicant
for a firearms acquisition certificate or of any other person that the
applicant should not acquire a firearm and a provincial court judge,
on a reference pursuant to subsection (7), is entitled to confirm the
opinion of a firearms officer that it is not desirable in the
interests of the safety of the applicant or of any other person that
the applicant should acquire a firearm, where it is made to appear to
the judge that
(a) the applicant has been convicted within five years immediately preceding the date of the application, in proceedings on indictment,
of
(i) an offence in the commission of which violence against another person was used, threatened or attempted, or
(ii) an offence under this Part;
(b) the applicant, within five years immediately preceding the date of the application, has been treated for a mental disorder, whether in a
hospital, mental institute or psychiatric clinic or otherwise and
whether or not the applicant was, during that period, confined to such
a hospital, institute or clinic, where the disorder was associated
with violence or threatened or attempted violence on the part of the
applicant against any person;
(c) the applicant has a history of behaviour occurring within five
years immediately preceding the date of the application, that included
violence or threatened or attempted violence on the part of the
applicant against any person; or
(d) there is another good and sufficient reason for confirming the
opinion.
106(5) Notice to be given
(5) Where a firearms officer who has received an application for a firearms acquisition certificate has notice of any matter that may
render it desirable in the interests of the safety of the applicant or
of any other person that the applicant should not acquire a firearm,
the firearms officer shall notify the applicant in writing that, in the opinion of the firearms officer, it is not desirable in the
interests of the safety of the applicant or of any other person that
the applicant acquire a firearm and of the reasons therefor, and that,
unless within thirty days after the day on which the notice is
received by the applicant or within such further time as is, before or
after the expiration of that period, allowed by a provincial court
judge, the applicant, in writing, requests the firearms officer to
refer the opinion to a provincial court judge for confirmation or
variation thereof, the application for the firearms acquisition
certificate will be refused.
106(6) Material to accompany notice
(6) A notice given by a firearms officer under this section shall be accompanied by a copy or an extract of the provisions of this section
and of subsections 100(5) to (13).
106(7) Reference to magistrate
(7) On receipt by a firearms officer, within the time provided in
subsection (5), of a request in writing to refer his opinion referred
to in that subsection to a magistrate for confirmation or variation
thereof, the firearms officer shall forthwith comply with that
request.
106(8) Application for firearms acquisition certificate
(8) An application for a firearms acquisition certificate shall be
made to a firearms officer in a form prescribed by the Commissioner
and shall be accompanied by the names of two persons who belong to a
class of persons prescribed by regulation who have known the applicant
for at least three years and who can confirm that the information on
the application, and any further information submitted pursuant to
subsection (9), is true.
106(8.1) No civil liability
(8.1) No person who is referred to in subsection (8) incurs any civil
liability by reason of any action taken by that person in connection
with the person's name having accompanied an application for a
firearms acquisition certificate.
106(9) Further information
(9) A firearms officer who has received an application for a firearms acquisition certificate may require the applicant to submit such
further information in addition to that included in the application as
may reasonably be regarded as relevant for the purpose of determining
whether there is any matter that might render it dangerous for the
safety of the applicant or of any other person if the applicant acquired a firearm.
106(9.1) Investigation
(9.1) Without restricting the scope of the inquiries a firearms
officer may make under subsection (1), a firearms officer who has
received an application for a firearms acquisition certificate may
conduct an investigation which may consist of interviews with the
applicant's neighbours, community/social workers, spouse, dependants,
or whomever in the opinion of the firearms officer may provide
information pertaining to whether the applicant has a history of
violent behaviour, including violence in the home.
106(10) Limitation
(10) No local registrar of firearms, firearms officer or other person
shall require as information, to be submitted by an applicant for a
firearms acquisition certificate or permit, details concerning the
makes or serial numbers of shotguns or rifles of a type, kind or
design commonly used in Canada for hunting or sporting purposes.
106(11) Form of and term for certificate
(11) The firearms acquisition certificate shall be in a form
prescribed by the Commissioner, shall, except where the Commissioner
deems that to do so would be inappropriate, have a photograph of the
holder attached to it, and shall be valid for five years after the day
on which it is issued, unless it is revoked before that time.
106(12) Exception
(12) Notwithstanding subsection (11), no fee is payable in respect of a firearms acquisition certificate that is issued to a person who
requires a firearm to hunt or trap in order to sustain himself or his
family.
106(13) Validity of certificate
(13) A firearms acquisition certificate is valid throughout Canada.
106(14) Refusal to issue
(14) Where a firearms officer refuses to issue a firearms acquisition
certificate, the firearms officer shall notify the applicant in
writing of the refusal and the reasons for it and include in the
notification a copy of this subsection and subsections (15) to (20).
106(15) Reference to provincial court judge
(15) Where a firearms officer refuses to issue a firearms acquisition
certificate, the applicant may, within thirty days after being
notified of the refusal or within such further time as is, before or
after the expiration of that period, allowed by a provincial court
judge, request, in writing, the firearms officer to refer the matter
to a provincial court judge having jurisdiction in the territorial
division in which the applicant resides.
106(16) Fixing date for hearing and notice
(16) On a reference by a firearms officer pursuant to subsection (15),
the provincial court judge shall fix a date for the hearing of the
reference and direct that notice of the hearing be given to the
applicant and to the firearms officer, in such manner as the
provincial court judge may specify.
106(17) Burden of proof
(17) In a hearing under subsection (16), the burden of proof is on the
applicant for the firearms acquisition certificate to satisfy the
provincial court judge that the refusal to issue the firearms
acquisition certificate was not justified.
106(18) Hearing of reference and disposition
(18) Where, at the conclusion of a hearing under subsection (16), the applicant has satisfied the provincial court judge that the refusal to
issue the firearms acquisition certificate was not justified, the
provincial court judge shall, by order, direct the firearms officer to
issue to the applicant a firearms acquisition certificate and the
firearms officer shall immediately comply with the order.
106(19) Appeal to appeal court in certain cases
(19) Where a provincial court judge makes an order pursuant to
subsection (18), the firearms officer may appeal to the appeal court
against the order, and the provisions of Part XXVII except sections
816 to 819 and 829 to 838 apply, with such modifications as the
circumstances require, in respect of the appeal.
106(20) Definition of "appeal court"
(20) In this section, "appeal court" has the meaning given that
expression in subsection 100(11).
R.S., 1985, c. C-46, s. 106; 1991, c. 40, s. 19.
107(1) Firearms acquisition certificate for other persons
107. (1) Notwithstanding subsection 106(2), the Governor in Council may make regulations prescribing the persons, other than individuals,
or classes of such persons to which firearms acquisition certificates
may be issued, and subsections 106(1), (5) to (7), (9) to (11) and
(13) to (20) apply, with such modifications as the circumstances
require, in respect of firearms acquisition certificates issued to
such persons.
107(2) Application
(2) An application for a firearms acquisition certificate by a person
or a member of a class of persons prescribed pursuant to subsection
(1) shall be made to a firearms officer in a form prescribed by the Commissioner.
R.S., 1985, c. C-46, s. 107; 1991, c. 40, s. 20.
108 Agreements with provinces
108. The Minister of Justice of Canada, with the approval of the
Governor in Council, may enter into agreements with the governments of
the provinces for the coordination, to the maximum extent possible, of
the administration of sections 106, 107, 109, 109.1 and 110 with the
administration by provinces of provincial laws and programs relating
to game hunting, firearms competency testing and firearms safety
training.
R.S., 1985, c. C-46, s. 108; 1991, c. 40, s. 20.
Restricted Weapon Registration Certificates
109(1) Application for registration certificate
109. (1) An application for a registration certificate in respect of a restricted weapon shall be in a form prescribed by the Commissioner
and shall be made to a local registrar of firearms.
109(2) Permit to convey
(2) On receiving an application for a registration certificate, a
local registrar of firearms may issue a permit under subsection 110(4)
authorizing the applicant to convey the weapon to him for examination.
109(3) Limitation
(3) A registration certificate may be issued only where a local
registrar of firearms indicates on the copy of the application for the
certificate that is sent to the Commissioner pursuant to subsection
(5) that
(a) the applicant for the certificate is the holder of a firearms
acquisition certificate and is eighteen or more years of age, and
(b) the restricted weapon to which the application relates bears a
serial number sufficient to distinguish it from other restricted
weapons or, in the case of an antique firearm that does not bear such
a serial number, it is accurately described in the application,
and further that the restricted weapon to which the application
relates
(c) is required by the applicant
(i) to protect life,
(ii) for use in connection with his lawful profession or occupation,
(iii) for use in target practice under the auspices of a shooting club approved for the purposes of this section by the Attorney General of
the province in which the premises of the shooting club are located or
by an agent specially designated by that Attorney General in writing
for the purpose of this subsection, or
(iv) for use in target practice in accordance with conditions proposed to be attached to the permit to be issued in respect of the restricted
weapon under subsection 110(1),
(d) will form part of a gun collection of the applicant who is a
genuine gun collector and who has complied with any regulations
relating to the secure storage of, and the keeping of records
respecting, restricted weapons made pursuant to subsection 116(1), or
(e) is or is deemed pursuant to paragraph 116(f) to be a relic for the
purposes of this Part.
109(4) Idem
(4) A registration certificate may only be issued in respect of a
restricted weapon described in paragraph (c) of the definition
"restricted weapon" in subsection 84(1) where a local registrar of
firearms, in addition to the matters referred to in subsection (3),
indicates on the copy of the application that is sent to the
Commissioner pursuant to subsection (5) that the restricted weapon
will form part of a gun collection of the applicant who is a genuine
gun collector whose collection includes one or more restricted weapons
described in that paragraph.
109(4.1) Idem
(4.1) A registration certificate may only be issued in respect of a
restricted weapon described in paragraph (c.1) of the definition
"restricted weapon" in subsection 84(1) where a local registrar of
firearms, in addition to the matters referred to in subsection (3),
(a) indicates on the copy of the application that is sent to the
Commissioner pursuant to subsection (5) that the restricted weapon
will form part of a gun collection of the applicant who is a genuine
gun collector whose collection includes one or more restricted weapons
described in that paragraph; and
(b) describes on the copy referred to in paragraph (a) all alterations that have been made to the restricted weapon to enable it to fire only
one projectile with one pressure of the trigger.
109(4.2) Changes
(4.2) Where the description of the alterations referred to in
paragraph (4.1)(b) changes in respect of a restricted weapon, the
restricted weapon registration certificate issued in respect of the
weapon is automatically revoked and the holder of that certificate
shall immediately apply for a new registration certificate in respect
of the weapon.
109(4.3) Time of ownership
(4.3) Notwithstanding anything in this Act, no registration
certificate may be issued in respect of a restricted weapon described
in paragraph (c.1) of the definition "restricted weapon" in subsection
84(1) to a person who did not lawfully possess such a restricted
weapon at the time of the coming into force of this subsection.
109(5) Distribution of copies of application
(5) The local registrar of firearms by whom an application for a
registration certificate is received shall
(a) send one copy thereof to the Commissioner;
(b) deliver one copy thereof to the applicant for the certificate; and
(c) retain one copy thereof.
109(6) Matters to be reported to Commissioner
(6) Where a local registrar of firearms to whom an application for a registration certificate is made has notice of any matter that may
render it desirable in the interests of the safety of the applicant or
any other person that the applicant should not possess a restricted
weapon, he shall report that matter to the Commissioner and he may, if
the restricted weapon is conveyed to him for examination, hold the
weapon pending the final disposition of the application for a registration certificate in respect thereof.
109(7) Registration certificate
(7) On receiving an endorsed copy of an application for a registration certificate, the Commissioner shall, subject to subsections (3) and
(4) and section 112, register the restricted weapon described in the
application and issue a restricted weapon registration certificate
therefor to the applicant, in such form as the Commissioner may
prescribe, indicating thereon the place at which the holder of the
certificate is thereby entitled to possess the restricted weapon.
109(8) Limitation
(8) No place other than the usual dwelling-house of the applicant for
a registration certificate or his ordinary place of business may be
indicated on the registration certificate as the place at which the
holder of the certificate is thereby entitled to possess the
restricted weapon to which the certificate relates.
R.S., 1985, c. C-46, s. 109; R.S., 1985, c. 27 (1st Supp.), s. 185(F);
1991, c. 40, s. 21.
109.1 Registration certificate for other persons
109.1 Notwithstanding paragraphs 109(3)(a) and (d), the Governor in Council may make regulations prescribing the persons, other than
individuals, or classes of such persons, to which restricted weapon
registration certificates may be issued, and subsections 109(1) to (3)
and (5) to (8) apply, with such modifications as the circumstances
require, in respect of registration certificates issued to such persons.
1991, c. 40, s. 22.
Carriage Permits, Business Permits and Minors Permits
110(1) Permit to carry restricted weapon
110. (1) A permit that authorizes a person to possess a particular restricted weapon, whether or not that person is the person mentioned
in the registration certificate issued in respect of the weapon,
elsewhere than at the place at which the person is otherwise entitled
to possess it, as indicated on the registration certificate issued in
respect thereof, may be issued by the Commissioner, the Attorney
General of a province, a chief provincial firearms officer or a member
of a class of persons that has been designated in writing for that
purpose by the Commissioner or the Attorney General of a province, and
remains in force until the expiration of the period for which it is
expressed to be issued, unless it is revoked before that expiration.
110(2) Limitation
(2) A permit described in subsection (1) may be issued only where the person authorized to issue it is satisfied that the applicant therefor
requires the restricted weapon to which the application relates
(a) to protect life;
(b) for use in connection with his lawful profession or occupation;
(c) for use in target practice under the auspices of a shooting club approved for the purposes of this section by the Attorney General of
the province in which the premises of the shooting club are located;
or
(d) for use in target practice in accordance with the conditions
attached to the permit.
110(2.1) Temporary permit to carry
(2.1) A permit may be issued by a person authorized to issue a permit
under subsection (1) that authorizes a person who does not reside in
Canada to possess and carry between the places specified in the permit
a restricted weapon described in the permit for use in a target
shooting competition that is held under the auspices of a shooting
club referred to in subparagraph 109(3)(c)(iii), and remains in force
until the expiration of the period for which it is expressed to be
issued, unless it is revoked before that expiration.
110(3) Permit to transport restricted weapon
(3) A permit to transport a restricted weapon from one place to
another place specified therein may be issued by a local registrar of
firearms to any person who is required to transport that weapon by
reason of a change of residence or for any other bona fide reason, and
shall remain in force until the expiration of the period for which it
is expressed to be issued, unless it is sooner revoked.
110(3.1) Temporary storage permit
(3.1) A permit that authorizes a holder of a registration certificate
in respect of a restricted weapon to temporarily store the restricted
weapon elsewhere than at the place at which that holder is otherwise
entitled to possess it may be issued by a local registrar of firearms
jointly to the holder and an individual under whose control the
restricted weapon is to be stored.
110(3.2) Contents of permit
(3.2) A permit described in subsection (3.1) shall describe the
restricted weapon in respect of which it is issued, shall specify the
place at which that restricted weapon is to be stored and shall
authorize, in addition to the storage of the weapon, either person
named in the permit to transport the restricted weapon, prior to the
beginning of the period of storage, to the place where it is to be
stored and, after the end of the period of storage, to the place at
which the holder of the restricted weapon registration certificate in
respect of the restricted weapon is entitled to possess that
restricted weapon.
110(3.3) Validity of permit
(3.3) A permit described in subsection (3.1) shall remain in force
until the expiration of the period, not exceeding one year, for which
it is expressed to be issued, unless it is revoked before that
expiration, but either the holder of the registration certificate in
respect of the restricted weapon in respect of which the permit is
issued or the individual under whose control the restricted weapon is
stored may apply to the local registrar of firearms for renewal of the
permit.
110(4) Permit to convey restricted weapon
(4) A permit authorizing an applicant for a registration certificate to convey the weapon to which the application relates to a local
registrar of firearms may be issued by a local registrar of firearms
and shall remain in force until the expiration of the period for which
it is expressed to be issued, unless it is sooner revoked.
110(5) Permit to carry on business
(5) A permit to carry on a business described in paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(i) may be issued by the Commissioner,
the Attorney General or the chief provincial firearms officer of the
province where the business is or is to be carried on or by any person
whom the Commissioner or the Attorney General designates in writing
for that purpose, the fee payable on application for such a permit is
the fee prescribed by regulation, and the permit remains in force
until the expiration of the period, not exceeding one year, for which
it is expressed to be issued, unless it is revoked before that
expiration.
110(6) Permits to persons hunting as a way of life
(6) A permit to possess a firearm, other than a restricted weapon, may be issued by a firearms officer to a person under the age of eighteen
years who hunts or traps as a way of life if the firearms officer is satisfied that the person needs to hunt or trap in order to sustain
the person or the person's family and the application for the permit
includes a consent to the issuance of the permit signed by a parent of
the applicant or, if a consent by a parent cannot be obtained because
of the death of both parents or for any other reason it is not
practicable or desirable in the opinion of the firearms officer to
whom the application is made to obtain a parent's consent, a person
having custody or control of the applicant.
110(7) Permit to person between 12 and 18 years of age
(7) A permit authorizing a person who is twelve or more years of age but under the age of eighteen years to possess a firearm, other than a
restricted weapon, may be issued by a firearms officer if the firearms
officer is satisfied that the applicant therefor requires such a
permit in order to enable the applicant to possess a firearm for the
purpose of target practice, game hunting or instruction in the use of
firearms in accordance with conditions for supervision attached to the
permit signed by a parent of the applicant or, if a consent by a
parent cannot be obtained because of the death of both parents or for
any other reason it is not practicable or desirable in the opinion of
the firearms officer to whom the application is made to obtain a
parent's consent, a person having custody or control of the applicant.
110(8) Idem
(8) A permit mentioned in subsection (6) or (7) shall remain in force until
(a) the expiration of the period for which it is expressed to be
issued, or
(b) the person to whom it is issued attains the age of eighteen years,
whichever first occurs, unless it is sooner revoked.
110(9) Where no fee payable and fee for business permits
(9) Permits mentioned in subsections (1), (2.1), (3), (3.1), (4), (6)
and (7) shall be issued without payment of a fee, but no permit
mentioned in subsection (5) may be issued unless the application
therefor is accompanied by the fee prescribed by regulation.
110(10) Validity of permit
(10) No permit, other than
(a) a permit for the possession of a restricted weapon for use as
described in paragraph (2)(c),
(b) a permit to transport a restricted weapon from one place to
another place specified therein as mentioned in subsection (3),
(b.1) a permit that authorizes a person who does not reside in Canada
to possess and carry a restricted weapon for use in a target shooting
competition as mentioned in subsection (2.1),
(b.2) a permit that authorizes a holder of a registration certificate
in respect of a restricted weapon to temporarily store the restricted
weapon elsewhere than at the place at which that holder is otherwise
entitled to possess it, as mentioned in subsection (3.1), or
(c) a permit authorizing an applicant for a registration certificate to convey the weapon to which the application relates to a local registrar of firearms as mentioned in subsection (4),
is valid outside the province in which it is issued unless it is
issued by the Commissioner or a person designated in writing by him
and authorized in writing by him to issue permits valid outside the
province and is endorsed for the purposes of this subsection by the
person who issued it as being valid within the provinces indicated
therein.
110(11) Form and conditions of permit
(11) Every permit shall be in a form prescribed by the Commissioner, but any person who is authorized to issue a permit relating to any
restricted weapon, firearm or ammunition may attach to the permit any
reasonable condition relating to the use, carriage, possession,
handling or storage of weapons or ammunition that he deems desirable
in the particular circumstances and in the interests of the safety of
the applicant therefor or any other person.
R.S., 1985, c. C-46, s. 110; 1991, c. 40, ss. 23, 40.
111 Agreements with provinces
111. The Minister of Justice of Canada, with the approval of the
Governor in Council, may enter into agreements with the governments of
the provinces providing for payments by Canada to the provinces in
respect of costs actually incurred by the provinces in the
administration of sections 105, 106 and 107 and subsection 110(5).
R.S., 1985, c. C-46, s. 111; 1991, c. 40, s. 24.
Refusal to Issue and Revocation of Registration Certificates and
Permits, Revocation of Authorizations, Revocation of Firearms
Acquisition Certificates and Appeals
112(1) Revocation of certificate
112. (1) A registration certificate may be revoked by the
Commissioner.
112(2) Revocation of permit
(2) A permit may be revoked by any person who is authorized to issue such a permit.
112(2.1) Revocation of authorization
(2.1) An authorization referred to in subsection 90(3.2) may be
revoked by a local registrar of firearms.
112(3) Refusal to issue a certificate
(3) The Commissioner may refuse to issue a registration certificate where he has notice of any matter that may render it desirable in the
interests of the safety of the applicant therefor or any other person
that the applicant should not possess a restricted weapon.
112(4) Refusal to issue a permit
(4) Any person who is authorized to issue a permit under any of
subsections 110(2.1) to (7) may refuse to issue such a permit where
that person has notice of any matter that may render it desirable in
the interests of the safety of the applicant therefor or any other
person that such a permit should not be issued to the applicant.
112(5) Notice to be given
(5) Where a registration certificate or a permit is revoked or a
firearms acquisition certificate is revoked pursuant to subsection
100(7.1) or 103(3.1) or subparagraph 103(6)(b)(ii) or the issue of any
registration certificate or permit is refused under this section, the
person by whom it is revoked or by whom its issue is refused shall
give notice to the holder of the registration certificate, permit or
firearms acquisition certificate or the applicant therefor, as the
case may be, in writing, of the revocation or refusal and of the
reasons therefor and shall include in the notification a copy or an
extract of the provisions of this section.
112(6) Disposal of restricted weapons, etc.
(6) A notice under subsection (5) shall
(a) specify a reasonable period within which the person affected by the revocation or refusal may surrender to a police officer or otherwise lawfully dispose of any restricted weapon, firearm or
ammunition in respect of which the notice applies, and during which
that person is not liable to prosecution by reason only that the
person possesses the restricted weapon, firearm or ammunition during
that period of time; and
(b) state that if that person fails to dispose of the restricted
weapon, firearm or ammunition within the period specified in the
notice, the restricted weapon, firearm or ammunition is forfeited to
Her Majesty and must be surrendered to a police officer or firearms
officer to be disposed of as the Attorney General directs.
112(7) Idem
(7) Where an appeal is taken under subsection (8), the period of time referred to in subsection (6) does not commence until that appeal is
finally disposed of.
112(8) Appeal
(8) A person who feels himself aggrieved by
(a) any action or decision taken under this section, or
(b) the failure of a local registrar of firearms to indicate on the
copy of an application for a registration certificate that is sent by
him to the Commissioner pursuant to subsection 109(5) any of the
matters referred to in subsections 109(3) and (4) that is applicable
in respect of the application,
may, within thirty days from the day on which he was notified of the
action or decision or became aware of the failure, unless before or
after the expiration of that period further time is allowed by a
magistrate, appeal to a magistrate from the action, decision or
failure by filing with the magistrate a notice of appeal, setting out
with reasonable certainty the action, decision or failure complained
of and the grounds of appeal, together with such further material as
the magistrate may require.
112(9) Service of notice of appeal
(9) A copy of any notice of appeal filed with a magistrate under
subsection (8) and of any further material required to be filed
therewith shall be served within fourteen days of the filing of the
notice, unless before or after the expiration of that period further
time is allowed by a magistrate, on the person who took the action or
decision or who was responsible for the failure being appealed from or
on such other person as the magistrate may direct.
112(10) Appellant as witness
(10) For the purposes of an appeal under subsection (8), the appellant is a competent and compellable witness.
112(11) Disposition of appeal
(11) On the hearing of an appeal under subsection (8), the magistrate may
(a) dismiss the appeal; or
(b) allow the appeal and
(i) cancel the revocation of the registration certificate, permit or
firearms acquisition certificate or direct that a registration
certificate or permit be issued to the applicant therefor, as the case
may be, or
(ii) direct that a registration certificate be issued notwithstanding
the failure referred to in paragraph (8)(b).
112(12) Burden on applicant
(12) A magistrate shall dispose of an appeal under subsection (8)
heard by him by dismissing it unless the applicant establishes to the
satisfaction of the magistrate that a disposition referred to in
paragraph (11)(b) is warranted.
112(13) Appeal to appeal court
(13) Where the magistrate
(a) dismisses an appeal under subsection (11), the appellant, or
(b) allows an appeal under subsection (11),
(i) the Attorney General of Canada or counsel instructed by him for the purpose, if the person who took the action or decision or who was
responsible for the failure referred to in paragraph (8)(b) that was
appealed from to the magistrate was the Commissioner or a local registrar of firearms appointed by him, or
(ii) the Attorney General or counsel instructed by him for the
purpose, in any other case,
may appeal to the appeal court against the dismissal or against the
allowing of the appeal, as the case may be, and the provisions of Part
XXVII except sections 816 to 819 and 829 to 838 apply, with such
modifications as the circumstances require, in respect of that appeal.
112(14) Definitions
(14) In this section,
112(14) "appeal court"
"appeal court" has the meaning given that expression in subsection
100(11);
112(14) "magistrate"
"magistrate" means a magistrate having jurisdiction in the territorial
division where the person who feels himself aggrieved as described in
subsection (8) resides.
R.S., 1985, c. C-46, s. 112; 1991, c. 40, s. 26.
Offences Relating to Certificate and Permits
113(1) False statements to procure firearms acquisition certificate,
etc.
113. (1) Every one who, for the purpose of procuring a firearms
acquisition certificate, registration certificate or permit for
himself or any other person, knowingly makes a statement orally or in
writing that is false or misleading or knowingly fails to disclose any
information that is relevant to the application for the firearms
acquisition certificate, registration certificate or permit
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
113(2) Tampering with firearms acquisition certificate, registration
certificate or permit
(2) Every one who, without lawful excuse the proof of which lies on
him, alters, defaces or falsifies a firearms acquisition certificate,
registration certificate or permit
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
113(3) Failure to comply with conditions of permit
(3) Every one who, without lawful excuse, fails to comply with any
condition of a permit held by him
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
113(4) Failure to deliver up firearms acquisition certificate, etc.
(4) Every one who,
(a) being a holder of a registration certificate, permit or firearms
acquisition certificate that is revoked in accordance with this Part,
or
(b) being a person against whom an order prohibiting possession of any firearm or ammunition is made under section 100 or paragraph
103(6)(b), or being prohibited by a condition of a probation order
referred to in paragraph 737(2)(d) from having a firearm in his possession,
fails to deliver up the registration certificate or permit or, in a
case described in paragraph (b), any firearms acquisition certificate,
registration certificate or permit held by him, to a peace officer, a
local registrar of firearms or a firearms officer forthwith after the
revocation or the making of the order or probation order is guilty of
an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 113; 1991, c. 40, s. 27(E).
Registry
114(1) Registry to be maintained
114. (1) The Commissioner shall cause a registry to be maintained in which shall be kept a record of
(a) every registration certificate that is issued under section 109;
(b) every registration certificate that is revoked under subsection
112(1);
(c) every application for a registration certificate that is refused
under subsection 112(3);
(d) every permit issued under subsection 110(5) that is revoked under
subsection 112(2);
(e) every application for a permit under subsection 110(5) that is
refused under subsection 112(4);
(f) every application for a firearms acquisition certificate that is
refused;
(g) every prohibition order made under section 100 or paragraph
103(6)(b); and
(h) every probation order to which a condition referred to in
paragraph 737(2)(d) is attached.
114(2) Information to be submitted to Commissioner
(2) Each person by whom
(a) a firearms acquisition certificate or permit is issued,
(b) a permit is revoked, or
(c) an application for a permit is refused,
shall submit such information in relation thereto at such time and in
such form as is prescribed by the regulations for the purpose of
enabling the Commissioner to compile the reports referred to in
section 117.
114(3) Idem
(3) Every firearms officer by whom an application for a firearms
acquisition certificate is refused, every person by whom an
application for a permit under subsection 110(5) is refused or by whom
a permit issued under that subsection is revoked, every court, judge,
justice or magistrate that makes a prohibition order under section 100
or paragraph 103(6)(b) and every court that prescribes as a condition
of a probation order a condition referred to in paragraph 737(2)(d)
shall forthwith cause the Commissioner to be notified thereof.
1976-77, c. 53, s. 3.
General
115(1) Onus on the accused
115. (1) Where, in any proceedings under any of sections 85 to 113, any question arises as to whether a person is or was the holder of a
firearms acquisition certificate, registration certificate or permit,
the onus is on the accused to prove that that person is or was the
holder of the firearms acquisition certificate, registration certificate or permit.
115(2) Firearms acquisition certificate, etc., as evidence
(2) In any proceedings under any of sections 85 to 113, a document
purporting to be a firearms acquisition certificate, registration
certificate or permit is evidence of the statements contained therein.
1976-77, c. 53, s. 3.
116(1) Regulations
116. (1) The Governor in Council may make regulations
(a) regulating the handling, secure storage, display and advertising of restricted weapons, firearms and ammunition by persons operating
museums described in subsection 105(1) or carrying on businesses
described in paragraph 105(1)(a) or subparagraph 105(2)(b)(i) and
providing authority for police officers and police constables and
members of any other class of persons designated for the purposes of a
province by the Attorney General of that province to enter any place
at which the museum is located or where any such business is carried
on, at any time during ordinary business hours, for the purpose of
inspecting the secure storage facilities therein and the manner in
which restricted weapons, firearms and ammunition are handled and
displayed in the course of the business;
(a.1) regulating the handling and secure storage of prohibited
weapons or components or parts thereof referred to in paragraph
105(1)(b) by persons carrying on businesses described in that
paragraph, and providing authority for police officers and police
constables and members of any other class of persons designated for a
province by the Attorney General of that province to enter any place
where any such business is carried on, at any time during ordinary
business hours, for the purpose of inspecting the secure storage
facilities therein and the manner in which such prohibited weapons and
components or parts thereof are handled in the course of the business;
(b) regulating the handling, secure storage and display of weapons by operators of and persons employed in museums approved for the purposes
of this Part by the Commissioner or the Attorney General of the province in which they are situated;
(c) regulating the mail-order sale of restricted weapons, firearms and ammunition by persons carrying on businesses described in paragraph
105(1)(a) or subparagraph 105(2)(b)(i);
(d) providing for the secure handling, shipping, storage and
transportation of firearms and ammunition, and prohibited weapons and
components or parts thereof referred to in paragraph 105(1)(b), by
persons engaged in businesses that include the transportation of
goods;
(e) prescribing the fees to be paid to Her Majesty in right of Canada on application for certificates mentioned in section 106 or 107 or for
permits mentioned in subsection 110(5);
(f) prescribing classes of firearms that shall be deemed to be relics for the purposes of this Part;
(g) respecting the storage, display, handling and transportation of firearms;
(h) authorizing the destruction, at such times as are specified in the regulations, of such records and inventories that are required by the
provisions of this Part to be maintained as are designated in the regulations; and
(i) prescribing anything that is, by any provision of this Part,
required to be prescribed by the regulations.
116(2) Tabling of regulations
(2) The Minister of Justice shall lay or cause to be laid before each
House of Parliament, at least thirty sitting days before its effective
date, every regulation that is proposed to be made under subsection
(1) and every appropriate committee as determined by the rules of each House of Parliament may conduct enquiries or public hearings with
respect to the proposed regulation and report its findings to the appropriate House.
116(3) Definition of "sitting day"
(3) For the purposes of this section, "sitting day" means, in respect of either House of Parliament, a day on which that House sits.
R.S., 1985, c. C-46, s. 116; 1991, c. 28, s. 11, c. 40, ss. 28, 41.
117 Report to Parliament
117. The Commissioner shall, within five months after the end of each year and at such other times as the Solicitor General of Canada may,
in writing, request, submit to the Solicitor General a report, in such
form and setting forth such information as the Solicitor General may
direct, with regard to the administration of the provisions of this Part respecting firearms acquisition certificates, registration
certificates and permits and the information contained in the registry
maintained pursuant to section 114, and the Solicitor General shall
cause each report to be laid before Parliament on any of the first
fifteen days on which Parliament is sitting after the Solicitor
General receives it.
R.S., 1985, c. C-46, s. 117; 1991, c. 40, s. 29.
PART IV
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE
Interpretation
118 Definitions
118. In this Part,
"evidence" or "statement"
"evidence" or "statement" means an assertion of fact, opinion, belief
or knowledge, whether material or not and whether admissible or not;
118 "government"
"government" means
(a) the Government of Canada,
(b) the government of a province, or
(c) Her Majesty in right of Canada or a province;
118 "judicial proceeding"
"judicial proceeding" means a proceeding
(a) in or under the authority of a court of justice,
(b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative
assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,
(c) before a court, judge, justice, magistrate or coroner,
(d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under
oath, or
(e) before a tribunal by which a legal right or legal liability may be established,
whether or not the proceeding is invalid for want of jurisdiction or
for any other reason;
118 "office"
"office" includes
(a) an office or appointment under the government,
(b) a civil or military commission, and
(c) a position or an employment in a public department;
118 "official"
"official" means a person who
(a) holds an office, or
(b) is appointed to discharge a public duty;
118 "witness"
"witness" means a person who gives evidence orally under oath or by
affidavit in a judicial proceeding, whether or not he is competent to
be a witness, and includes a child of tender years who gives evidence
but does not give it under oath, because, in the opinion of the person
presiding, the child does not understand the nature of an oath.
R.S., 1985, c. C-46, s. 118; R.S., 1985, c. 27 (1st Supp.), s. 15.
Corruption and Disobedience
119(1) Bribery of judicial officers, etc.
119. (1) Every one who
(a) being the holder of a judicial office, or being a member of
Parliament or of the legislature of a province, corruptly
(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain,
any money, valuable consideration, office, place or employment for
himself or another person in respect of anything done or omitted or to
be done or omitted by him in his official capacity, or
(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in
respect of anything done or omitted or to be done or omitted by him in
his official capacity for himself or another person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
119(2) Consent of Attorney General
(2) No proceedings against a person who holds a judicial office shall
be instituted under this section without the consent in writing of the
Attorney General of Canada.
R.S., c. C-34, s. 108.
120 Bribery of officers
120. Every one who
(a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, corruptly
(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain,
for himself or any other person any money, valuable consideration,
office, place or employment with intent
(iv) to interfere with the administration of justice,
(v) to procure or facilitate the commission of an offence, or
(vi) to protect from detection or punishment a person who has
committed or who intends to commit an offence, or
(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment with
intent that the person should do anything mentioned in subparagraph
(a)(iv), (v) or (vi),
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S., c. C-34, s. 109.
121(1) Frauds on the government
121. (1) Every one commits an offence who
(a) directly or indirectly
(i) gives, offers or agrees to give or offer to an official or to any
member of his family, or to any one for the benefit of an official, or
(ii) being an official, demands, accepts or offers or agrees to accept
from any person for himself or another person,
a loan, reward, advantage or benefit of any kind as consideration for
cooperation, assistance, exercise of influence or an act or omission
in connection with
(iii) the transaction of business with or any matter of business
relating to the government, or
(iv) a claim against Her Majesty or any benefit that Her Majesty is
authorized or is entitled to bestow,
whether or not, in fact, the official is able to cooperate, render
assistance, exercise influence or do or omit to do what is proposed,
as the case may be;
(b) having dealings of any kind with the government, pays a commission or reward to or confers an advantage or benefit of any kind on an
employee or official of the government with which he deals, or to any
member of his family, or to any one for the benefit of the employee or
official, with respect to those dealings, unless he has the consent in
writing of the head of the branch of government with which he deals,
the proof of which lies on him;
(c) being an official or employee of the government, demands, accepts or offers or agrees to accept from a person who has dealings with the
government a commission, reward, advantage or benefit of any kind
directly or indirectly, by himself or through a member of his family
or through any one for his benefit, unless he has the consent in
writing of the head of the branch of government that employs him or of
which he is an official, the proof of which lies on him;
(d) having or pretending to have influence with the government or with a minister of the government or an official, demands, accepts or
offers or agrees to accept for himself or another person a reward,
advantage or benefit of any kind as consideration for cooperation,
assistance, exercise of influence or an act or omission in connection
with
(i) anything mentioned in subparagraph (a)(iii) or (iv), or
(ii) the appointment of any person, including himself, to an office;
(e) gives, offers or agrees to give or offer to a minister of the
government or an official a reward, advantage or benefit of any kind
as consideration for cooperation, assistance, exercise of influence or
an act or omission in connection with
(i) anything mentioned in subparagraph (a)(iii) or (iv), or
(ii) the appointment of any person, including himself, to an office;
or
(f) having made a tender to obtain a contract with the government
(i) gives, offers or agrees to give or offer to another person who has made a tender or to a member of his family, or to another person for
the benefit of that person, a reward, advantage or benefit of any kind
as consideration for the withdrawal of the tender of that person, or
(ii) demands, accepts or offers or agrees to accept from another
person who has made a tender a reward, advantage or benefit of any
kind as consideration for the withdrawal of his tender.
121(2) Contractor subscribing to election fund
(2) Every one commits an offence who, in order to obtain or retain a
contract with the government, or as a term of any such contract,
whether express or implied, directly or indirectly subscribes or
gives, or agrees to subscribe or give, to any person any valuable
consideration
(a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or
(b) with intent to influence or affect in any way the result of an
election conducted for the purpose of electing persons to serve in
Parliament or the legislature of a province.
121(3) Punishment
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 110.
122 Breach of trust by public officer
122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence
and liable to imprisonment for a term not exceeding five years,
whether or not the fraud or breach of trust would be an offence if it
were committed in relation to a private person.
R.S., c. C-34, s. 111.
123(1) Municipal corruption
123. (1) Every one who
(a) gives, offers or agrees to give or offer to a municipal official,
or
(b) being a municipal official, demands, accepts or offers or agrees
to accept from any person,
a loan, reward, advantage or benefit of any kind as consideration for
the official
(c) to abstain from voting at a meeting of the municipal council or a
committee thereof,
(d) to vote in favour of or against a measure, motion or resolution,
(e) to aid in procuring or preventing the adoption of a measure,
motion or resolution, or
(f) to perform or fail to perform an official act,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
123(2) Influencing municipal official
(2) Every one who
(a) by suppression of the truth, in the case of a person who is under a duty to disclose the truth,
(b) by threats or deceit, or
(c) by any unlawful means,
influences or attempts to influence a municipal official to do
anything mentioned in paragraphs (1)(c) to (f) is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years.
123(3) Definition of "municipal official"
(3) In this section, "municipal official" means a member of a
municipal council or a person who holds an office under a municipal
government.
R.S., 1985, c. C-46, s. 123; R.S., 1985, c. 27 (1st Supp.), s. 16.
124 Selling or purchasing office
124. Every one who
(a) purports to sell or agrees to sell an appointment to or a
resignation from an office, or a consent to any such appointment or
resignation, or receives or agrees to receive a reward or profit from
the purported sale thereof, or
(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or
promises to do so,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 113.
125 Influencing or negotiating appointments or dealing in offices
125. Every one who
(a) receives, agrees to receive, gives or procures to be given,
directly or indirectly, a reward, advantage or benefit of any kind as
consideration for cooperation, assistance or exercise of influence to
secure the appointment of any person to an office,
(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a
direct or indirect reward, advantage or benefit, or
(c) keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to
(i) the filling of vacancies in offices,
(ii) the sale or purchase of offices, or
(iii) appointments to or resignations from offices,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 114.
126(1) Disobeying a statute
126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully
omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
126(2) Attorney General of Canada may act
(2) Any proceedings in respect of a contravention of or conspiracy to
contravene an Act mentioned in subsection (1), other than this Act,
may be instituted at the instance of the Government of Canada and
conducted by or on behalf of that Government.
R.S., 1985, c. C-46, s. 126; R.S., 1985, c. 27 (1st Supp.), s. 185(F).
127(1) Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons
authorized by any Act to make or give the order, other than an order
for the payment of money, is, unless a punishment or other mode of
proceeding is expressly provided by law, guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
127(2) Attorney General of Canada may act
(2) Where the order referred to in subsection (1) was made in
proceedings instituted at the instance of the Government of Canada and
conducted by or on behalf of that Government, any proceedings in
respect of a contravention of or conspiracy to contravene that order
may be instituted and conducted in like manner.
R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F).
128 Misconduct of officers executing process
128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully
(a) misconducts himself in the execution of the process, or
(b) makes a false return to the process,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 117.
129 Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in
the execution of his duty or any person lawfully acting in aid of such
an officer,
(b) omits, without reasonable excuse, to assist a public officer or
peace officer in the execution of his duty in arresting a person or in
preserving the peace, after having reasonable notice that he is
required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or
seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7.
130 Personating peace officer
130. Every one who
(a) falsely represents himself to be a peace officer or a public
officer, or
(b) not being a peace officer or public officer, uses a badge or
article of uniform or equipment in a manner that is likely to cause
persons to believe that he is a peace officer or a public officer, as
the case may be,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 119.
Misleading Justice
131(1) Perjury
131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.
131(2) Idem
(2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.
131(3) Application
(3) Subsection (1) does not apply to a statement referred to in that subsection that is made by a person who is not specially permitted, authorized or required by law to make that statement.
R.S., 1985, c. C-46, s. 131; R.S., 1985, c. 27 (1st Supp.), s. 17.
132 Punishment
132. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, but if a person commits perjury to procure the conviction of another person for an offence punishable by death, the person who commits perjury is liable to a maximum term of imprisonment for life.
R.S., 1985, c. C-46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17.
133 Corroboration
133. No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
R.S., 1985, c. C-46, s. 133; R.S., 1985, c. 27 (1st Supp.), s. 17.
134(1) Idem
134. (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.
134(2) Application
(2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.
R.S., 1985, c. C-46, s. 134; R.S., 1985, c. 27 (1st Supp.), s. 17.
135. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]
136(1) Witness giving contradictory evidence
136. (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or magistrate, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.
136(2) Definition of "evidence"
(2) Notwithstanding the definition "evidence" in section 118, "evidence", for the purposes of this section, does not include evidence that is not material.
136(2.1) Proof of former trial
(2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official
character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.
136(3) Consent required
(3) No proceedings shall be instituted under this section without the consent of the Attorney General.
R.S., 1985, c. C-46, s. 136; R.S., 1985, c. 27 (1st Supp.), s. 18.
137 Fabricating evidence
137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding,
existing or proposed, by any means other than perjury or incitement to
perjury is guilty of an indictable offence and liable to imprisonment
for a term not exceeding fourteen years.
R.S., c. C-34, s. 125.
138 Offences relating to affidavits
138. Every one who
(a) signs a writing that purports to be an affidavit or statutory
declaration and to have been sworn or declared before him when the
writing was not so sworn or declared or when he knows that he has no
authority to administer the oath or declaration,
(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as
the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c) signs as affiant or declarant a writing that purports to be an
affidavit or statutory declaration and to have been sworn or declared
by him, as the case may be, when the writing was not so sworn or
declared,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 126.
139(1) Obstructing justice
139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,
(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect
of a person who is released or is to be released from custody,
is guilty of
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on summary conviction.
139(2) Idem
(2) Every one who wilfully attempts in any manner other than a manner
described in subsection (1) to obstruct, pervert or defeat the course
of justice is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten years.
139(3) Idem
(3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the
course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or
other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other
corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe
or other corrupt consideration to abstain from giving evidence, or to
do or to refrain from doing anything as a juror.
R.S., c. C-34, s. 127; R.S., c. 2(2nd Supp.), s. 3; 1972, c. 13, s. 8.
140(1) Public mischief
140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other
person has not died.
140(2) Punishment
(2) Every one who commits public mischief
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 140; R.S., 1985, c. 27 (1st Supp.), s. 19.
141(1) Compounding indictable offence
141. (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by
agreeing to compound or conceal an indictable offence is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
two years.
141(2) Exception for diversion agreements
(2) No offence is committed under subsection (1) where valuable
consideration is received or obtained or is to be received or obtained
under an agreement for compensation or restitution or personal
services that is
(a) entered into with the consent of the Attorney General; or
(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.
R.S., 1985, c. C-46, s. 141; R.S., 1985, c. 27 (1st Supp.), s. 19.
142 Corruptly taking reward for recovery of goods
142. Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any
person to recover anything obtained by the commission of an indictable
offence is guilty of an indictable offence and liable to imprisonment
for a term not exceeding five years.
R.S., c. C-34, s. 130.
143 Advertising reward and immunity
143. Every one who
(a) publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate
that no questions will be asked if it is returned,
(b) uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost,
without interference with or inquiry about the person who produces it,
(c) promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that
has been stolen or lost, the money so advanced or paid, or any other
sum of money for the return of that thing, or
(d) prints or publishes any advertisement referred to in paragraph
(a), (b) or (c),
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 131.
Escapes and Rescues
144 Prison breach
144. Every one who
(a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or
(b) with intent to escape forcibly breaks out of, or makes any breach
in, a cell or other place within a prison in which he is confined,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years.
R.S., c. C-34, s. 132; 1976-77, c. 53, s. 5.
145(1) Escape and being at large without excuse
145. (1) Every one who
(a) escapes from lawful custody, or
(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the
proof of which lies on him,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years or is guilty of an offence punishable on
summary conviction.
145(2) Failure to attend court
(2) Every one who,
(a) being at large on his undertaking or recognizance given to or
entered into before a justice or judge, fails, without lawful excuse,
the proof of which lies on him, to attend court in accordance with the
undertaking or recognizance, or
(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court,
justice or judge, as the case may be, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years
or is guilty of an offence punishable on summary conviction.
145(3) Failure to comply with condition of undertaking or recognizance
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to
comply with a condition of that undertaking or recognizance directed
by a justice or judge, and every person who is bound to comply with a
direction ordered under subsection 515(12) or 522(2.1), and who fails,
without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not
exceeding two years; or
(b) an offence punishable on summary conviction.
145(4) Failure to appear or to comply with summons
(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and
place stated therein, if any, for the purposes of the Identification
of Criminals Act or to attend court in accordance therewith, is guilty
of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
145(5) Failure to comply with appearance notice or promise to appear
(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge,
that has been confirmed by a justice under section 508 and who fails,
without lawful excuse, the proof of which lies on the person, to
appear at the time and place stated therein, if any, for the purposes
of the Identification of Criminals Act or to attend court in accordance therewith, or to comply with any condition of an
undertaking entered into pursuant to subsection 499(2) or 503(2.1), is
guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
145(6) Idem
(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
(7) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]
145(8) Where person charged with summary conviction offence
(8) For the purposes only of the Identification of Criminals Act, a person charged with or convicted of an offence under this section
punishable on summary conviction shall be deemed to be charged with or
to have been convicted of an indictable offence.
145(9) Proof of certain facts by certificate
(9) In any proceedings under subsection (2), (4) or (5), a certificate
of the clerk of the court or a judge of the court before which the
accused is alleged to have failed to attend or of the person in charge
of the place at which it is alleged the accused failed to attend for
the purposes of the Identification of Criminals Act stating that,
(a) in the case of proceedings under subsection (2), the accused gave or entered into an undertaking or recognizance before a justice or
judge and failed to attend court in accordance therewith or, having
attended court, failed to attend court thereafter as required by the
court, justice or judge or to surrender in accordance with an order of
the court, justice or judge, as the case may be,
(b) in the case of proceedings under subsection (4), a summons was issued to and served on the accused and the accused failed to attend
court in accordance therewith or failed to appear at the time and
place stated therein for the purposes of the Identification of
Criminals Act, as the case may be, and
(c) in the case of proceedings under subsection (5), the accused was named in an appearance notice, a promise to appear or a recognizance
entered into before an officer in charge, that was confirmed by a justice under section 508, and the accused failed to appear at the
time and place stated therein for the purposes of the Identification
of Criminals Act, failed to attend court in accordance therewith or,
having attended court, failed to attend court thereafter as required
by the court, justice or judge, as the case may be,
is evidence of the statements contained in the certificate without
proof of the signature or the official character of the person
appearing to have signed the certificate.
145(10) Attendance and right to cross-examination
(10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of
the person making the certificate for the purposes of cross-examination.
145(11) Notice of intention to produce
(11) No certificate shall be received in evidence pursuant to
subsection (9) unless the party intending to produce it has, before
the trial, given to the accused reasonable notice of his intention
together with a copy of the certificate.
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20;
1994, c. 44, s. 8.
146 Permitting or assisting escape
146. Every one who
(a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
(b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
(c) directs or procures, under colour of pretended authority, the
discharge of a prisoner who is not entitled to be discharged,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 134.
147 Rescue or permitting escape
147. Every one who
(a) rescues any person from lawful custody or assists any person in
escaping or attempting to escape from lawful custody,
(b) being a peace officer, wilfully permits a person in his lawful
custody to escape, or
(c) being an officer of or an employee in a prison, wilfully permits a
person to escape from lawful custody therein,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 135.
148 Assisting prisoner of war to escape
148. Every one who knowingly and wilfully
(a) assists a prisoner of war in Canada to escape from a place where he is detained, or
(b) assists a prisoner of war, who is permitted to be at large on
parole in Canada, to escape from the place where he is at large on
parole,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 136.
149(1) Service of term for escape
149. (1) A person convicted for an escape committed while undergoing imprisonment shall be sentenced to serve the term of imprisonment to
which he is sentenced for the escape either concurrently with the
portion of the term of imprisonment that he was serving at the time of
his escape that he had not served or, if the court, judge, justice or
magistrate by whom he is sentenced for the escape so orders, consecutively, and such imprisonment shall be served
(a) in a penitentiary if the time to be served is two years or more;
or
(b) if the time to be served is less than two years,
(i) in a prison, or
(ii) notwithstanding section 731, in a penitentiary if the court, judge, justice or provincial court judge by whom he is sentenced for the escape so orders.
149(2) Determination of term of imprisonment
(2) For the purposes of subsection (1), section 139 of the Corrections and Conditional Release Act applies in determining the term of imprisonment that a person who escapes while undergoing imprisonment was serving at the time of his escape.
149(3) Definition of "escape"
(3) For the purposes of subsection (1), "escape" means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.
R.S., 1985, c. C-46, s. 149; 1992, c. 20, s. 199.
PART V
SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Interpretation
150 Definitions
150. In this Part,
150 "guardian"
"guardian" includes any person who has in law or in fact the custody or control of another person;
150 "public place"
"public place" includes any place to which the public have access as of right or by invitation, express or implied;
150 "theatre"
"theatre" includes any place that is open to the public where
entertainments are given, whether or not any charge is made for
admission.
R.S., c. C-34, s. 138.
Sexual Offences
150.1(1) Consent no defence
150.1 (1) Where an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.
150.1(2) Exception
(2) Notwithstanding subsection (1), where an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is twelve years of age or more but under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused
(a) is twelve years of age or more but under the age of sixteen years;
(b) is less than two years older than the complainant; and
(c) is neither in a position of trust or authority towards the complainant nor is a person with whom the complainant is in a relationship of dependency.
150.1(3) Exemption for accused aged twelve or thirteen
(3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant or is a person with whom the complainant is in a relationship of
dependency.
150.1(4) Mistake of age
(4) It is not a defence to a charge under section 151 or 152,
subsection 160(3) or 173(2), or section 271, 272 or 273 that the
accused believed that the complainant was fourteen years of age or
more at the time the offence is alleged to have been committed unless
the accused took all reasonable steps to ascertain the age of the
complainant.
150.1(5) Idem
(5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the
complainant was eighteen years of age or more at the time the offence
is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
R.S., 1985, c. 19 (3rd Supp.), s. 1.
151 Sexual interference
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the
body of a person under the age of fourteen years is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
ten years or is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1.
152 Invitation to sexual touching
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or
indirectly, with a part of the body or with an object, the body of any
person, including the body of the person who so invites, counsels or
incites and the body of the person under the age of fourteen years, is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding ten years or is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1.
153(1) Sexual exploitation
153. (1) Every person who is in a position of trust or authority
towards a young person or is a person with whom the young person is in
a relationship of dependency and who
(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person, or
(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an
object, the body of any person, including the body of the person who
so invites, counsels or incites and the body of the young person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years or is guilty of an offence punishable on
summary conviction.
153(2) Definition of "young person"
(2) In this section, "young person" means a person fourteen years of
age or more but under the age of eighteen years.
R.S., 1985, c. C-46, s. 153; R.S., 1985, c. 19 (3rd Supp.), s. 1.
154. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]
155(1) Incest
155. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister,
grandparent or grandchild, as the case may be, has sexual intercourse
with that person.
155(2) Punishment
(2) Every one who commits incest is guilty of an indictable offence
and liable to imprisonment for a term not exceeding fourteen years.
155(3) Defence
(3) No accused shall be determined by a court to be guilty of an
offence under this section if the accused was under restraint, duress
or fear of the person with whom the accused had the sexual intercourse
at the time the sexual intercourse occurred.
155(4) Definition of "brother" and "sister"
(4) In this section, "brother" and "sister", respectively, include
half-brother and half-sister.
R.S., 1985, c. C-46, s. 155; R.S., 1985, c. 27 (1st Supp.), s. 21.
156. to 158. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]
159(1) Anal intercourse
159. (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term
not exceeding ten years or is guilty of an offence punishable on summary conviction.
159(2) Exception
(2) Subsection (1) does not apply to any act engaged in, in private, between
(a) husband and wife, or
(b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
159(3) Idem
(3) For the purposes of subsection (2),
(a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take
part or are present; and
(b) a person shall be deemed not to consent to an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
(ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.
R.S., 1985, c. C-46, s. 159; R.S., 1985, c. 19 (3rd Supp.), s. 3.
160(1) Bestiality
160. (1) Every person who commits bestiality is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
ten years or is guilty of an offence punishable on summary conviction.
160(2) Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding ten years or is guilty of an offence punishable on summary
conviction.
160(3) Bestiality in presence of or by child
(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of fourteen years, commits bestiality or who
incites a person under the age of fourteen years to commit bestiality
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years or is guilty of an offence punishable on
summary conviction.
R.S., 1985, c. C-46, s. 160; R.S., 1985, c. 19 (3rd Supp.), s. 3.
161(1) Order of prohibition
161. (1) Where an offender is convicted, or is discharged on the
conditions prescribed in a probation order under section 736, of an
offence under section 151, 152, 155 or 159, subsection 160(2) or (3)
or section 170, 171, 271, 272 or 273, in respect of a person who is
under the age of fourteen years, the court that sentences the offender
or directs that the accused be discharged, as the case may be, in
addition to any other punishment that may be imposed for that offence
or any other condition prescribed in the order of discharge, shall
consider making and may make, subject to the conditions or exemptions
that the court directs, an order prohibiting the offender from
(a) attending a public park or public swimming area where persons under the age of fourteen years are present or can reasonably be
expected to be present, or a daycare centre, schoolground, playground
or community centre; or
(b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a
capacity, that involves being in a position of trust or authority towards persons under the age of fourteen years.
161(2) Duration of prohibition
(2) The prohibition may be for life or for any shorter duration that
the court considers desirable and, in the case of a prohibition that
is not for life, the prohibition begins on the later of
(a) the date on which the order is made; and
(b) where the offender is sentenced to a term of imprisonment, the
date on which the offender is released from imprisonment for the
offence, including release on parole, mandatory supervision or
statutory release.
161(3) Court may vary order
(3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction
in the same province, may, on application of the offender or the
prosecutor, require the offender to appear before it at any time and,
after hearing the parties, that court may vary the conditions
prescribed in the order if, in the opinion of the court, the variation
is desirable because of changed circumstances after the conditions
were prescribed.
161(4) Offence
(4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 161; R.S., 1985, c. 19 (3rd Supp.), s. 4;
1993, c. 45, s. 1.
162. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 4]
Offences Tending to Corrupt Morals
163(1) Corrupting morals
163. (1) Every one commits an offence who
(a) makes, prints, publishes, distributes, circulates, or has in his
possession for the purpose of publication, distribution or circulation
any obscene written matter, picture, model, phonograph record or other
thing whatever; or
(b) makes, prints, publishes, distributes, sells or has in his
possession for the purpose of publication, distribution or circulation
a crime comic.
163(2) Idem
(2) Every one commits an offence who knowingly, without lawful justification or excuse,
(a) sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record
or other thing whatever;
(b) publicly exhibits a disgusting object or an indecent show;
(c) offers to sell, advertises or publishes an advertisement of, or
has for sale or disposal, any means, instructions, medicine, drug or
article intended or represented as a method of causing abortion or
miscarriage; or
(d) advertises or publishes an advertisement of any means,
instructions, medicine, drug or article intended or represented as a
method for restoring sexual virility or curing venereal diseases or
diseases of the generative organs.
163(3) Defence of public good
(3) No person shall be convicted of an offence under this section if
the public good was served by the acts that are alleged to constitute
the offence and if the acts alleged did not extend beyond what served
the public good.
163(4) Question of law and question of fact
(4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the
act alleged went beyond what served the public good, but it is a
question of fact whether the acts did or did not extend beyond what
served the public good.
163(5) Motives irrelevant
(5) For the purposes of this section, the motives of an accused are irrelevant.
(6) [Repealed, 1993, c. 46, s. 1]
163(7) Definition of "crime comic"
(7) In this section, "crime comic" means a magazine, periodical or
book that exclusively or substantially comprises matter depicting
pictorially
(a) the commission of crimes, real or fictitious; or
(b) events connected with the commission of crimes, real or
fictitious, whether occurring before or after the commission of the
crime.
163(8) Obscene publication
(8) For the purposes of this Act, any publication a dominant
characteristic of which is the undue exploitation of sex, or of sex
and any one or more of the following subjects, namely, crime, horror,
cruelty and violence, shall be deemed to be obscene.
R.S., 1985, c. C-46, s. 163; 1993, c. 46, s. 1.
163.1(1) Definition of "child pornography"
163.1 (1) In this section, "child pornography" means
(a) a photographic, film, video or other visual representation,
whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age
of eighteen years and is engaged in or is depicted as engaged in
explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a person under
the age of eighteen years; or
(b) any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years
that would be an offence under this Act.
163.1(2) Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
163.1(3) Distribution or sale of child pornography
(3) Every person who imports, distributes, sells or possesses for the purpose of distribution or sale any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
163.1(4) Possession of child pornography
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
163.1(5) Defence
(5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown
in the representation that is alleged to constitute child pornography
was or was depicted as being eighteen years of age or more unless the
accused took all reasonable steps to ascertain the age of that person
and took all reasonable steps to ensure that, where the person was
eighteen years of age or more, the representation did not depict that
person as being under the age of eighteen years.
163.1(6) Defences
(6) Where the accused is charged with an offence under subsection (2),
(3) or (4), the court shall find the accused not guilty if the
representation or written material that is alleged to constitute child
pornography has artistic merit or an educational, scientific or
medical purpose.
163.1(7) Other provisions to apply
(7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection
(2), (3) or (4).
1993, c. 46, s. 2.
164(1) Warrant of seizure
164. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that
(a) any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163, or
(b) any representation or written material, copies of which are kept in premises within the jurisdiction of the court, is child pornography
within the meaning of section 163.1,
shall issue a warrant authorizing seizure of the copies.
164(2) Summons to occupier
(2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises
requiring him to appear before the court and show cause why the matter
seized should not be forfeited to Her Majesty.
164(3) Owner and maker may appear
(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic or child pornography, may
appear and be represented in the proceedings in order to oppose the
making of an order for the forfeiture of the matter.
164(4) Order of forfeiture
(4) If the court is satisfied that the publication, representation or
written material referred to in subsection (1) is obscene, a crime
comic or child pornography, it shall make an order declaring the
matter forfeited to Her Majesty in right of the province in which the
proceedings take place, for disposal as the Attorney General may
direct.
164(5) Disposal of matter
(5) If the court is not satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime
comic or child pornography, it shall order that the matter be restored
to the person from whom it was seized forthwith after the time for
final appeal has expired.
164(6) Appeal
(6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings
(a) on any ground of appeal that involves a question of law alone,
(b) on any ground of appeal that involves a question of fact alone, or
(c) on any ground of appeal that involves a question of mixed law and fact,
as if it were an appeal against conviction or against a judgment or
verdict of acquittal, as the case may be, on a question of law alone
under Part XXI and sections 673 to 696 apply with such modifications
as the circumstances require.
164(7) Consent
(7) Where an order has been made under this section by a judge in a province with respect to one or more copies of a publication,
representation or written material, no proceedings shall be instituted
or continued in that province under section 163 or 163.1 with respect
to those or other copies of the same publication, representation or
written material without the consent of the Attorney General.
164(8) Definitions
(8) In this section,
164(8) "court"
"court" means
(a) in the Province of Quebec, the Court of Quebec, the municipal
court of Montreal and the municipal court of Quebec,
(a.1) in the Province of Ontario, the Ontario Court (General
Division),
(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and
Alberta, the Court of Queen's Bench,
(c) in the Provinces of Prince Edward Island and Newfoundland, the
Trial Division of the Supreme Court,
(c.1) [Repealed, 1992, c. 51, s. 34]
(d) in the Provinces of Nova Scotia and British Columbia, the Yukon
Territory and the Northwest Territories, the Supreme Court;
164(8) "crime comic"
"crime comic" has the same meaning as in section 163;
164(8) "judge"
"judge" means a judge of a court.
R.S., 1985, c. C-46, s. 164; R.S., 1985, c. 27 (2nd Supp.), s. 10, c.
40 (4th Supp.), s. 2; 1990, c. 16, s. 3, c. 17, s. 9; 1992, c. 1, s.
58, c. 51, s. 34; 1993, c. 46, s. 3.
165 Tied sale
165. Every one commits an offence who refuses to sell or supply to any other person copies of any publication for the reason only that the
other person refuses to purchase or acquire from him copies of any
other publication that the other person is apprehensive may be obscene
or a crime comic.
R.S., c. C-34, s. 161.
166. [Repealed, 1994, c. 44, s. 9]
167(1) Immoral theatrical performance
167. (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to
be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.
167(2) Person taking part
(2) Every one commits an offence who takes part or appears as an
actor, a performer or an assistant in any capacity, in an immoral,
indecent or obscene performance, entertainment or representation in a
theatre.
R.S., c. C-34, s. 163.
168 Mailing obscene matter
168. Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene,
indecent, immoral or scurrilous, but this section does not apply to a
person who makes use of the mails for the purpose of transmitting or
delivering anything mentioned in subsection 166(4).
R.S., c. C-34, s. 164.
169 Punishment
169. Every one who commits an offence under section 163, 165, 166, 167 or 168 is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 165.
170 Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen years who procures that person for the purpose of engaging in any
sexual activity prohibited by this Act with a person other than the
parent or guardian is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, if the person
procured for that purpose is under the age of fourteen years, or to
imprisonment for a term not exceeding two years if the person so
procured is fourteen years of age or more but under the age of
eighteen years.
R.S., 1985, c. C-46, s. 170; R.S., 1985, c. 19 (3rd Supp.), s. 5.
171 Householder permitting sexual activity
171. Every owner, occupier or manager of premises or other person who has control of premises or assists in the management or control of
premises who knowingly permits a person under the age of eighteen
years to resort to or to be in or on the premises for the purpose of
engaging in any sexual activity prohibited by this Act is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years, if the person in question is under the age of fourteen
years, or to imprisonment for a term not exceeding two years if the
person in question is fourteen years of age or more but under the age
of eighteen years.
R.S., 1985, c. C-46, s. 171; R.S., 1985, c. 19 (3rd Supp.), s. 5.
172(1) Corrupting children
172. (1) Every one who, in the home of a child, participates in
adultery or sexual immorality or indulges in habitual drunkenness or
any other form of vice, and thereby endangers the morals of the child
or renders the home an unfit place for the child to be in, is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding two years.
(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]
172(3) Definition of "child"
(3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.
172(4) Who may institute prosecutions
(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at
the instance of a recognized society for the protection of children or
by an officer of a juvenile court.
R.S., 1985, c. C-46, s. 172; R.S., 1985, c. 19 (3rd Supp.), s. 6.
Disorderly Conduct
173(1) Indecent acts
173. (1) Every one who wilfully does an indecent act
(a) in a public place in the presence of one or more persons, or
(b) in any place, with intent thereby to insult or offend any person,
is guilty of an offence punishable on summary conviction.
173(2) Exposure
(2) Every person who, in any place, for a sexual purpose, exposes his
or her genital organs to a person who is under the age of fourteen
years is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7.
174(1) Nudity
174. (1) Every one who, without lawful excuse,
(a) is nude in a public place, or
(b) is nude and exposed to public view while on private property,
whether or not the property is his own,
is guilty of an offence punishable on summary conviction.
174(2) Nude
(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.
174(3) Consent of Attorney General
(3) No proceedings shall be commenced under this section without the consent of the Attorney General.
R.S., c. C-34, s. 170.
175(1) Causing disturbance, indecent exhibition, loitering, etc.
175. (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using
insulting or obscene language,
(ii) by being drunk, or
(iii) by impeding or molesting other persons,
(b) openly exposes or exhibits an indecent exhibition in a public
place,
(c) loiters in a public place and in any way obstructs persons who are in that place, or
(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public
place or who, not being an occupant of a dwelling-house comprised in a
particular building or structure, disturbs the peace and quiet of the
occupants of a dwelling-house comprised in the building or structure
by discharging firearms or by other disorderly conduct in any part of
a building or structure to which, at the time of such conduct, the
occupants of two or more dwelling-houses comprised in the building or
structure have access as of right or by invitation, express or implied,
is guilty of an offence punishable on summary conviction.
175(2) Evidence of peace officer
(2) In the absence of other evidence, or by way of corroboration of
other evidence, a summary conviction court may infer from the evidence
of a peace officer relating to the conduct of a person or persons,
whether ascertained or not, that a disturbance described in paragraph
(1)(a) or (d) was caused or occurred.
R.S., c. C-34, s. 171; 1972, c. 13, s. 11; 1974-75-76, c. 93, s. 9.
176(1) Obstructing or violence to or arrest of officiating clergyman
176. (1) Every one who
(a) by threats or force, unlawfully obstructs or prevents or
endeavours to obstruct or prevent a clergyman or minister from
celebrating divine service or performing any other function in
connection with his calling, or
(b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the
duties or functions mentioned in paragraph (a)
(i) assaults or offers any violence to him, or
(ii) arrests him on a civil process, or under the pretence of
executing a civil process,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
176(2) Disturbing religious worship or certain meetings
(2) Every one who wilfully disturbs or interrupts an assemblage of
persons met for religious worship or for a moral, social or benevolent
purpose is guilty of an offence punishable on summary conviction.
176(3) Idem
(3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the
meeting is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 172.
177 Trespassing at night
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near
a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.
178 Offensive volatile substance
178. Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits,
throws or injects or causes to be deposited, thrown or injected in,
into or near any place,
(a) an offensive volatile substance that is likely to alarm,
inconvenience, discommode or cause discomfort to any person or to
cause damage to property, or
(b) a stink or stench bomb or device from which any substance
mentioned in paragraph (a) is or is capable of being liberated,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 174.
179(1) Vagrancy
179. (1) Every one commits vagrancy who
(a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or
(b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or
of an offence under a provision referred to in paragraph (b) of the
definition "serious personal injury offence" in section 687 of the
Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970,
as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.
179(2) Punishment
(2) Every one who commits vagrancy is guilty of an offence punishable
on summary conviction.
R.S., 1985, c. C-46, s. 179; R.S., 1985, c. 27 (1st Supp.), s. 22, c.
19 (3rd Supp.), s. 8.
Nuisances
180(1) Common nuisance
180. (1) Every one who commits a common nuisance and thereby
(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
180(2) Definition
(2) For the purposes of this section, every one commits a common
nuisance who does an unlawful act or fails to discharge a legal duty
and thereby
(a) endangers the lives, safety, health, property or comfort of the
public; or
(b) obstructs the public in the exercise or enjoyment of any right
that is common to all the subjects of Her Majesty in Canada.
R.S., c. C-34, s. 176.
181 Spreading false news
181. Every one who wilfully publishes a statement, tale or news that
he knows is false and that causes or is likely to cause injury or
mischief to a public interest is guilty of an indictable offence and
liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 177.
182 Dead body
182. Every one who
(a) neglects, without lawful excuse, to perform any duty that is
imposed on him by law or that he undertakes with reference to the
burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity
to a dead human body or human remains, whether buried or not,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 178.
PART VI
INVASION OF PRIVACY
Definitions
183 Definitions
183. In this Part,
183 "authorization"
"authorization" means an authorization to intercept a private
communication given under section 186 or subsection 184.2(3), 184.3(6)
or 188(2);
183 "electro-magnetic, acoustic, mechanical or other device"
"electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;
183 "intercept"
"intercept" includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;
183 "offence"
"offence" means an offence contrary to, any conspiracy or attempt to
commit or being an accessory after the fact in relation to an offence
contrary to, or any counselling in relation to an offence contrary to
section 47 (high treason), 51 (intimidating Parliament or a
legislature), 52 (sabotage), 57 (forgery, etc.), 61 (sedition), 76
(hijacking), 77 (endangering safety of aircraft or airport), 78
(offensive weapons, etc., on aircraft), 78.1 (offences against
maritime navigation or fixed platforms), 80 (breach of duty), 81
(using explosives), 82 (possessing explosive), 90 (possession of
prohibited weapon), 95 (importing or exporting of prohibited weapon),
119 (bribery, etc.), 120 (bribery, etc.), 121 (fraud on government),
122 (breach of trust), 123 (municipal corruption), 132 (perjury), 139
(obstructing justice), 144 (prison breach), 163.1 (child pornography),
184 (unlawful interception), 191 (possession of intercepting device),
235 (murder), 264.1 (uttering threats), 267 (assault with a weapon or
causing bodily harm), 268 (aggravated assault), 269 (unlawfully
causing bodily harm), 271 (sexual assault), 272 (sexual assault with a
weapon, threats to a third party or causing bodily harm), 273
(aggravated sexual assault), 279 (kidnapping), 279.1 (hostage taking),
318 (advocating genocide), 344 (robbery), 346 (extortion), 347
(criminal interest rate), 348 (breaking and entering), 354 (possession
of property obtained by crime), 356 (theft from mail), 367 (forgery),
368 (uttering forged document), 372 (false messages), 380 (fraud), 381
(using mails to defraud), 382 (fraudulent manipulation of stock
exchange transactions), 424 (threat to commit offences against
internationally protected person), 426 (secret commissions), 433
(arson), 434 (arson), 434.1 (arson), 435 (arson for fraudulent
purpose), 449 (making counterfeit money), 450 (possession, etc., of
counterfeit money), 452 (uttering, etc., counterfeit money) or 462.31
(laundering proceeds of crime), subsection 145(1) (escape, etc.),
201(1) (keeping gaming or betting house), 212(1) (procuring) or
462.33(11) (acting in contravention of restraint order), or paragraph
163(1)(a) (obscene materials), 202(1)(e) (pool-selling, etc.) or
334(a) (theft in excess of $1,000, etc.), section 4 (trafficking), 5
(importing or exporting), 19.1 (possession of property obtained by
certain offences) or 19.2 (laundering proceeds of certain offences) of
the Narcotic Control Act, section 39 (trafficking), 44.2 (possession
of property obtained by trafficking in controlled drugs), 44.3
(laundering proceeds of trafficking in controlled drugs), 48
(trafficking), 50.2 (possession of property obtained by trafficking in
restricted drugs) or 50.3 (laundering proceeds of trafficking in
restricted drugs) of the Food and Drugs Act, section 153 (false
statements), 159 (smuggling), 163.1 (possession of property obtained
by smuggling, etc.) or 163.2 (laundering proceeds of smuggling, etc.)
of the Customs Act, sections 94.1 and 94.2 (organizing entry into
Canada), 94.4 (disembarking persons at sea) and 94.5 (counselling
false statements) of the Immigration Act, section 126.1 (possession of
property obtained by excise offences), 126.2 (laundering proceeds of
excise offences), 158 (unlawful distillation of spirits) or 163
(unlawful selling of spirits) or subsection 233(1) (unlawful packaging
or stamping) or 240(1) (unlawful possession or sale of manufactured
tobacco or cigars) of the Excise Act, section 198 (fraudulent
bankruptcy) of the Bankruptcy and Insolvency Act, section 3 (spying)
of the Official Secrets Act, section 13 (export or attempt to export),
14 (import or attempt to import), 15 (diversion, etc.), 16 (no
transfer of permits), 17 (false information) or 18 (aiding and
abetting) of the Export and Import Permits Act, or any other offence
created by this Act for which an offender may be sentenced to imprisonment for five years or more or that is an offence mentioned in section 20 of the Small Loans Act, chapter S-11 of the Revised Statutes of Canada, 1970, that there are reasonable grounds to believe is part of a pattern of criminal activity planned and organized by a
number of persons acting in concert;
183 "private communication"
"private communication" means any oral communication, or any
telecommunication, that is made by an originator who is in Canada or
is intended by the originator to be received by a person who is in
Canada and that is made under circumstances in which it is reasonable
for the originator to expect that it will not be intercepted by any
person other than the person intended by the originator to receive it,
and includes any radio-based telephone communication that is treated
electronically or otherwise for the purpose of preventing intelligible
reception by any person other than the person intended by the
originator to receive it;
183 "public switched telephone network"
"public switched telephone network" means a telecommunication facility
the primary purpose of which is to provide a land line-based telephone
service to the public for compensation;
183 "radio-based telephone communication"
"radio-based telephone communication" means any radiocommunication
within the meaning of the Radiocommunication Act that is made over
apparatus that is used primarily for connection to a public switched
telephone network;
183 "sell"
"sell" includes offer for sale, expose for sale, have in possession
for sale or distribute or advertise for sale;
183 "solicitor"
"solicitor" means, in the Province of Quebec, an advocate or a notary
and, in any other province, a barrister or solicitor.
R.S., 1985, c. C-46, s. 183; R.S., 1985, c. 27 (1st Supp.), ss. 7, 23,
c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.),
s. 17, c. 42 (4th Supp.), s. 1; 1991, c. 28, s. 12; 1992, c. 27, s.
90; 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4.
183.1 Consent to interception
183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more
than one person, a consent to the interception thereof by any one of
those persons is sufficient consent for the purposes of any provision
of this Part.
1993, c. 40, s. 2.
Interception of Communications
184(1) Interception
184. (1) Every one who, by means of any electro-magnetic, acoustic,
mechanical or other device, wilfully intercepts a private
communication is guilty of an indictable offence and liable to
imprisonment for a term not exceeding five years.
184(2) Saving provision
(2) Subsection (1) does not apply to
(a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended
by the originator thereof to receive it;
(b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in
good faith aids in any way another person who the aiding person
believes on reasonable grounds is acting with an authorization or
pursuant to section 184.4;
(c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,
(i) if the interception is necessary for the purpose of providing the service,
(ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or
(iii) if the interception is necessary to protect the person's rights
or property directly related to providing the service; or
(d) an officer or servant of Her Majesty in right of Canada who
engages in radio frequency spectrum management, in respect of a
private communication intercepted by that officer or servant for the
purpose of identifying, isolating or preventing an unauthorized or
interfering use of a frequency or of a transmission.
(3) [Repealed, 1993, c. 40, s. 3]
R.S., 1985, c. C-46, s. 184; 1993, c. 40, s. 3.
184.1(1) Interception to prevent bodily harm
184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if
(a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;
(b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and
(c) the purpose of the interception is to prevent the bodily harm.
184.1(2) Admissibility of intercepted communication
(2) The contents of a private communication that is obtained from an
interception pursuant to subsection (1) are inadmissible as evidence
except for the purposes of proceedings in which actual, attempted or
threatened bodily harm is alleged, including proceedings in respect of
an application for an authorization under this Part or in respect of a
search warrant or a warrant for the arrest of any person.
184.1(3) Destruction of recordings and transcripts
(3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the
circumstances, destroy any recording of the private communication that
is obtained from an interception pursuant to subsection (1), any full
or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private
communication suggests that bodily harm, attempted bodily harm or
threatened bodily harm has occurred or is likely to occur.
184.1(4) Definition of "agent of the state"
(4) For the purposes of this section, "agent of the state" means
(a) a peace officer; and
(b) a person acting under the authority of, or in cooperation with, a peace officer.
1993, c. 40, s. 4.
184.2(1) Interception with consent
184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where
either the originator of the private communication or the person
intended by the originator to receive it has consented to the
interception and an authorization has been obtained pursuant to
subsection (3).
184.2(2) Application for authorization
(2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or
designated to administer or enforce any federal or provincial law and
whose duties include the enforcement of this or any other Act of
Parliament, ex parte and in writing to a provincial court judge, a
judge of a superior court of criminal jurisdiction or a judge as
defined in section 552, and shall be accompanied by an affidavit,
which may be sworn on the information and belief of that peace officer
or public officer or of any other peace officer or public officer,
deposing to the following matters:
(a) that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b) the particulars of the offence;
(c) the name of the person who has consented to the interception;
(d) the period for which the authorization is requested; and
(e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.
184.2(3) Judge to be satisfied
(3) An authorization may be given under this section if the judge to whom the application is made is satisfied that
(a) there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and
(c) there are reasonable grounds to believe that information
concerning the offence referred to in paragraph (a) will be obtained
through the interception sought.
184.2(4) Content and limitation of authorization
(4) An authorization given under this section shall
(a) state the offence in respect of which private communications may
be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if known, whose private
communications are to be intercepted, generally describe the place at
which private communications may be intercepted, if a general
description of that place can be given, and generally describe the
manner of interception that may be used;
(d) contain the terms and conditions that the judge considers
advisable in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out
therein.
1993, c. 40, s. 4.
184.3(1) Application by means of telecommunication
184.3 (1) Notwithstanding section 184.2, an application for an
authorization under subsection 184.2(2) may be made ex parte to a
provincial court judge, a judge of a superior court of criminal
jurisdiction or a judge as defined in section 552, by telephone or
other means of telecommunication, if it would be impracticable in the
circumstances for the applicant to appear personally before a judge.
184.3(2) Application
(2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the
matters referred to in paragraphs 184.2(2)(a) to (e) and that states
the circumstances that make it impracticable for the applicant to appear personally before a judge.
184.3(3) Recording
(3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of
the application, shall cause the writing or recording to be placed in
the packet referred to in subsection 187(1) and sealed in that packet,
and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.
184.3(4) Oath
(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.
184.3(5) Alternative to oath
(5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of
subsection (2), make a statement in writing stating that all matters
contained in the application are true to the knowledge or belief of
the applicant and such a statement shall be deemed to be a statement
made under oath.
184.3(6) Authorization
(6) Where the judge to whom an application is made under this section
is satisfied that the circumstances referred to in paragraphs
184.2(3)(a) to (c) exist and that the circumstances referred to in
subsection (2) make it impracticable for the applicant to appear
personally before a judge, the judge may, on such terms and
conditions, if any, as are considered advisable, give an authorization
by telephone or other means of telecommunication for a period of up to
thirty-six hours.
184.3(7) Giving authorization
(7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that
produces a writing,
(a) the judge shall complete and sign the authorization in writing,
noting on its face the time, date and place at which it is given;
(b) the applicant shall, on the direction of the judge, complete a
facsimile of the authorization in writing, noting on its face the name
of the judge who gave it and the time, date and place at which it was
given; and
(c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet
referred to in subsection 187(1) and sealed in that packet.
184.3(8) Giving authorization where telecommunication produces writing
(8) Where a judge gives an authorization by a means of
telecommunication that produces a writing, the judge shall
(a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
(b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed
to be a facsimile referred to in paragraph (7)(b); and
(c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.
1993, c. 40, s. 4.
184.4 Interception in exceptional circumstances
184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where
(a) the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with
reasonable diligence, be obtained under any other provision of this
Part;
(b) the peace officer believes on reasonable grounds that such an
interception is immediately necessary to prevent an unlawful act that
would cause serious harm to any person or to property; and
(c) either the originator of the private communication or the person intended by the originator to receive it is the person who would
perform the act that is likely to cause the harm or is the victim, or
intended victim, of the harm.
1993, c. 40, s. 4.
184.5(1) Interception of radio-based telephone communications
184.5 (1) Every person who intercepts, by means of any
electro-magnetic, acoustic, mechanical or other device, maliciously or
for gain, a radio-based telephone communication, if the originator of
the communication or the person intended by the originator of the
communication to receive it is in Canada, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five
years.
184.5(2) Other provisions to apply
(2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194
to 196 apply, with such modifications as the circumstances require, to
interceptions of radio-based telephone communications referred to in
subsection (1).
1993, c. 40, s. 4.
184.6 One application for authorization sufficient
184.6 For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and
radio-based telephone communications at the same time.
1993, c. 40, s. 4.
185(1) Application for authorization
185. (1) An application for an authorization to be given under section
186 shall be made ex parte and in writing to a judge of a superior
court of criminal jurisdiction or a judge as defined in section 552
and shall be signed by the Attorney General of the province in which
the application is made or the Solicitor General of Canada or an agent
specially designated in writing for the purposes of this section by
(a) the Solicitor General of Canada personally, if the offence under investigation is one in respect of which proceedings, if any, may be
instituted at the instance of the Government of Canada and conducted
by or on behalf of the Attorney General of Canada, or
(b) the Attorney General of a province personally, in any other case,
and shall be accompanied by an affidavit, which may be sworn on the
information and belief of a peace officer or public officer deposing
to the following matters:
(c) the facts relied on to justify the belief that an authorization
should be given together with particulars of the offence,
(d) the type of private communication proposed to be intercepted,
(e) the names, addresses and occupations, if known, of all persons, the interception of whose private communications there are reasonable
grounds to believe may assist the investigation of the offence, a
general description of the nature and location of the place, if known,
at which private communications are proposed to be intercepted and a
general description of the manner of interception proposed to be used,
(f) the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named
in the affidavit pursuant to paragraph (e) and on which the
application was withdrawn or no authorization was given, the date on
which each application was made and the name of the judge to whom each
application was made,
(g) the period for which the authorization is requested, and
(h) whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the
urgency of the matter is such that it would be impractical to carry
out the investigation of the offence using only other investigative
procedures.
185(2) Extension of period for notification
(2) An application for an authorization may be accompanied by an application, personally signed by the Attorney General of the province
in which the application for the authorization is made or the
Solicitor General of Canada if the application for the authorization
is made by him or on his behalf, to substitute for the period
mentioned in subsection 196(1) such longer period not exceeding three
years as is set out in the application.
185(3) Where extension to be granted
(3) Where an application for an authorization is accompanied by an application referred to in subsection (2), the judge to whom the
applications are made shall first consider the application referred to
in subsection (2) and where, on the basis of the affidavit in support
of the application for the authorization and any other affidavit
evidence submitted in support of the application referred to in
subsection (2), the judge is of the opinion that the interests of
justice warrant the granting of the application, he shall fix a
period, not exceeding three years, in substitution for the period
mentioned in subsection 196(1).
185(4) Where extension not granted
(4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a
period in substitution for the period mentioned in subsection 196(1)
or where the judge fixes a period in substitution therefor that is
less than the period set out in the application referred to in
subsection (2), the person appearing before the judge on the
application for the authorization may withdraw the application for the
authorization and thereupon the judge shall not proceed to consider
the application for the authorization or to give the authorization and
shall return to the person appearing before him on the application for
the authorization both applications and all other material pertaining
thereto.
R.S., 1985, c. C-46, s. 185; 1993, c. 40, s. 5.
186(1) Judge to be satisfied
186. (1) An authorization under this section may be given if the judge to whom the application is made is satisfied
(a) that it would be in the best interests of the administration of
justice to do so; and
(b) that other investigative procedures have been tried and have
failed, other investigative procedures are unlikely to succeed or the
urgency of the matter is such that it would be impractical to carry
out the investigation of the offence using only other investigative
procedures.
186(2) Where authorization not to be given
(2) No authorization may be given to intercept a private communication at the office or residence of a solicitor, or at any other place
ordinarily used by a solicitor and by other solicitors for the purpose
of consultation with clients, unless the judge to whom the application
is made is satisfied that there are reasonable grounds to believe that
the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the
solicitor's household has been or is about to become a party to an
offence.
186(3) Terms and conditions
(3) Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the
judge by whom the authorization is given shall include therein such
terms and conditions as he considers advisable to protect privileged
communications between solicitors and clients.
186(4) Content and limitation of authorization
(4) An authorization shall
(a) state the offence in respect of which private communications may
be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if known, whose private
communications are to be intercepted, generally describe the place at
which private communications may be intercepted, if a general
description of that place can be given, and generally describe the
manner of interception that may be used;
(d) contain such terms and conditions as the judge considers advisable
in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out
therein.
186(5) Persons designated
(5) The Solicitor General of Canada or the Attorney General, as the case may be, may designate a person or persons who may intercept
private communications under authorizations.
186(6) Renewal of authorization
(6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on
receipt by him of an ex parte application in writing signed by the
Attorney General of the province in which the application is made or
the Solicitor General of Canada or an agent specially designated in
writing for the purposes of section 185 by the Solicitor General of
Canada or the Attorney General, as the case may be, accompanied by an
affidavit of a peace officer or public officer deposing to the following matters:
(a) the reason and period for which the renewal is required,
(b) full particulars, together with times and dates, when
interceptions, if any, were made or attempted under the authorization,
and any information that has been obtained by any interception, and
(c) the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this
subsection in relation to the same authorization and on which the
application was withdrawn or no renewal was given, the date on which
each application was made and the name of the judge to whom each
application was made,
and supported by such other information as the judge may require.
186(7) Renewal
(7) A renewal of an authorization may be given if the judge to whom the application is made is satisfied that any of the circumstances
described in subsection (1) still obtain, but no renewal shall be for
a period exceeding sixty days.
R.S., 1985, c. C-46, s. 186; 1993, c. 40, s. 6.
187(1) Manner in which application to be kept secret
187. (1) All documents relating to an application made pursuant to any provision of this Part are confidential and, subject to subsection
(1.1), shall be placed in a packet and sealed by the judge to whom the
application is made immediately on determination of the application,
and that packet shall be kept in the custody of the court in a place
to which the public has no access or in such other place as the judge
may authorize and shall not be dealt with except in accordance with
subsections (1.2) to (1.5).
187(1.1) Exception
(1.1) An authorization given under this Part need not be placed in the
packet except where, pursuant to subsection 184.3(7) or (8), the
original authorization is in the hands of the judge, in which case
that judge must place it in the packet and the facsimile remains with
the applicant.
187(1.2) Opening for further applications
(1.2) The sealed packet may be opened and its contents removed for the
purpose of dealing with an application for a further authorization or
with an application for renewal of an authorization.
187(1.3) Opening on order of judge
(1.3) A provincial court judge, a judge of a superior court of
criminal jurisdiction or a judge as defined in section 552 may order
that the sealed packet be opened and its contents removed for the
purpose of copying and examining the documents contained in the
packet.
187(1.4) Opening on order of trial judge
(1.4) A judge or provincial court judge before whom a trial is to be
held and who has jurisdiction in the province in which an
authorization was given may order that the sealed packet be opened and
its contents removed for the purpose of copying and examining the
documents contained in the packet if
(a) any matter relevant to the authorization or any evidence obtained pursuant to the authorization is in issue in the trial; and
(b) the accused applies for such an order for the purpose of
consulting the documents to prepare for trial.
187(1.5) Order for destruction of documents
(1.5) Where a sealed packet is opened, its contents shall not be
destroyed except pursuant to an order of a judge of the same court as
the judge who gave the authorization.
187(2) Order of judge
(2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to
section 185 or subsection 186(6) or 196(2) may only be made after the
Attorney General or the Solicitor General by whom or on whose
authority the application for the authorization to which the order
relates was made has been given an opportunity to be heard.
187(3) Idem
(3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to
subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.
187(4) Editing of copies
(4) Where a prosecution has been commenced and an accused applies for an order for the copying and examination of documents pursuant to
subsection (1.3) or (1.4), the judge shall not, notwithstanding those
subsections, provide any copy of any document to the accused until the
prosecutor has deleted any part of the copy of the document that the
prosecutor believes would be prejudicial to the public interest, including any part that the prosecutor believes could
(a) compromise the identity of any confidential informant;
(b) compromise the nature and extent of ongoing investigations;
(c) endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or
(d) prejudice the interests of innocent persons.
187(5) Accused to be provided with copies
(5) After the prosecutor has deleted the parts of the copy of the
document to be given to the accused under subsection (4), the accused
shall be provided with an edited copy of the document.
187(6) Original documents to be returned
(6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited
copy of the document and the original document shall be returned to
the packet and the packet resealed.
187(7) Deleted parts
(7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the
trial is to be held order that any part of the document deleted by the
prosecutor be made available to the accused, and the judge shall order
that a copy of any part that, in the opinion of the judge, is required
in order for the accused to make full answer and defence and for which
the provision of a judicial summary would not be sufficient, be made
available to the accused.
R.S., 1985, c. C-46, s. 187; R.S., 1985, c. 27 (1st Supp.), s. 24;
1993, c. 40, s. 7.
188(1) Applications to specially appointed judges
188. (1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a
superior court of criminal jurisdiction, or a judge as defined in
section 552, designated from time to time by the Chief Justice, by a
peace officer specially designated in writing, by name or otherwise,
for the purposes of this section by
(a) the Solicitor General of Canada, if the offence is one in respect of which proceedings, if any, may be instituted by the Government of
Canada and conducted by or on behalf of the Attorney General of
Canada, or
(b) the Attorney General of a province, in respect of any other
offence in the province,
if the urgency of the situation requires interception of private
communications to commence before an authorization could, with
reasonable diligence, be obtained under section 186.
188(2) Authorizations in emergency
(2) Where the judge to whom an application is made pursuant to
subsection (1) is satisfied that the urgency of the situation requires
that interception of private communications commence before an
authorization could, with reasonable diligence, be obtained under
section 186, he may, on such terms and conditions, if any, as he
considers advisable, give an authorization in writing for a period of
up to thirty-six hours.
(3) [Repealed, 1993, c. 40, s. 8]
188(4) Definition of "Chief Justice"
(4) In this section, "Chief Justice" means
(a) in the Province of Ontario, the Chief Justice of the Ontario
Court;
(b) in the Province of Quebec, the Chief Justice of the Superior
Court;
(c) in the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court;
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;
(e) in the Provinces of Prince Edward Island and Newfoundland, the
Chief Justice of the Supreme Court, Trial Division; and
(f) in the Yukon Territory and the Northwest Territories, the judge of the Supreme Court with the earliest date of appointment to the court
in question.
188(5) Inadmissibility of evidence
(5) The trial judge may deem inadmissible the evidence obtained by means of an interception of a private communication pursuant to a
subsequent authorization given under this section, where he finds
that the application for the subsequent authorization was based on the
same facts, and involved the interception of the private
communications of the same person or persons, or related to the same
offence, on which the application for the original authorization was
based.
R.S., 1985, c. C-46, s. 188; R.S., 1985, c. 27 (1st Supp.), ss. 25,
185(F), c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 10; 1992, c. 1, s.
58, c. 51, s. 35; 1993, c. 40, s. 8.
188.1(1) Execution of authorizations
188.1 (1) Subject to subsection (2), the interception of a private
communication authorized pursuant to section 184.2, 184.3, 186 or 188
may be carried out anywhere in Canada.
188.1(2) Execution in another province
(2) Where an authorization is given under section 184.2, 184.3, 186 or
188 in one province but it may reasonably be expected that it is to be
executed in another province and the execution of the authorization
would require entry into or upon the property of any person in the
other province or would require that an order under section 487.02 be
made with respect to any person in that other province, a judge in the
other province may, on application, confirm the authorization and when
the authorization is so confirmed, it shall have full force and effect
in that other province as though it had originally been given in that
other province.
1993, c. 40, s. 9.
188.2 No civil or criminal liability
188.2 No person who acts in accordance with an authorization or under section 184.1 or 184.4 or who aids, in good faith, a person who he or
she believes on reasonable grounds is acting in accordance with an
authorization or under one of those sections incurs any criminal or
civil liability for anything reasonably done further to the authorization or to that section.
1993, c. 40, s. 9.
189. (1) to (4) [Repealed, 1993, c. 40, s. 10]
188.2(5) Notice of intention to produce evidence
(5) The contents of a private communication that is obtained from an
interception of the private communication pursuant to any provision
of, or pursuant to an authorization given under, this Part shall not
be received in evidence unless the party intending to adduce it has
given to the accused reasonable notice of the intention together with
(a) a transcript of the private communication, where it will be
adduced in the form of a recording, or a statement setting out full
particulars of the private communication, where evidence of the
private communication will be given viva voce; and
(b) a statement respecting the time, place and date of the private
communication and the parties thereto, if known.
188.2(6) Privileged evidence
(6) Any information obtained by an interception that, but for the
interception, would have been privileged remains privileged and
inadmissible as evidence without the consent of the person enjoying
the privilege.
R.S., 1985, c. C-46, s. 189; 1993, c. 40, s. 10.
190 Further particulars
190. Where an accused has been given notice pursuant to subsection
189(5), any judge of the court in which the trial of the accused is
being or is to be held may at any time order that further particulars
be given of the private communication that is intended to be adduced
in evidence.
1973-74, c. 50, s. 2.
191(1) Possession, etc.
191. (1) Every one who possesses, sells or purchases any
electro-magnetic, acoustic, mechanical or other device or any
component thereof knowing that the design thereof renders it primarily
useful for surreptitious interception of private communications is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years.
191(2) Exemptions
(2) Subsection (1) does not apply to
(a) a police officer or police constable in possession of a device or component described in subsection (1) in the course of his employment;
(b) a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;
(b.1) a person in possession of such a device or component under the
direction of a police officer or police constable in order to assist
that officer or constable in the course of his duties as a police
officer or police constable;
(c) an officer or a servant of Her Majesty in right of Canada or a
member of the Canadian Forces in possession of such a device or
component in the course of his duties as such an officer, servant or
member, as the case may be; and
(d) any other person in possession of such a device or component under the authority of a licence issued by the Solicitor General of Canada.
191(3) Terms and conditions of licence
(3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase
of a device or component described in subsection (1) as the Solicitor
General of Canada may prescribe.
R.S., 1985, c. C-46, s. 191; R.S., 1985, c. 27 (1st Supp.), s. 26.
192(1) Forfeiture
192. (1) Where a person is convicted of an offence under section 184 or 191, any electro-magnetic, acoustic, mechanical or other device by
means of which the offence was committed or the possession of which
constituted the offence, on the conviction, in addition to any
punishment that is imposed, may be ordered forfeited to Her Majesty
whereupon it may be disposed of as the Attorney General directs.
192(2) Limitation
(2) No order for forfeiture shall be made under subsection (1) in
respect of telephone, telegraph or other communication facilities or
equipment owned by a person engaged in providing telephone, telegraph
or other communication service to the public or forming part of the
telephone, telegraph or other communication service or system of that
person by means of which an offence under section 184 has been
committed if that person was not a party to the offence.
1973-74, c. 50, s. 2.
193(1) Disclosure of information
193. (1) Where a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without
the consent, express or implied, of the originator thereof or of the
person intended by the originator thereof to receive it, every one
who, without the express consent of the originator thereof or of the
person intended by the originator thereof to receive it, wilfully
(a) uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or
(b) discloses the existence thereof,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
193(2) Exemptions
(2) Subsection (1) does not apply to a person who discloses a private
communication or any part thereof or the substance, meaning or purport
thereof or of any part thereof or who discloses the existence of a
private communication
(a) in the course of or for the purpose of giving evidence in any
civil or criminal proceedings or in any other proceedings in which the
person may be required to give evidence on oath;
(b) in the course of or for the purpose of any criminal investigation
if the private communication was lawfully intercepted;
(c) in giving notice under section 189 or furnishing further
particulars pursuant to an order under section 190;
(d) in the course of the operation of
(i) a telephone, telegraph or other communication service to the
public, or
(ii) a department or an agency of the Government of Canada,
if the disclosure is necessarily incidental to an interception
described in paragraph 184(2)(c) or (d);
(e) where disclosure is made to a peace officer or prosecutor in
Canada or to a person or authority with responsibility in a foreign
state for the investigation or prosecution of offences and is intended
to be in the interests of the administration of justice in Canada or
elsewhere; or
(f) where the disclosure is made to the Director of the Canadian
Security Intelligence Service or to an employee of the Service for the
purpose of enabling the Service to perform its duties and functions
under section 12 of the Canadian Security Intelligence Service Act.
193(3) Publishing of prior lawful disclosure
(3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport
thereof or of any part thereof or who discloses the existence of a
private communication where that which is disclosed by him was, prior
to the disclosure, lawfully disclosed in the course of or for the
purpose of giving evidence in proceedings referred to in paragraph
(2)(a).
R.S., 1985, c. C-46, s. 193; R.S., 1985, c. 30 (4th Supp.), s. 45;
1993, c. 40, s. 11.
193.1(1) Disclosure of information received from interception of
radio-based telephone communications
193.1 (1) Every person who wilfully uses or discloses a radio-based telephone communication or who wilfully discloses the existence of
such a communication is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two years, if
(a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the
communication was made;
(b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or
implied, of the originator of the communication or of the person intended by the originator to receive the communication; and
(c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the
originator to receive the communication.
193.1(2) Other provisions to apply
(2) Subsections 193(2) and (3) apply, with such modifications as the
circumstances require, to disclosures of radio-based telephone
communications.
1993, c. 40, s. 12.
194(1) Damages
194. (1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the
application of a person aggrieved, at the time sentence is imposed,
order the accused to pay to that person an amount not exceeding five
thousand dollars as punitive damages.
194(2) No damages where civil proceedings commenced
(2) No amount shall be ordered to be paid under subsection (1) to a
person who has commenced an action under Part II of the Crown
Liability Act.
194(3) Judgment may be registered
(3) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a
judgment, in the superior court of the province in which the trial was
held, the amount ordered to be paid, and that judgment is enforceable
against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.
194(4) Moneys in possession of accused may be taken
(4) All or any part of an amount that is ordered to be paid under
subsection (1) may be taken out of moneys found in the possession of
the accused at the time of his arrest, except where there is a dispute
respecting ownership of or right of possession to those moneys by
claimants other than the accused.
R.S., 1985, c. C-46, s. 194; 1993, c. 40, s. 13.
195(1) Annual report
195. (1) The Solicitor General of Canada shall, as soon as possible after the end of each year, prepare a report relating to
(a) authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of
section 185 made application, and
(b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the
purposes of that section made application,
and interceptions made thereunder in the immediately preceding year.
195(2) Information respecting authorizations
(2) The report referred to in subsection (1) shall, in relation to
authorizations and interceptions made thereunder, set out
(a) the number of applications made for authorizations;
(b) the number of applications made for renewal of authorizations;
(c) the number of applications referred to in paragraphs (a) and (b) that were granted, the number of those applications that were refused
and the number of applications referred to in paragraph (a) that were
granted subject to terms and conditions;
(d) the number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of
Canada in respect of
(i) an offence specified in the authorization,
(ii) an offence other than an offence specified in the authorization but in respect of which an authorization may be given, and
(iii) an offence in respect of which an authorization may not be
given;
(e) the number of persons not identified in an authorization against whom proceedings were commenced at the instance of the Attorney
General of Canada in respect of
(i) an offence specified in such an authorization,
(ii) an offence other than an offence specified in such an
authorization but in respect of which an authorization may be given,
and
(iii) an offence other than an offence specified in such an
authorization and for which no such authorization may be given,
and whose commission or alleged commission of the offence became known
to a peace officer as a result of an interception of a private
communication under an authorization;
(f) the average period for which authorizations were given and for which renewals thereof were granted;
(g) the number of authorizations that, by virtue of one or more
renewals thereof, were valid for more than sixty days, for more than
one hundred and twenty days, for more than one hundred and eighty days
and for more than two hundred and forty days;
(h) the number of notifications given pursuant to section 196;
(i) the offences in respect of which authorizations were given,
specifying the number of authorizations given in respect of each of
those offences;
(j) a description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of
places was specified;
(k) a general description of the methods of interception involved in each interception under an authorization;
(l) the number of persons arrested whose identity became known to a peace officer as a result of an interception under an authorization;
(m) the number of criminal proceedings commenced at the instance of the Attorney General of Canada in which private communications
obtained by interception under an authorization were adduced in
evidence and the number of those proceedings that resulted in a
conviction; and
(n) the number of criminal investigations in which information
obtained as a result of the interception of a private communication
under an authorization was used although the private communication was
not adduced in evidence in criminal proceedings commenced at the
instance of the Attorney General of Canada as a result of the
investigations.
195(3) Other information
(3) The report referred to in subsection (1) shall, in addition to the information referred to in subsection (2), set out
(a) the number of prosecutions commenced against officers or servants of Her Majesty in right of Canada or members of the Canadian Forces
for offences under section 184 or 193; and
(b) a general assessment of the importance of interception of private communications for the investigation, detection, prevention and prosecution of offences in Canada.
195(4) Report to be laid before Parliament
(4) The Solicitor General of Canada shall cause a copy of each report prepared by him under subsection (1) to be laid before Parliament
forthwith on completion thereof, or if Parliament is not then sitting,
on any of the first fifteen days next thereafter that Parliament is sitting.
195(5) Report by Attorneys General
(5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make
available to the public a report relating to
(a) authorizations for which he and agents specially designated in writing by him for the purposes of section 185 made application, and
(b) authorizations given under section 188 for which peace officers specially designated by him for the purposes of that section made
application,
and interceptions made thereunder in the immediately preceding year
setting out, with such modifications as the circumstances require, the
information described in subsections (2) and (3).
R.S., 1985, c. C-46, s. 195; R.S., 1985, c. 27 (1st Supp.), s. 27.
196(1) Written notification to be given
196. (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Solicitor General of Canada if
the application was made by or on behalf of the Solicitor General of
Canada shall, within ninety days after the period for which the
authorization was given or renewed or within such other period as is
fixed pursuant to subsection 185(3) or subsection (3) of this section,
notify in writing the person who was the object of the interception
pursuant to the authorization and shall, in a manner prescribed by
regulations made by the Governor in Council, certify to the court that
gave the authorization that the person has been so notified.
196(2) Extension of period for notification
(2) The running of the ninety days referred to in subsection (1), or
of any other period fixed pursuant to subsection 185(3) or subsection
(3) of this section, is suspended until any application made by the
Attorney General or the Solicitor General to a judge of a superior
court of criminal jurisdiction or a judge as defined in section 552
for an extension or a subsequent extension of the period for which the
authorization was given or renewed has been heard and disposed of.
196(3) Where extension to be granted
(3) Where the judge to whom an application referred to in subsection
(2) is made, on the basis of an affidavit submitted in support of the
application, is satisfied that
(a) the investigation of the offence to which the authorization
relates, or
(b) a subsequent investigation of an offence listed in section 183
commenced as a result of information obtained from the investigation
referred to in paragraph (a),
is continuing and is of the opinion that the interests of justice
warrant the granting of the application, the judge shall grant an
extension, or a subsequent extension, of the period, each extension
not to exceed three years.
196(4) Application to be accompanied by affidavit
(4) An application pursuant to subsection (2) shall be accompanied by
an affidavit deposing to
(a) the facts known or believed by the deponent and relied on to
justify the belief that an extension should be granted; and
(b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that
subsection in relation to the particular authorization and on which
the application was withdrawn or the application was not granted, the
date on which each application was made and the judge to whom each
application was made.
R.S., 1985, c. C-46, s. 196; R.S., 1985, c. 27 (1st Supp.), s. 28;
1993, c. 40, s. 14.
PART VII
DISORDERLY HOUSES, GAMING AND BETTING
Interpretation
197(1) Definitions
197. (1) In this Part,
197(1) "bet"
"bet" means a bet that is placed on any contingency or event that is
to take place in or out of Canada, and without restricting the
generality of the foregoing, includes a bet that is placed on any
contingency relating to a horse-race, fight, match or sporting event
that is to take place in or out of Canada;
197(1) "common bawdy-house"
"common bawdy-house" means a place that is
(a) kept or occupied, or
(b) resorted to by one or more persons
for the purpose of prostitution or the practice of acts of indecency;
197(1) "common betting house"
"common betting house" means a place that is opened, kept or used for
the purpose of
(a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or
(b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting;
197(1) "common gaming house"
"common gaming house" means a place that is
(a) kept for gain to which persons resort for the purpose of playing games, or
(b) kept or used for the purpose of playing games
(i) in which a bank is kept by one or more but not all of the players,
(ii) in which all or any portion of the bets on or proceeds from a
game is paid, directly or indirectly, to the keeper of the place,
(iii) in which, directly or indirectly, a fee is charged to or paid by
the players for the privilege of playing or participating in a game or
using gaming equipment, or
(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts
the game;
197(1) "disorderly house"
"disorderly house" means a common bawdy-house, a common betting house
or a common gaming house;
197(1) "game"
"game" means a game of chance or mixed chance and skill;
197(1) "gaming equipment"
"gaming equipment" means anything that is or may be used for the
purpose of playing games or for betting;
197(1) "keeper"
"keeper" includes a person who
(a) is an owner or occupier of a place,
(b) assists or acts on behalf of an owner or occupier of a place,
(c) appears to be, or to assist or act on behalf of an owner or
occupier of a place,
(d) has the care or management of a place, or
(e) uses a place permanently or temporarily, with or without the
consent of the owner or occupier thereof;
197(1) "place"
"place" includes any place, whether or not
(a) it is covered or enclosed,
(b) it is used permanently or temporarily, or
(c) any person has an exclusive right of user with respect to it;
197(1) "prostitute"
"prostitute" means a person of either sex who engages in prostitution;
197(1) "public place"
"public place" includes any place to which the public have access as
of right or by invitation, express or implied.
197(2) Exception
(2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition
"common gaming house" in subsection (1) while it is occupied and used
by an incorporated genuine social club or branch thereof, if
(a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and
(b) no fee is charged to persons for the right or privilege of
participating in the games played therein other than under the
authority of and in accordance with the terms of a licence issued by
the Attorney General of the province in which the place is situated or
by such other person or authority in the province as may be specified
by the Attorney General thereof.
197(3) Onus
(3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.
197(4) Effect when game partly played on premises
(4) A place may be a common gaming house notwithstanding that
(a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;
(b) the stake that is played for is in some other place; or
(c) it is used on only one occasion in the manner described in
paragraph (b) of the definition "common gaming house" in subsection
(1), if the keeper or any person acting on behalf of or in concert
with the keeper has used another place on another occasion in the
manner described in that paragraph.
R.S., 1985, c. C-46, s. 197; R.S., 1985, c. 27 (1st Supp.), s. 29.
Presumptions
198(1) Presumptions
198. (1) In proceedings under this Part,
(a) evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or
delayed in entering is, in the absence of any evidence to the
contrary, proof that the place is a disorderly house;
(b) evidence that a place was found to be equipped with gaming
equipment or any device for concealing, removing or destroying gaming
equipment is, in the absence of any evidence to the contrary, proof
that the place is a common gaming house or a common betting house, as
the case may be;
(c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of
anyone found therein, is, in the absence of any evidence to the
contrary, proof that the place is a common gaming house and that the
persons found therein were playing games, whether or not any person
acting under the warrant observed any persons playing games therein;
and
(d) evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to
have been an inmate or to have been found in that house at the time
the person committed the offence of which he was convicted, in the
absence of any evidence to the contrary, proof that the house was, at
that time, a disorderly house.
198(2) Conclusive presumption from slot machine
(2) For the purpose of proceedings under this Part, a place that is
found to be equipped with a slot machine shall be conclusively
presumed to be a common gaming house.
198(3) Definition of "slot machine"
(3) In subsection (2), "slot machine" means any automatic machine or slot machine
(a) that is used or intended to be used for any purpose other than vending merchandise or services, or
(b) that is used or intended to be used for the purpose of vending merchandise or services if
(i) the result of one of any number of operations of the machine is a
matter of chance or uncertainty to the operator,
(ii) as a result of a given number of successive operations by the
operator the machine produces different results, or
(iii) on any operation of the machine it discharges or emits a slug or
token,
but does not include an automatic machine or slot machine that
dispenses as prizes only one or more free games on that machine.
R.S., c. C-34, s. 180; 1974-75-76, c. 93, s. 10.
Search
199(1) Warrant to search
199. (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201,
202, 203, 206, 207 or 210 is being committed at any place within the
jurisdiction of the justice may issue a warrant authorizing a peace
officer to enter and search the place by day or night and seize
anything found therein that may be evidence that an offence under
section 201, 202, 203, 206, 207 or 210, as the case may be, is being
committed at that place, and to take into custody all persons who are
found in or at that place and requiring those persons and things to be
brought before that justice or before another justice having jurisdiction, to be dealt with according to law.
199(2) Search without warrant, seizure and arrest
(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he
finds keeping a common gaming house and any person whom he finds
therein, and may seize anything that may be evidence that such an
offence is being committed and shall bring those persons and things
before a justice having jurisdiction, to be dealt with according to law.
199(3) Disposal of property seized
(3) Except where otherwise expressly provided by law, a court, judge, justice or magistrate before whom anything that is seized under this
section is brought may declare that the thing is forfeited, in which
case it shall be disposed of or dealt with as the Attorney General may
direct if no person shows sufficient cause why it should not be forfeited.
199(4) When declaration or direction may be made
(4) No declaration or direction shall be made pursuant to subsection
(3) in respect of anything seized under this section until
(a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or
(b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.
199(5) Conversion into money
(5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects
as if he were the owner thereof.
199(6) Telephones exempt from seizure
(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other
communication facilities or equipment that may be evidence of or that
may have been used in the commission of an offence under section 201,
202, 203, 206, 207 or 210 and that is owned by a person engaged in
providing telephone, telegraph or other communication service to the
public or forming part of the telephone, telegraph or other communication service or system of that person.
199(7) Exception
(7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection
that is designed or adapted to record a communication.
R.S., 1985, c. C-46, s. 199; 1994, c. 44, s. 10.
Obstruction
200. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]
Gaming and Betting
201(1) Keeping gaming or betting house
201. (1) Every one who keeps a common gaming house or common betting house is guilty of an indictable offence and liable to imprisonment
for a term not exceeding two years.
201(2) Person found in or owner permitting use
(2) Every one who
(a) is found, without lawful excuse, in a common gaming house or common betting house, or
(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming
house or common betting house,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 185.
202(1) Betting, pool-selling, book-making, etc.
202. (1) Every one commits an offence who
(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
(b) imports, makes, buys, sells, rents, leases, hires or keeps,
exhibits, employs or knowingly allows to be kept, exhibited or
employed in any place under his control any device or apparatus for
the purpose of recording or registering bets or selling a pool, or any
machine or device for gambling or betting;
(c) has under his control any money or other property relating to a transaction that is an offence under this section;
(d) records or registers bets or sells a pool;
(e) engages in book-making or pool-selling, or in the business or
occupation of betting, or makes any agreement for the purchase or sale
of betting or gaming privileges, or for the purchase or sale of
information that is intended to assist in book-making, pool-selling or
betting;
(f) prints, provides or offers to print or provide information
intended for use in connection with book-making, pool-selling or
betting on any horse-race, fight, game or sport, whether or not it
takes place in or outside Canada or has or has not taken place;
(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling,
book-making, pool-selling or betting on a horse-race, fight, game or
sport, and where this paragraph applies it is immaterial
(i) whether the information is published before, during or after the race, fight game or sport, or
(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,
but this paragraph does not apply to a newspaper, magazine or other
periodical published in good faith primarily for a purpose other than
the publication of such information;
(h) advertises, prints, publishes, exhibits, posts up, or otherwise
gives notice of any offer, invitation or inducement to bet on, to
guess or to foretell the result of a contest, or a result of or
contingency relating to any contest;
(i) wilfully and knowingly sends, transmits, delivers or receives any message by radio, telegraph, telephone, mail or express that conveys
any information relating to book-making, pool-selling, betting or
wagering, or that is intended to assist in book-making, pool-selling,
betting or wagering; or
(j) aids or assists in any manner in anything that is an offence under this section.
202(2) Punishment
(2) Every one who commits an offence under this section is guilty of
an indictable offence and liable
(a) for a first offence, to imprisonment for not more than two years;
(b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and
(c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., c. C-34, s. 186; 1974-75-76, c. 93, s. 11.
203 Placing bets on behalf of others
203. Every one who
(a) places or offers or agrees to place a bet on behalf of another
person for a consideration paid or to be paid by or on behalf of that
other person,
(b) engages in the business or practice of placing or agreeing to
place bets on behalf of other persons, whether for a consideration or
otherwise, or
(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on
behalf of other persons, whether for a consideration or otherwise,
is guilty of an indictable offence and liable
(d) for a first offence, to imprisonment for not more than two years,
(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and
(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11.
204(1) Exemption
204. (1) Sections 201 and 202 do not apply to
(a) any person or association by reason of his or their becoming the custodian or depository of any money, property or valuable thing
staked, to be paid to
(i) the winner of a lawful race, sport, game or exercise,
(ii) the owner of a horse engaged in a lawful race, or
(iii) the winner of any bets between not more than ten individuals;
(b) a private bet between individuals not engaged in any way in the business of betting;
(c) bets made or records of bets made through the agency of a
pari-mutuel system on running, trotting or pacing horse-races if
(i) the bets or records of bets are made on the race-course of an
association in respect of races conducted at that race-course or
another race-course in or out of Canada, and, in the case of a race
conducted on a race-course situated outside Canada, the governing body
that regulates the race has been certified as acceptable by the
Minister of Agriculture and Agri-Food or a person designated by that
Minister pursuant to subsection (8.1) and that Minister or person has
permitted pari-mutuel betting in Canada on the race pursuant to that
subsection, and
(ii) the provisions of this section and the regulations are complied
with.
204(1.1) Exception
(1.1) For greater certainty, a person may, in accordance with the
regulations, do anything described in section 201 or 202, if the
person does it for the purposes of legal pari-mutuel betting.
204(2) Presumption
(2) For the purposes of paragraph 1(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e),
or by telephone calls to the race-course of an association or to such
a betting theatre, are deemed to be made on the race-course of the
association.
204(3) Operation of pari-mutuel system
(3) No person or association shall use a pari-mutuel system of betting in respect of a horse-race unless the system has been approved by and
its operation is carried on under the supervision of an officer appointed by the Minister of Agriculture and Agri-Food.
204(4) Supervision of pari-mutuel system
(4) Every person or association operating a pari-mutuel system of
betting in accordance with this section in respect of a horse-race,
whether or not the person or association is conducting the
race-meeting at which the race is run, shall pay to the Receiver
General in respect of each individual pool of the race and each
individual feature pool one-half of one per cent, or such greater
fraction not exceeding one per cent as may be fixed by the Governor in
Council, of the total amount of money that is bet through the agency
of the pari-mutuel system of betting.
204(5) Percentage that may be deducted and retained
(5) Where any person or association becomes a custodian or depository of any money, bet or stakes under a pari-mutuel system in respect of a
horse-race, that person or association shall not deduct or retain any
amount from the total amount of money, bets or stakes unless it does
so pursuant to subsection (6).
204(6) Percentage that may be deducted and retained
(6) An association operating a pari-mutuel system of betting in
accordance with this section in respect of a horse-race, or any other
association or person acting on its behalf, may deduct and retain from
the total amount of money that is bet through the agency of the
pari-mutuel system, in respect of each individual pool of each race or
each individual feature pool, a percentage not exceeding the
percentage prescribed by the regulations plus any odd cents over any
multiple of five cents in the amount calculated in accordance with the
regulations to be payable in respect of each dollar bet.
204(7) Stopping of betting
(7) Where an officer appointed by the Minister of Agriculture and
Agri-Food is not satisfied that the provisions of this section and the
regulations are being carried out in good faith by any person or
association in relation to a race meeting, he may, at any time, order
any betting in relation to the race meeting to be stopped for any
period that he considers proper.
204(8) Regulations
(8) The Minister of Agriculture and Agri-Food may make regulations
(a) prescribing the maximum number of races for each race-course on which a race meeting is conducted, in respect of which a pari-mutuel
system of betting may be used for the race meeting or on any one
calendar day during the race meeting, and the circumstances in which
the Minister of Agriculture and Agri-Food or a person designated by
him for that purpose may approve of the use of that system in respect
of additional races on any race-course for a particular race meeting
or on a particular day during the race meeting;
(b) prohibiting any person or association from using a pari-mutuel system of betting for any race-course on which a race meeting is
conducted in respect of more than the maximum number of races
prescribed pursuant to paragraph (a) and the additional races, if any,
in respect of which the use of a pari-mutuel system of betting has
been approved pursuant to that paragraph;
(c) prescribing the maximum percentage that may be deducted and retained pursuant to subsection (6) by or on behalf of a person or
association operating a pari-mutuel system of betting in respect of a
horse-race in accordance with this section and providing for the
determination of the percentage that each such person or association
may deduct and retain;
(d) respecting pari-mutuel betting in Canada on horse-races conducted on a race-course situated outside Canada; and
(e) authorizing pari-mutuel betting and governing the conditions for pari-mutuel betting, including the granting of licences therefor, that
is conducted by an association in a betting theatre owned or leased by
the association in a province in which the Lieutenant Governor in
Council, or such other person or authority in the province as may be
specified by the Lieutenant Governor in Council thereof, has issued a
licence to that association for the betting theatre.
204(8.1) Approvals
(8.1) The Minister of Agriculture and Agri-Food or a person designated
by that Minister may, with respect to a horse-race conducted on a
race-course situated outside Canada,
(a) certify as acceptable, for the purposes of this section, the
governing body that regulates the race; and
(b) permit pari-mutuel betting in Canada on the race.
204(9) Idem
(9) The Minister of Agriculture and Agri-Food may make regulations respecting
(a) the supervision and operation of pari-mutuel systems related to race meetings, and the fixing of the dates on which and the places at
which an association may conduct those meetings;
(b) the method of calculating the amount payable in respect of each dollar bet;
(c) the conduct of race-meetings in relation to the supervision and operation of pari-mutuel systems, including photo-finishes, video
patrol and the testing of bodily substances taken from horses entered
in a race at such meetings, including, in the case of a horse that
dies while engaged in racing or immediately before or after the race,
the testing of any tissue taken from its body;
(d) the prohibition, restriction or regulation of
(i) the possession of drugs or medicaments or of equipment used in the administering of drugs or medicaments at or near race-courses, or
(ii) the administering of drugs or medicaments to horses participating in races run at a race meeting during which a pari-mutuel system of
betting is used; and
(e) the provision, equipment and maintenance of accommodation, services or other facilities for the proper supervision and operation
of pari-mutuel systems related to race meetings, by associations conducting those meetings or by other associations.
204(9.1) 900 metre zone
(9.1) For the purposes of this section, the Minister of Agriculture
and Agri-Food may designate, with respect to any race-course, a zone
that shall be deemed to be part of the race-course, if
(a) the zone is immediately adjacent to the race-course;
(b) the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and
(c) all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.
204(10) Contravention
(10) Every person who contravenes or fails to comply with any of the
provisions of this section or of any regulations made under this
section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
204(11) Definition of "association"
(11) For the purposes of this section, "association" means an
association incorporated by or pursuant to an Act of Parliament or of
the legislature of a province that owns or leases a race-course and
conducts horse-races in the ordinary course of its business and, to
the extent that the applicable legislation requires that the purposes
of the association be expressly stated in its constating instrument,
having as one of its purposes the conduct of horse-races.
R.S., 1985, c. C-46, s. 204; R.S., 1985, c. 47 (1st Supp.), s. 1;
1989, c. 2, s. 1; 1994, c. 38, ss. 14, 25.
205. [Repealed, R.S., 1985, c. 52 (1st Supp.), s. 1]
206(1) Offence in relation to lotteries and games of chance
206. (1) Every one is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two years who
(a) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or
plan for advancing, lending, giving, selling or in any way disposing
of any property by lots, cards, tickets or any mode of chance whatever;
(b) sells, barters, exchanges or otherwise disposes of, or causes or
procures, or aids or assists in, the sale, barter, exchange or other
disposal of, or offers for sale, barter or exchange, any lot, card,
ticket or other means or device for advancing, lending, giving,
selling or otherwise disposing of any property by lots, tickets or any
mode of chance whatever;
(c) knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts
for carriage or transport or conveys any article that is used or
intended for use in carrying out any device, proposal, scheme or plan
for advancing, lending, giving, selling or otherwise disposing of any
property by any mode of chance whatever;
(d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots,
tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;
(e) conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of
money, or the giving of any valuable security, or by obligating
himself to pay any sum of money or give any valuable security, shall
become entitled under the scheme, contrivance or operation to receive
from the person conducting or managing the scheme, contrivance or
operation, or any other person, a larger sum of money or amount of
valuable security than the sum or amount paid or given, or to be paid
or given, by reason of the fact that other persons have paid or given,
or obligated themselves to pay or give any sum of money or valuable
security under the scheme, contrivance or operation;
(f) disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;
(g) induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte,
punch board, coin table or on the operation of a wheel of fortune;
(h) for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public
place or a place to which the public have access, the game of three-card monte;
(i) receives bets of any kind on the outcome of a game of three-card monte; or
(j) being the owner of a place, permits any person to play the game of three-card monte therein.
206(2) Definition of "three-card monte"
(2) In this section, "three-card monte" means the game commonly known as three-card monte and includes any other game that is similar to it,
whether or not the game is played with cards and notwithstanding the
number of cards or other things that are used for the purpose of playing.
206(3) Exemption for fairs
(3) Paragraphs (1)(f) and (g), in so far as they do not relate to a
dice game, three-card monte, punch board or coin table, do not apply
to the board of an annual fair or exhibition, or to any operator of a
concession leased by that board within its own grounds and operated
during the fair or exhibition on those grounds.
206(3.1) Definition of "fair or exhibition"
(3.1) For the purposes of this section, "fair or exhibition" means an
event where agricultural or fishing products are presented or where
activities relating to agriculture or fishing take place.
206(4) Offence
(4) Every one who buys, takes or receives a lot, ticket or other
device mentioned in subsection (1) is guilty of an offence punishable
on summary conviction.
206(5) Lottery sale void
(5) Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending on or to be
determined by chance or lot, is void, and all property so sold, lent,
given, bartered or exchanged is forfeited to Her Majesty.
206(6) Bona fide exception
(6) Subsection (5) does not affect any right or title to property
acquired by any bona fide purchaser for valuable consideration without
notice.
206(7) Foreign lottery included
(7) This section applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or
plan of any foreign lottery, and the sale or offer for sale of any
ticket, chance or share, in any such lottery, or the advertisement for
sale of such ticket, chance or share, and the conducting or managing
of any such scheme, contrivance or operation for determining the
winners in any such lottery.
206(8) Saving
(8) This section does not apply to
(a) the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests in any such property;
(b) the distribution by lot of premiums given as rewards to promote thrift by punctuality in making periodical deposits of weekly savings
in any chartered savings bank; or
(c) bonds, debentures, debenture stock or other securities recallable by drawing of lots and redeemable with interest and providing for
payment of premiums on redemption or otherwise.
R.S., 1985, c. C-46, s. 206; R.S., 1985, c. 52 (1st Supp.), s. 2.
207(1) Permitted lotteries
207. (1) Notwithstanding any of the provisions of this Part relating to gaming and betting, it is lawful
(a) for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a
lottery scheme in that province, or in that and the other province, in
accordance with any law enacted by the legislature of that province;
(b) for a charitable or religious organization, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such
other person or authority in the province as may be specified by the
Lieutenant Governor in Council thereof, to conduct and manage a
lottery scheme in that province if the proceeds from the lottery
scheme are used for a charitable or religious object or purpose;
(c) for the board of a fair or of an exhibition, or an operator of a
concession leased by that board, to conduct and manage a lottery
scheme in a province where the Lieutenant Governor in Council of the
province or such other person or authority in the province as may be
specified by the Lieutenant Governor in Council thereof has
(i) designated that fair or exhibition as a fair or exhibition where a lottery scheme may be conducted and managed, and
(ii) issued a licence for the conduct and management of a lottery
scheme to that board or operator;
(d) for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority
in the province as may be specified by the Lieutenant Governor in
Council thereof, to conduct and manage a lottery scheme at a public
place of amusement in that province if
(i) the amount or value of each prize awarded does not exceed five hundred dollars, and
(ii) the money or other valuable consideration paid to secure a chance to win a prize does not exceed two dollars;
(e) for the government of a province to agree with the government of another province that lots, cards or tickets in relation to a lottery scheme that is by any of paragraphs (a) to (d) authorized to be
conducted and managed in that other province may be sold in the
province;
(f) for any person, pursuant to a licence issued by the Lieutenant
Governor in Council of a province or such other person or authority in
the province as may be designated by the Lieutenant Governor in
Council thereof, to conduct and manage in the province a lottery
scheme that is authorized to be conducted and managed in one or more
other provinces where the authority by which the lottery scheme was
first authorized to be conducted and managed consents thereto;
(g) for any person, for the purpose of a lottery scheme that is lawful in a province under any of paragraphs (a) to (f), to do anything in
the province, in accordance with the applicable law or licence, that
is required for the conduct, management or operation of the lottery
scheme or for the person to participate in the scheme; and
(h) for any person to make or print anywhere in Canada or to cause to be made or printed anywhere in Canada anything relating to gaming and
betting that is to be used in a place where it is or would, if certain
conditions provided by law are met, be lawful to use such a thing, or
to send, transmit, mail, ship, deliver or allow to be sent,
transmitted, mailed, shipped or delivered or to accept for carriage or
transport or convey any such thing where the destination thereof is
such a place.
207(2) Terms and conditions of licence
(2) Subject to this Act, a licence issued by or under the authority of
the Lieutenant Governor in Council of a province as described in
paragraph (1)(b), (c), (d) or (f) may contain such terms and
conditions relating to the conduct, management and operation of or
participation in the lottery scheme to which the licence relates as
the Lieutenant Governor in Council of that province, the person or
authority in the province designated by the Lieutenant Governor in
Council thereof or any law enacted by the legislature of that province
may prescribe.
207(3) Offence
(3) Every one who, for the purposes of a lottery scheme, does anything that is not authorized by or pursuant to a provision of this section
(a) in the case of the conduct, management or operation of that
lottery scheme,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or
(ii) is guilty of an offence punishable on summary conviction; or
(b) in the case of participating in that lottery scheme, is guilty of
an offence punishable on summary conviction.
207(4) Definition of "lottery scheme"
(4) In this section, "lottery scheme" means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any
of paragraphs 206(1)(a) to (g), whether or not it involves betting,
pool selling or a pool system of betting other than
(a) a dice game, three-card monte, punch board or coin table;
(b) bookmaking, pool selling or the making or recording of bets,
including bets made through the agency of a pool or pari-mutuel
system, on any race or fight, or on a single sport event or athletic
contest; or
(c) for the purposes of paragraphs (1)(b) to (f), a game or proposal,
scheme, plan, means, device, contrivance or operation described in any
of paragraphs 206(1)(a) to (g) that is operated on or through a
computer, video device or slot machine, within the meaning of
subsection 198(3).
207(5) Exception re: pari-mutuel betting
(5) For greater certainty, nothing in this section shall be construed as authorizing the making or recording of bets on horse-races through
the agency of a pari-mutuel system other than in accordance with
section 204.
R.S., 1985, c. C-46, s. 207; R.S., 1985, c. 27 (1st Supp.), s. 31, c.
52 (1st Supp.), s. 3.
208. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32]
209 Cheating at play
209. Every one who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years.
R.S., c. C-34, s. 192.
Bawdy-houses
210(1) Keeping common bawdy-house
210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding
two years.
210(2) Landlord, inmate, etc.
(2) Every one who
(a) is an inmate of a common bawdy-house,
(b) is found, without lawful excuse, in a common bawdy-house, or
(c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or
any part thereof to be let or used for the purposes of a common bawdy-house,
is guilty of an offence punishable on summary conviction.
210(3) Notice of conviction to be served on owner
(3) Where a person is convicted of an offence under subsection (1),
the court shall cause a notice of the conviction to be served on the
owner, landlord or lessor of the place in respect of which the person
is convicted or his agent, and the notice shall contain a statement to
the effect that it is being served pursuant to this section.
210(4) Duty of landlord on notice
(4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the
tenancy or right of occupation of the person so convicted, and
thereafter any person is convicted of an offence under subsection (1)
in respect of the same premises, the person on whom the notice was
served shall be deemed to have committed an offence under subsection
(1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.
R.S., c. C-34, s. 193.
211 Transporting person to bawdy-house
211. Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is
guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 194.
Procuring
212(1) Procuring
212. (1) Every one who
(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b) inveigles or entices a person who is not a prostitute or a person of known immoral character to a common bawdy-house or house of
assignation for the purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a person in a common bawdy-house or house of assignation,
(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common
bawdy-house, with intent that the person may become an inmate or
frequenter of a common bawdy-house, whether in or out of Canada,
(f) on the arrival of a person in Canada, directs or causes that
person to be directed or takes or causes that person to be taken, to a
common bawdy-house or house of assignation,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or
influence over the movements of a person in such manner as to show
that he is aiding, abetting or compelling that person to engage in or
carry on prostitution with any person or generally,
(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy
or overpower that person in order thereby to enable any person to have
illicit sexual intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another
person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years.
212(2) Idem
(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under
the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
212(3) Presumption
(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house or in a house of
assignation is, in the absence of evidence to the contrary, proof that
the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsection (2).
212(4) Offence in relation to juvenile prostitution
(4) Every person who, in any place, obtains or attempts to obtain, for consideration, the sexual services of a person who is under the age of
eighteen years is guilty of an indictable offence and liable to
imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 212; R.S., 1985, c. 19 (3rd Supp.), s. 9.
Offence in Relation to Prostitution
213(1) Offence in relation to prostitution
213. (1) Every person who in a public place or in any place open to public view
(a) stops or attempts to stop any motor vehicle,
(b) impedes the free flow of pedestrian or vehicular traffic or
ingress to or egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates
or attempts to communicate with any person
for the purpose of engaging in prostitution or of obtaining the
sexual services of a prostitute is guilty of an offence punishable on
summary conviction.
213(2) Definition of "public place"
(2) In this section, "public place" includes any place to which the
public have access as of right or by invitation, express or implied,
and any motor vehicle located in a public place or in any place open
to public view.
R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1.
PART VIII
OFFENCES AGAINST THE PERSON AND REPUTATION
Interpretation
214 Definitions
214. In this Part,
"abandon" or "expose"
"abandon" or "expose" includes
(a) a wilful omission to take charge of a child by a person who is
under a legal duty to do so, and
(b) dealing with a child in a manner that is likely to leave that
child exposed to risk without protection;
214 "aircraft"
"aircraft" does not include a machine designed to derive support in
the atmosphere primarily from reactions against the earth's surface of
air expelled from the machine;
214 "child"
"child" includes an adopted child and an illegitimate child;
214 "form of marriage"
"form of marriage" includes a ceremony of marriage that is recognized
as valid
(a) by the law of the place where it was celebrated, or
(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated;
214 "guardian" ¯
"guardian" includes a person who has in law or in fact the custody or
control of a child;
214 "operate"
"operate"
(a) means, in respect of a motor vehicle, to drive the vehicle,
(b) means, in respect of railway equipment, to participate in the
direct control of its motion, whether
(i) as a member of the crew of the equipment,
(ii) as a person who, by remote control, acts in lieu of such crew, or
(iii) as other than a member or person described in subparagraphs (i) and (ii), and
(c) includes, in respect of a vessel or an aircraft, to navigate the
vessel or aircraft;
214 "vessel"
"vessel" includes a machine designed to derive support in the
atmosphere primarily from reactions against the earth's surface of air
expelled from the machine.
R.S., 1985, c. C-46, s. 214; R.S., 1985, c. 27 (1st Supp.), s. 33, c.
32 (4th Supp.), s. 56.
Duties Tending to Preservation of Life
215(1) Duty of persons to provide necessaries
215. (1) Every one is under a legal duty
(a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;
(b) as a married person, to provide necessaries of life to his spouse; and
(c) to provide necessaries of life to a person under his charge if
that person
(i) is unable, by reason of detention, age, illness, mental disorder
or other cause, to withdraw himself from that charge, and
(ii) is unable to provide himself with necessaries of life.
215(2) Offence
(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof
of which lies on him, to perform that duty, if
(a) with respect to a duty imposed by paragraph (1)(a) or (b),
(i) the person to whom the duty is owed is in destitute or necessitous circumstances, or
(ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health
of that person to be endangered permanently; or
(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is
owed or causes or is likely to cause the health of that person to be
injured permanently.
215(3) Punishment
(3) Every one who commits an offence under subsection (2) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
215(4) Presumptions
(4) For the purpose of proceedings under this section,
(a) evidence that a person has cohabited with a person of the opposite sex or has in any way recognized that person as being his spouse is,
in the absence of any evidence to the contrary, proof that they are
lawfully married;
(b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;
(c) evidence that a person has left his spouse and has failed, for a
period of any one month subsequent to the time of his so leaving, to
make provision for the maintenance of his spouse or for the
maintenance of any child of his under the age of sixteen years is, in
the absence of any evidence to the contrary, proof that he has failed
without lawful excuse to provide necessaries of life for them; and
(d) the fact that a spouse or child is receiving or has received
necessaries of life from another person who is not under a legal duty
to provide them is not a defence.
R.S., 1985, c. C-46, s. 215; 1991, c. 43, s. 9.
216 Duty of persons undertaking acts dangerous to life
216. Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may
endanger the life of another person is, except in cases of necessity,
under a legal duty to have and to use reasonable knowledge, skill and
care in so doing.
R.S., c. C-34, s. 198.
217 Duty of persons undertaking acts
217. Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.
R.S., c. C-34, s. 199.
218 Abandoning child
218. Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be
endangered or its health is or is likely to be permanently injured, is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years.
R.S., c. C-34, s. 200.
Criminal Negligence
219(1) Criminal negligence
219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other
persons.
219(2) Definition of "duty"
(2) For the purposes of this section, "duty" means a duty imposed by
law.
R.S., c. C-34, s. 202.
220 Causing death by criminal negligence
220. Every one who by criminal negligence causes death to another person is guilty of an indictable offence and liable to imprisonment
for life.
R.S., c. C-34, s. 203.
221 Causing bodily harm by criminal negligence
221. Every one who by criminal negligence causes bodily harm to
another person is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 204.
Homicide
222(1) Homicide
222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
222(2) Kinds of homicide
(2) Homicide is culpable or not culpable.
222(3) Non culpable homicide
(3) Homicide that is not culpable is not an offence.
222(4) Culpable homicide
(4) Culpable homicide is murder or manslaughter or infanticide.
222(5) Idem
(5) A person commits culpable homicide when he causes the death of a human being,
(a) by means of an unlawful act;
(b) by criminal negligence;
(c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.
222(6) Exception
(6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes
the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.
R.S., c. C-34, s. 205.
223(1) When child becomes human being
223. (1) A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of
its mother, whether or not
(a) it has breathed;
(b) it has an independent circulation; or
(c) the navel string is severed.
223(2) Killing child
(2) A person commits homicide when he causes injury to a child before
or during its birth as a result of which the child dies after becoming
a human being.
R.S., c. C-34, s. 206.
224 Death that might have been prevented
224. Where a person, by an act or omission, does any thing that
results in the death of a human being, he causes the death of that
human being notwithstanding that death from that cause might have been
prevented by resorting to proper means.
R.S., c. C-34, s. 207.
225 Death from treatment of injury
225. Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes
the death of that human being notwithstanding that the immediate cause
of death is proper or improper treatment that is applied in good faith.
R.S., c. C-34, s. 208.
226 Acceleration of death
226. Where a person causes to a human being a bodily injury that
results in death, he causes the death of that human being
notwithstanding that the effect of the bodily injury is only to
accelerate his death from a disease or disorder arising from some
other cause.
R.S., c. C-34, s. 209.
227 Death within year and a day
227. No person commits culpable homicide or the offence of causing the death of a person by criminal negligence or by means of the commission
of an offence under subsection 249(4) or subsection 257(3) unless the
death occurs within one year and one day from the time of the
occurrence of the last event by means of which the person caused or
contributed to the cause of death.
R.S., 1985, c. C-46, s. 227; R.S., 1985, c. 27 (1st Supp.), s. 34.
228 Killing by influence on the mind
228. No person commits culpable homicide where he causes the death of a human being
(a) by any influence on the mind alone, or
(b) by any disorder or disease resulting from influence on the mind alone,
but this section does not apply where a person causes the death of a
child or sick person by wilfully frightening him.
R.S., c. C-34, s. 211.
Murder, Manslaughter and Infanticide
229 Murder
229. Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death,
and being reckless whether death ensues or not, by accident or mistake
causes death to another human being, notwithstanding that he does not
mean to cause death or bodily harm to that human being; or
(c) where a person, for an unlawful object, does anything that he
knows or ought to know is likely to cause death, and thereby causes
death to a human being, notwithstanding that he desires to effect his
object without causing death or bodily harm to any human being.
R.S., c. C-34, s. 212.
230 Murder in commission of offences
230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or
treason or an offence mentioned in section 52 (sabotage), 75
(piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1)
or sections 146 to 148 (escape or rescue from prison or lawful
custody), section 270 (assaulting a peace officer), section 271
(sexual assault), 272 (sexual assault with a weapon, threats to a
third party or causing bodily harm), 273 (aggravated sexual assault),
279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343
(robbery), 348 (breaking and entering) or 433 or 434 (arson), whether
or not the person means to cause death to any human being and whether
or not he knows that death is likely to be caused to any human being,
if
(a) he means to cause bodily harm for the purpose of
(i) facilitating the commission of the offence, or
(ii) facilitating his flight after committing or attempting to commit the offence,
and the death ensues from the bodily harm;
(b) he administers a stupefying or overpowering thing for a purpose
mentioned in paragraph (a), and the death ensues therefrom; or
(c) he wilfully stops, by any means, the breath of a human being for a
purpose mentioned in paragraph (a), and the death ensues therefrom.
(d) [Repealed, 1991, c. 4, s. 1]
R.S., 1985, c. C-46, s. 230; R.S., 1985, c. 27 (1st Supp.), s. 40;
1991, c. 4, s. 1.
231(1) Classification of murder
231. (1) Murder is first degree murder or second degree murder.
231(2) Planned and deliberate murder
(2) Murder is first degree murder when it is planned and deliberate.
231(3) Contracted murder
(3) Without limiting the generality of subsection (2), murder is
planned and deliberate when it is committed pursuant to an arrangement
under which money or anything of value passes or is intended to pass
from one person to another, or is promised by one person to another,
as consideration for that other's causing or assisting in causing the
death of anyone or counselling another person to do any act causing or
assisting in causing that death.
231(4) Murder of peace officer, etc.
(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is
(a) a police officer, police constable, constable, sheriff, deputy
sheriff, sheriff's officer or other person employed for the
preservation and maintenance of the public peace, acting in the course
of his duties;
(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
231(5) Hijacking, sexual assault or kidnapping
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a
person when the death is caused by that person while committing or
attempting to commit an offence under one of the following sections:
(a) section 76 (hijacking an aircraft);
(b) section 271 (sexual assault);
(c) section 272 (sexual assault with a weapon, threats to a third
party or causing bodily harm);
(d) section 273 (aggravated sexual assault);
(e) section 279 (kidnapping and forcible confinement); or
(f) section 279.1 (hostage taking).
(6) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 35]
231(7) Second degree murder
(7) All murder that is not first degree murder is second degree
murder.
R.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35,
40, 185(F), c. 1 (4th Supp.), s. 18(F).
232(1) Murder reduced to manslaughter
232. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the
heat of passion caused by sudden provocation.
232(2) What is provocation
(2) A wrongful act or an insult that is of such a nature as to be
sufficient to deprive an ordinary person of the power of self-control
is provocation for the purposes of this section if the accused acted
on it on the sudden and before there was time for his passion to cool.
232(3) Questions of fact
(3) For the purposes of this section, the questions
(a) whether a particular wrongful act or insult amounted to
provocation, and
(b) whether the accused was deprived of the power of self-control by
the provocation that he alleges he received,
are questions of fact, but no one shall be deemed to have given
provocation to another by doing anything that he had a legal right to
do, or by doing anything that the accused incited him to do in order
to provide the accused with an excuse for causing death or bodily harm
to any human being.
232(4) Death during illegal arrest
(4) Culpable homicide that otherwise would be murder is not
necessarily manslaughter by reason only that it was committed by a
person who was being arrested illegally, but the fact that the
illegality of the arrest was known to the accused may be evidence of
provocation for the purpose of this section.
R.S., c. C-34, s. 215.
233 Infanticide
233. A female person commits infanticide when by a wilful act or
omission she causes the death of her newly-born child, if at the time
of the act or omission she is not fully recovered from the effects of
giving birth to the child and by reason thereof or of the effect of
lactation consequent on the birth of the child her mind is then
disturbed.
R.S., c. C-34, s. 216.
234 Manslaughter
234. Culpable homicide that is not murder or infanticide is
manslaughter.
R.S., c. C-34, s. 217.
235(1) Punishment for murder
235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to
imprisonment for life.
235(2) Minimum punishment
(2) For the purposes of Part XXIII, the sentence of imprisonment for
life prescribed by this section is a minimum punishment.
R.S., c. C-34, s. 218; 1973-74, c. 38, s. 3; 1974-75-76, c. 105, s. 5.
236 Punishment for manslaughter
236. Every one who commits manslaughter is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 219.
237 Punishment for infanticide
237. Every female person who commits infanticide is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years.
R.S., c. C-34, s. 220.
238(1) Killing unborn child in act of birth
238. (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the
child were a human being, he would be guilty of murder, is guilty of
an indictable offence and liable to imprisonment for life.
238(2) Saving
(2) This section does not apply to a person who, by means that, in
good faith, he considers necessary to preserve the life of the mother
of a child, causes the death of that child.
R.S., c. C-34, s. 221.
239 Attempt to commit murder
239. Everyone who attempts by any means to commit murder is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 222.
240 Accessory after fact to murder
240. Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 223.
Suicide
241 Counselling or aiding suicide
241. Every one who
(a) counsels a person to commit suicide, or
(b) aids or abets a person to commit suicide,
whether suicide ensues or not, is guilty of an indictable offence and
liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 241; R.S., 1985, c. 27 (1st Supp.), s. 7.
Neglect in Child-birth and Concealing Dead Body
242 Neglect to obtain assistance in child-birth
242. A female person who, being pregnant and about to be delivered,
with intent that the child shall not live or with intent to conceal
the birth of the child, fails to make provision for reasonable
assistance in respect of her delivery is, if the child is permanently
injured as a result thereof or dies immediately before, during or in a
short time after birth, as a result thereof, guilty of an indictable
offence and is liable to imprisonment for a term not exceeding five
years.
R.S., c. C-34, s. 226.
243 Concealing body of child
243. Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of
it, whether the child died before, during or after birth, is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding two years.
R.S., c. C-34, s. 227.
Bodily Harm and Acts and Omissions Causing Danger to the Person
244 Causing bodily harm with intent
244. Every one who, with intent
(a) to wound, maim or disfigure any person,
(b) to endanger the life of any person, or
(c) to prevent the arrest or detention of any person,
discharges a firearm, air gun or air pistol at any person, whether or
not that person is the one mentioned in paragraph (a), (b) or (c), is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
R.S., c. C-34, s. 228; 1980-81-82-83, c. 125, s. 17.
245 Administering noxious thing
245. Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or
noxious thing is guilty of an indictable offence and liable
(a) to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or
(b) to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.
R.S., c. C-34, s. 229.
246 Overcoming resistance to commission of offence
246. Every one who, with intent to enable or assist himself or another person to commit an indictable offence,
(a) attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle,
attempts to render another person insensible, unconscious or incapable
of resistance, or
(b) administers or causes to be administered to any person, or
attempts to administer to any person, or causes or attempts to cause
any person to take a stupefying or overpowering drug, matter or thing,
is guilty of an indictable offence and liable to imprisonment for
life.
R.S., c. C-34, s. 230; 1972, c. 13, s. 70.
247(1) Traps likely to cause bodily harm
247. (1) Every one who, with intent to cause death or bodily harm to persons, whether ascertained or not, sets or places or causes to be
set or placed a trap, device or other thing whatever that is likely to
cause death or bodily harm to persons is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five
years.
247(2) Permitting traps on premises
(2) A person who, being in occupation or possession of a place where
anything mentioned in subsection (1) has been set or placed, knowingly
and wilfully permits it to remain at that place, shall be deemed, for
the purposes of that subsection, to have set or placed it with the
intent mentioned therein.
R.S., c. C-34, s. 231.
248 Interfering with transportation facilities
248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for
or in connection with the transportation of persons or goods by land,
water or air that is likely to cause death or bodily harm to persons
is guilty of an indictable offence and liable to imprisonment for
life.
R.S., c. C-34, s. 232.
Motor Vehicles, Vessels and Aircraft
249(1) Dangerous operation of motor vehicles, vessels and aircraft
249. (1) Every one commits an offence who operates
(a) a motor vehicle in a manner that is dangerous to the public,
having regard to all the circumstances, including the nature,
condition and use of the place at which the motor vehicle is being
operated and the amount of traffic that at the time is or might
reasonably be expected to be at that place;
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the
public, having regard to all the circumstances, including the nature
and condition of those waters or sea and the use that at the time is
or might reasonably be expected to be made of those waters or sea;
(c) an aircraft in a manner that is dangerous to the public, having
regard to all the circumstances, including the nature and condition of
that aircraft or the place or air space in or through which the
aircraft is operated; or
(d) railway equipment in a manner that is dangerous to the public,
having regard to all the circumstances, including the nature and
condition of the equipment or the place in or through which the
equipment is operated.
249(2) Punishment
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
249(3) Dangerous operation causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten years.
249(4) Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby
causes the death of any other person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen
years.
R.S., 1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
32 (4th Supp.), s. 57; 1994, c. 44, s. 11.
250(1) Failure to keep watch on person towed
250. (1) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not
on board such vessel another responsible person keeping watch on the
person being towed, is guilty of an offence punishable on summary
conviction.
250(2) Towing of person after dark
(2) Every one who operates a vessel while towing a person on any water
skis, surf-board, water sled or other object during the period from
one hour after sunset to sunrise is guilty of an offence punishable on
summary conviction.
R.S., 1985, c. C-46, s. 250; R.S., 1985, c. 27 (1st Supp.), s. 36.
251(1) Unseaworthy vessel and unsafe aircraft
251. (1) Every one who knowingly
(a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy
(i) on a voyage from a place in Canada to any other place in or out of
Canada, or
(ii) on a voyage from a place on the inland waters of the United
States to a place in Canada,
(b) sends an aircraft on a flight or operates an aircraft that is not
fit and safe for flight, or
(c) sends for operation or operates railway equipment that is not fit and safe for operation
and thereby endangers the life of any person, is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years.
251(2) Defences
(2) An accused shall not be convicted of an offence under this section
where the accused establishes that,
(a) in the case of an offence under paragraph (1)(a),
(i) the accused used all reasonable means to ensure that the vessel was seaworthy, or
(ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;
(b) in the case of an offence under paragraph (1)(b),
(i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or
(ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and
(c) in the case of an offence under paragraph (1)(c),
(i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or
(ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.
251(3) Consent of Attorney General
(3) No proceedings shall be instituted under this section in respect
of a vessel or aircraft, or in respect of railway equipment sent for
operation or operated on a line of railway that is within the
legislative authority of Parliament, without the consent in writing of
the Attorney General of Canada.
R.S., 1985, c. C-46, s. 251; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
32 (4th Supp.), s. 58.
252(1) Failure to stop at scene of accident
252. (1) Every person who has the care, charge or control of a
vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop
the vehicle, vessel or, where possible, the aircraft, give his or her
name and address and, where any person has been injured or appears to
require assistance, offer assistance, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five years
or is guilty of an offence punishable on summary conviction.
252(2) Evidence
(2) In proceedings under subsection (1), evidence that an accused
failed to stop his vehicle, vessel or, where possible, his aircraft,
as the case may be, offer assistance where any person has been injured
or appears to require assistance and give his name and address is, in
the absence of evidence to the contrary, proof of an intent to escape
civil or criminal liability.
R.S., 1985, c. C-46, s. 252; R.S., 1985, c. 27 (1st Supp.), s. 36;
1994, c. 44, s. 12.
253 Operation while impaired
253. Every one commits an offence who operates a motor vehicle or
vessel or operates or assists in the operation of an aircraft or of
railway equipment or has the care or control of a motor vehicle,
vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel,
aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
32 (4th Supp.), s. 59.
254(1) Definitions
254. (1) In this section and sections 255 to 258,
254(1) "analyst
"analyst" means a person designated by the Attorney General as an
analyst for the purposes of section 258;
254(1) "approved container"
"approved container" means
(a) in respect of breath samples, a container of a kind that is
designed to receive a sample of the breath of a person for analysis
and is approved as suitable for the purposes of section 258 by order
of the Attorney General of Canada, and
(b) in respect of blood samples, a container of a kind that is
designed to receive a sample of the blood of a person for analysis and
is approved as suitable for the purposes of section 258 by order of
the Attorney General of Canada;
254(1) "approved instrument"
"approved instrument" means an instrument of a kind that is designed
to receive and make an analysis of a sample of the breath of a person
in order to measure the concentration of alcohol in the blood of that
person and is approved as suitable for the purposes of section 258 by
order of the Attorney General of Canada;
254(1) "approved screening device"
"approved screening device" means a device of a kind that is designed
to ascertain the presence of alcohol in the blood of a person and that
is approved for the purposes of this section by order of the Attorney
General of Canada;
254(1) "qualified medical practitioner"
"qualified medical practitioner" means a person duly qualified by
provincial law to practise medicine;
254(1) "qualified technician"
"qualified technician" means,
(a) in respect of breath samples, a person designated by the Attorney General as being qualified to operate an approved instrument, and
(b) in respect of blood samples, any person or person of a class of persons designated by the Attorney General as being qualified to take
samples of blood for the purposes of this section and sections 256 and
258.
254(2) Testing for presence of alcohol in the blood
(2) Where a peace officer reasonably suspects that a person who is
operating a motor vehicle or vessel or operating or assisting in the
operation of an aircraft or of railway equipment or who has the care
or control of a motor vehicle, vessel or aircraft or of railway
equipment, whether it is in motion or not, has alcohol in the person's
body, the peace officer may, by demand made to that person, require
the person to provide forthwith such a sample of breath as in the
opinion of the peace officer is necessary to enable a proper analysis
of the breath to be made by means of an approved screening device and,
where necessary, to accompany the peace officer for the purpose of
enabling such a sample of breath to be taken.
254(3) Samples of breath or blood where reasonable belief of
commission of offence
(3) Where a peace officer believes on reasonable and probable grounds that a person is committing, or at any time within the preceding two
hours has committed, as a result of the consumption of alcohol, an
offence under section 253, the peace officer may, by demand made to
that person forthwith or as soon as practicable, require that person
to provide then or as soon thereafter as is practicable
(a) such samples of the person's breath as in the opinion of a
qualified technician, or
(b) where the peace officer has reasonable and probable grounds to
believe that, by reason of any physical condition of the person,
(i) the person may be incapable of providing a sample of his breath, or
(ii) it would be impracticable to obtain a sample of the person's
breath,
such samples of the person's blood, under the conditions referred to
in subsection (4), as in the opinion of the qualified medical
practitioner or qualified technician taking the samples
are necessary to enable proper analysis to be made in order to
determine the concentration, if any, of alcohol in the person's blood,
and to accompany the peace officer for the purpose of enabling such
samples to be taken.
254(4) Exception
(4) Samples of blood may only be taken from a person pursuant to a demand made by a peace officer under subsection (3) if the samples are
taken by or under the direction of a qualified medical practitioner
and the qualified medical practitioner is satisfied that the taking of
those samples would not endanger the life or health of the person.
254(5) Failure or refusal to provide sample
(5) Every one commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him by a peace officer under this section.
254(6) Only one conviction for failure to comply with demand
(6) A person who is convicted of an offence committed under subsection
(5) for a failure or refusal to comply with a demand made under subsection (2) or paragraph (3)(a) or (b) in respect of any transaction may not be convicted of another offence committed under subsection (5) in respect of the same transaction.
R.S., 1985, c. C-46, s. 254; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
1 (4th Supp.), ss. 14, 18(F), c. 32 (4th Supp.), s. 60.
255(1) Punishment
255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary
conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on
summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than three hundred
dollars,
(ii) for a second offence, to imprisonment for not less than fourteen
days, and
(iii) for each subsequent offence, to imprisonment for not less than
ninety days;
(b) where the offence is prosecuted by indictment, to imprisonment for
a term not exceeding five years; and
(c) where the offence is punishable on summary conviction, to imprisonment for a term not exceeding six months.
(d)
255(2) Impaired driving causing bodily harm
(2) Every one who commits an offence under paragraph 253(a) and thereby causes bodily harm to any other person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
ten years.
255(3) Impaired driving causing death
(3) Every one who commits an offence under paragraph 253(a) and thereby causes the death of any other person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
255(4) Previous convictions
(4) Where a person is convicted of an offence committed under
paragraph 253(a) or (b) or subsection 254(5), that person shall, for
the purposes of this Act, be deemed to be convicted for a second or
subsequent offence, as the case may be, if the person has previously
been convicted of
(a) an offence committed under any of those provisions;
(b) an offence under subsection (2) or (3); or
(c) an offence under section 250, 251, 252, 253, 259 or 260 or
subsection 258(4) of this Act as this Act read immediately before the
coming into force of this subsection.
R.S., 1985, c. C-46, s. 255; R.S., 1985, c. 27 (1st Supp.), s. 36.
256(1) Warrants to obtain blood samples
256. (1) Subject to subsection (2), where a justice is satisfied, on
an information on oath in Form 1 or on an information on oath
submitted to the justice pursuant to section 487.1 by telephone or
other means of telecommunication, that there are reasonable grounds to
believe that
(a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol, an offence under section 253 and
the person was involved in an accident resulting in the death of
another person or in bodily harm to himself or herself or to any other
person, and
(b) a qualified medical practitioner is of the opinion that
(i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol, the accident or any other
occurrence related to or resulting from the accident, the person is
unable to consent to the taking of samples of his blood, and
(ii) the taking of samples of blood from the person would not endanger the life or health of the person,
the justice may issue a warrant authorizing a peace officer to require
a qualified medical practitioner to take, or to cause to be taken by a
qualified technician under the direction of the qualified medical
practitioner, such samples of the blood of the person as in the
opinion of the person taking the samples are necessary to enable a
proper analysis to be made in order to determine the concentration, if
any, of alcohol in his blood.
256(2) Form
(2) A warrant issued pursuant to subsection (1) may be in Form 5 or
5.1 varied to suit the case.
256(3) Information on oath
(3) Notwithstanding paragraphs 487.1(4)(b) and (c), an information on
oath submitted by telephone or other means of telecommunication for
the purposes of this section shall include, instead of the statements
referred to in those paragraphs, a statement setting out the offence
alleged to have been committed and identifying the person from whom
blood samples are to be taken.
256(4) Duration of warrant
(4) Samples of blood may be taken from a person pursuant to a warrant
issued pursuant to subsection (1) only during such time as a qualified
medical practitioner is satisfied that the conditions referred to in
subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that
person.
256(5) Facsimile to person
(5) Where a warrant issued pursuant to subsection (1) is executed, the
peace officer shall, as soon as practicable thereafter, give a copy
or, in the case of a warrant issued by telephone or other means of
telecommunication, a facsimile of the warrant to the person from whom
the blood samples were taken.
R.S., 1985, c. C-46, s. 256; R.S., 1985, c. 27 (1st Supp.), s. 36;
1992, c. 1, s. 58; 1994, c. 44, s. 13.
257(1) No offence committed
257. (1) No qualified medical practitioner or qualified technician is guilty of an offence only by reason of his refusal to take a sample of
blood from a person for the purposes of section 254 or 256 and no
qualified medical practitioner is guilty of an offence only by reason
of his refusal to cause to be taken by a qualified technician under
his direction a sample of blood from a person for those purposes.
257(2) No criminal or civil liability
(2) No qualified medical practitioner by whom or under whose direction
a sample of blood is taken from a person pursuant to a demand made
under subsection 254(3) or a warrant issued under section 256 and no
qualified technician acting under the direction of a qualified medical
practitioner incurs any criminal or civil liability for anything
necessarily done with reasonable care and skill in the taking of such
a sample of blood.
R.S., 1985, c. C-46, s. 257; R.S., 1985, c. 27 (1st Supp.), s. 36.
258(1) Proceedings under section 255
258. (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or in any proceedings under
subsection 255(2) or (3),
(a) where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel
or aircraft or any railway equipment or who assists in the operation
of an aircraft or of railway equipment, the accused shall be deemed to
have had the care or control of the vehicle, vessel, aircraft or
railway equipment, as the case may be, unless the accused establishes
that the accused did not occupy that seat or position for the purpose
of setting the vehicle, vessel, aircraft or railway equipment in
motion or assisting in the operation of the aircraft or railway
equipment, as the case may be;
(b) the result of an analysis of a sample of the breath or blood of
the accused (other than a sample taken pursuant to a demand made under
subsection 254(3)) or of the urine or other bodily substance of the
accused may be admitted in evidence notwithstanding that, before the
accused gave the sample, he was not warned that he need not give the
sample or that the result of the analysis of the sample might be used
in evidence;
(c) where samples of the breath of the accused have been taken
pursuant to a demand made under subsection 254(3), if
(i) [Not in force]
(ii) each sample was taken as soon as practicable after the time when
the offence was alleged to have been committed and, in the case of the
first sample, not later than two hours after that time, with an
interval of at least fifteen minutes between the times when the
samples were taken,
(iii) each sample was received from the accused directly into an
approved container or into an approved instrument operated by a
qualified technician, and
(iv) an analysis of each sample was made by means of an approved
instrument operated by a qualified technician,
evidence of the results of the analyses so made is, in the absence of
evidence to the contrary, proof that the concentration of alcohol in
the blood of the accused at the time when the offence was alleged to
have been committed was, where the results of the analyses are the
same, the concentration determined by the analyses and, where the
results of the analyses are different, the lowest of the
concentrations determined by the analyses;
(d) where a sample of the blood of the accused has been taken pursuant to a demand made under subsection 254(3) or otherwise with the consent
of the accused or pursuant to a warrant issued under section 256, if
(i) at the time the sample was taken, the person taking the sample
took an additional sample of the blood of the accused and one of the
samples was retained, to permit an analysis thereof to be made by or
on behalf of the accused and, at the request of the accused made
within three months from the taking of the samples, one of the samples
was ordered to be released pursuant to subsection (4),
(ii) both samples referred to in subparagraph (i) were taken as soon as practicable after the time when the offence was alleged to have
been committed and in any event not later than two hours after that
time,
(iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,
(iv) both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and
(v) an analysis was made by an analyst of at least one of the samples that was contained in a sealed approved container,
evidence of the result of the analysis is, in the absence of evidence
to the contrary, proof that the concentration of alcohol in the blood
of the accused at the time when the offence was alleged to have been
committed was the concentration determined by the analysis or, where
more than one sample was analyzed and the results of the analyses are
the same, the concentration determined by the analyses and, where the
results of the analyses are different, the lowest of the
concentrations determined by the analyses;
(e) a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood, urine, breath or other bodily substance of the accused and stating the result of that analysis is
evidence of the facts alleged in the certificate without proof of the
signature or the official character of the person appearing to have
signed the certificate;
(f) a certificate of an analyst stating that the analyst has made an
analysis of a sample of an alcohol standard that is identified in the
certificate and intended for use with an approved instrument and that
the sample of the standard analyzed by the analyst was found to be
suitable for use with an approved instrument, is evidence that the
alcohol standard so identified is suitable for use with an approved
instrument without proof of the signature or the official character of
the person appearing to have signed the certificate;
(g) where samples of the breath of the accused have been taken
pursuant to a demand made under subsection 254(3), a certificate of a
qualified technician stating
(i) that the analysis of each of the samples has been made by means of an approved instrument operated by the technician and ascertained by
the technician to be in proper working order by means of an alcohol
standard, identified in the certificate, that is suitable for use with an approved instrument,
(ii) the results of the analyses so made, and
(iii) if the samples were taken by the technician,
(A) [Not in force]
(B) the time when and place where each sample and any specimen described in clause (A) was taken, and
(C) that each sample was received from the accused directly into an approved container or into an approved instrument operated by the
technician,
is evidence of the facts alleged in the certificate without proof of
the signature or the official character of the person appearing to
have signed the certificate;
(h) where a sample of the blood of the accused has been taken pursuant to a demand made under subsection 254(3) or otherwise with the consent
of the accused or pursuant to a warrant issued under section 256,
(i) a certificate of a qualified medical practitioner stating that
(A) the medical practitioner took the sample and that before the
sample was taken he was of the opinion that the taking of blood
samples from the accused would not endanger the life or health of the
accused and, in the case of a demand made pursuant to a warrant issued
pursuant to section 256, that by reason of any physical or mental
condition of the accused that resulted from the consumption of
alcohol, the accident or any other occurrence related to or resulting
from the accident, the accused was unable to consent to the taking of
his blood,
(B) at the time the sample was taken, an additional sample of the blood of the accused was taken to permit analysis of one of the samples to be made by or on behalf of the accused,
(C) the time when and place where both samples referred to in clause
(B) were taken, and
(D) both samples referred to in clause (B) were received from the accused directly into, or placed directly into, approved containers
that were subsequently sealed and that are identified in the certificate,
(ii) a certificate of a qualified medical practitioner stating that
the medical practitioner caused the sample to be taken by a qualified
technician under his direction and that before the sample was taken
the qualified medical practitioner was of the opinion referred to in
clause (i)(A), or
(iii) a certificate of a qualified technician stating that the
technician took the sample and the facts referred to in clauses (i)(B)
to (D)
is evidence of the facts alleged in the certificate without proof of
the signature or official character of the person appearing to have
signed the certificate; and
(i) a certificate of an analyst stating that the analyst has made an
analysis of a sample of the blood of the accused that was contained in
a sealed approved container identified in the certificate, the date on
which and place where the sample was analyzed and the result of that
analysis is evidence of the facts alleged in the certificate without
proof of the signature or official character of the person appearing
to have signed it.
258(2) No obligation to give sample except as required under section
254
(2) No person is required to give a sample of urine or other bodily substance for analysis for the purposes of this section except breath
or blood as required under section 254, and evidence that a person
failed or refused to give such a sample or that such a sample was not
taken is not admissible nor shall such a failure or refusal or the
fact that a sample was not taken be the subject of comment by any
person in the proceedings.
258(3) Evidence of failure to comply with demand
(3) In any proceedings under subsection 255(1) in respect of an
offence committed under paragraph 253(a) or in any proceedings under
subsection 255(2) or (3), evidence that the accused, without
reasonable excuse, failed or refused to comply with a demand made to
him by a peace officer under section 254 is admissible and the court
may draw an inference therefrom adverse to the accused.
258(4) Release of specimen for testing
(4) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused
made within three months from the day on which samples of the blood of
the accused were taken, order the release of one of the samples for
the purpose of an examination or analysis thereof, subject to such
terms as appear to be necessary or desirable to ensure the safeguarding of the sample and its preservation for use in any
proceedings in respect of which it was retained.
258(5) Testing blood for presence of drugs
(5) Where a sample of blood of an accused has been taken pursuant to a demand made under subsection 254(3) or otherwise with the consent of
the accused or pursuant to a warrant issued under section 256, the
sample may be tested for the presence of drugs in the blood of the
accused.
258(6) Attendance and right to cross-examine
(6) A party against whom a certificate described in paragraph (1)(e),
(f), (g), (h) or (i) is produced may, with leave of the court, require
the attendance of the qualified medical practitioner, analyst or
qualified technician, as the case may be, for the purposes of
cross-examination.
258(7) Notice of intention to produce certificate
(7) No certificate shall be received in evidence pursuant to paragraph
(1)(e), (f), (g), (h) or (i) unless the party intending to produce it
has, before the trial, given to the other party reasonable notice of
his intention and a copy of the certificate.
R.S., 1985, c. C-46, s. 258; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
32 (4th Supp.), s. 61; 1992, c. 1, s. 60(F); 1994, c. 44, s. 14(E).
259(1) Mandatory order of prohibition
259. (1) Where an offender is convicted of an offence committed under section 253 or 254 or discharged under section 736 of an offence
committed under section 253 and, at the time the offence was committed
or, in the case of an offence committed under section 254, within the
two hours preceding that time, was operating or had the care or
control of a motor vehicle, vessel or aircraft or of railway equipment
or was assisting in the operation of an aircraft or of railway
equipment, the court that sentences the offender shall, in addition to
any other punishment that may be imposed for that offence, make an
order prohibiting the offender from operating a motor vehicle on any
street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of not more than three years and not less than three months;
(b) for a second offence, during a period of not more than three years and not less than six months; and
(c) for each subsequent offence, during a period of not more than three years and not less than one year.
259(2) Discretionary order of prohibition
(2) Where an offender is convicted or discharged under section 736 of an offence under section 220, 221, 236, 249, 250, 251 or 252,
subsection 255(2) or (3) or this section committed by means of a motor
vehicle, vessel or aircraft or of railway equipment, the court that
sentences the offender may, in addition to any other punishment that
may be imposed for that offence, make an order prohibiting the
offender from operating a motor vehicle on any street, road, highway
or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be,
(a) during any period that the court considers proper, if the offender
is liable to imprisonment for life in respect of that offence;
(b) during any period not exceeding ten years, if the offender is
liable to imprisonment for more than five years but less than life in
respect of that offence; and
(c) during any period not exceeding three years, in any other case.
259(3) Saving
(3) No order made under subsection (1) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is
required to carry officers holding certificates as master, mate or engineer.
259(4) Operation while disqualified
(4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
259(5) Definition of "disqualification"
(5) For the purposes of this section, "disqualification" means
(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to subsection (1) or (2); or
(b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed
(i) in the case of a motor vehicle, under the law of a province, or
(ii) in the case of a vessel or an aircraft, under an Act of
Parliament,
in respect of a conviction or discharge under section 736 of any
offence referred to in subsection (1) or (2).
R.S., 1985, c. C-46, s. 259; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
1 (4th Supp.), s. 18(F); c. 32 (4th Supp.), s. 62.
260(1) Proceedings on making of prohibition order
260. (1) Where a court makes a prohibition order under subsection
259(1) or (2) in relation to an offender, it shall cause
(a) the order to be read by or to the offender;
(b) a copy of the order to be given to the offender; and
(c) the offender to be informed of subsection 259(4).
260(2) Endorsement by offender
(2) After subsection (1) has been complied with in relation to an
offender who is bound by an order referred to in that subsection, the
offender shall endorse the order, acknowledging receipt of a copy
thereof and that the order has been explained to him.
260(3) Validity of order not affected
(3) The failure of an offender to endorse an order pursuant to
subsection (2) does not affect the validity of the order.
260(4) Onus
(4) In the absence of evidence to the contrary, where it is proved
that a disqualification referred to in paragraph 259(5)(b) has been
imposed on a person and that notice of the disqualification has been
mailed by registered or certified mail to that person, that person
shall, after five days following the mailing of the notice, be deemed
to have received the notice and to have knowledge of the
disqualification, of the date of its commencement and of its duration.
260(5) Certificate admissible in evidence
(5) In proceedings under section 259, a certificate setting out with
reasonable particularity that a person is disqualified from
(a) driving a motor vehicle in a province, purporting to be signed by
the registrar of motor vehicles for that province, or
(b) operating a vessel or aircraft, purporting to be signed by the
Minister of Transport or any person authorized by the Minister of
Transport for that purpose
is evidence of the facts alleged therein without proof of the
signature or official character of the person by whom it purports to
be signed.
260(6) Notice to accused
(6) Subsection (5) does not apply in any proceedings unless at least
seven days notice in writing is given to the accused that it is
intended to tender the certificate in evidence.
260(7) Definition of "registrar of motor vehicles"
(7) In subsection (5), "registrar of motor vehicles" includes the
deputy of that registrar and any other person or body, by whatever
name or title designated, that from time to time performs the duties
of superintending the registration of motor vehicles in the province.
R.S., 1985, c. C-46, s. 260; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
1 (4th Supp.), s. 18(F).
261 Stay of order pending appeal
261. Where an appeal is taken against a conviction or discharge under section 736 for an offence committed under any of sections 220, 221,
236, 249 to 255 and 259, a judge of the court being appealed to may
direct that any order under subsection 259(1) or (2) arising out of
the conviction or discharge shall be stayed pending the final
disposition of the appeal or until otherwise ordered by that court.
R.S., 1985, c. C-46, s. 261; R.S., 1985, c. 27 (1st Supp.), s. 36, c.
1 (4th Supp.), s. 18(F); 1994, c. 44, s. 15.
262 Impeding attempt to save life
262. Every one who
(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
(b) without reasonable cause prevents or impedes or attempts to
prevent or impede any person who is attempting to save the life of
another person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years.
R.S., c. C-34, s. 241.
263(1) Duty to safeguard opening in ice
263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to
guard it in a manner that is adequate to prevent persons from falling
in by accident and is adequate to warn them that the opening exists.
263(2) Excavation on land
(2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it
in a manner that is adequate to prevent persons from falling in by
accident and is adequate to warn them that the excavation exists.
263(3) Offences
(3) Every one who fails to perform a duty imposed by subsection (1) or
(2) is guilty of
(a) manslaughter, if the death of any person results therefrom;
(b) an offence under section 269, if bodily harm to any person results therefrom; or
(c) an offence punishable on summary conviction.
R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18.
264(1) Criminal harassment
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other
person is harassed, engage in conduct referred to in subsection (2)
that causes that other person reasonably, in all the circumstances, to
fear for their safety or the safety of anyone known to them.
264(2) Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or
anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business
or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
264(3) Punishment
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 264; R.S., 1985, c. 27 (1st Supp.), s. 37;
1993, c. 45, s. 2.
Assaults
264.1(1) Uttering threats
264.1 (1) Every one commits an offence who, in any manner, knowingly
utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property
of any person.
264.1(2) Punishment
(2) Every one who commits an offence under paragraph (1)(a) is guilty
of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction and liable to
imprisonment for a term not exceeding eighteen months.
264.1(3) Idem
(3) Every one who commits an offence under paragraph (1)(b) or (c)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16.
265(1) Assault
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force
intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe
on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
265(2) Application
(2) This section applies to all forms of assault, including sexual
assault, sexual assault with a weapon, threats to a third party or
causing bodily harm and aggravated sexual assault.
265(3) Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.
265(4) Accused's belief as to consent
(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a
judge, if satisfied that there is sufficient evidence and that, if
believed by the jury, the evidence would constitute a defence, shall
instruct the jury, when reviewing all the evidence relating to the
determination of the honesty of the accused's belief, to consider the
presence or absence of reasonable grounds for that belief.
R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c.
125, s. 19.
266 Assault
266. Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22;
1980-81-82-83, c. 125, s. 19.
267 Assault with a weapon or causing bodily harm
267. Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation
thereof, or
(b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding ten years or an offence punishable on summary
conviction and liable to imprisonment for a term not exceeding
eighteen months.
R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17.
268(1) Aggravated assault
268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
268(2) Punishment
(2) Every one who commits an aggravated assault is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
fourteen years.
1980-81-82-83, c. 125, s. 19.
269 Unlawfully causing bodily harm
269. Every one who unlawfully causes bodily harm to any person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to
imprisonment for a term not exceeding eighteen months.
R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18.
269.1(1) Torture
269.1 (1) Every official, or every person acting at the instigation of
or with the consent or acquiescence of an official, who inflicts
torture on any other person is guilty of an indictable offence and
liable to imprisonment for a term not exceeding fourteen years.
269.1(2) Definitions
(2) For the purposes of this section,
269.1(2) "official"
"official" means
(a) a peace officer,
(b) a public officer,
(c) a member of the Canadian Forces, or
(d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
whether the person exercises powers in Canada or outside Canada;
269.1(2) "torture"
"torture" means any act or omission by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person
(a) for a purpose including
(i) obtaining from the person or from a third person information or a statement,
(ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and
(iii) intimidating or coercing the person or a third person, or
(b) for any reason based on discrimination of any kind,
but does not include any act or omission arising only from, inherent
in or incidental to lawful sanctions.
269.1(3) No defence
(3) It is no defence to a charge under this section that the accused
was ordered by a superior or a public authority to perform the act or
omission that forms the subject-matter of the charge or that the act
or omission is alleged to have been justified by exceptional
circumstances, including a state of war, a threat of war, internal
political instability or any other public emergency.
269.1(4) Evidence
(4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under
this section is inadmissible in evidence, except as evidence that the
statement was so obtained.
R.S., 1985, c. 10 (3rd Supp.), s. 2.
270(1) Assaulting a peace officer
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the
execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful
arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process,
distress or seizure.
270(2) Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 246; 1972, c. 13, s. 22; 1980-81-82-83, c. 125, s.
19.
271(1) Sexual assault
271. (1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not
exceeding ten years; or
(b) an offence punishable on summary conviction and liable to
imprisonment for a term not exceeding eighteen months.
(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]
R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10;
1994, c. 44, s. 19.
272 Sexual assault with a weapon, threats to a third party or causing
bodily harm
272. Every one who, in committing a sexual assault,
(a) carries, uses or threatens to use a weapon or an imitation
thereof,
(b) threatens to cause bodily harm to a person other than the
complainant,
(c) causes bodily harm to the complainant, or
(d) is a party to the offence with any other person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
1980-81-82-83, c. 125, s. 19.
273(1) Aggravated sexual assault
273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers
the life of the complainant.
273(2) Punishment
(2) Every one who commits an aggravated sexual assault is guilty of an
indictable offence and liable to imprisonment for life.
1980-81-82-83, c. 125, s. 19.
273.1(1) Meaning of "consent"
273.1 (1) Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary
agreement of the complainant to engage in the sexual activity in question.
273.1(2) Where no consent obtained
(2) No consent is obtained, for the purposes of sections 271, 272 and
273, where
(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of
agreement to engage in the activity; or
(e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to
engage in the activity.
273.1(3) Subsection (2) not limiting
(3) Nothing in subsection (2) shall be construed as limiting the
circumstances in which no consent is obtained.
1992, c. 38, s. 1.
273.2 Where belief in consent not a defence
273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where
(a) the accused's belief arose from the accused's
(i) self-induced intoxication, or
(ii) recklessness or wilful blindness; or
(b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant
was consenting.
1992, c. 38, s. 1.
273.3(1) Removal of child from Canada
273.3 (1) No person shall do anything for the purpose of removing from
Canada a person who is ordinarily resident in Canada and who is
(a) under the age of fourteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be
an offence against section 151 or 152 or subsection 160(3) or 173(2)
in respect of that person;
(b) over the age of fourteen years but under the age of eighteen
years, with the intention that an act be committed outside Canada that
if it were committed in Canada would be an offence against section 153
in respect of that person; or
(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be
an offence against section 155 or 159, subsection 160(2) or section
170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.
273.3(2) Punishment
(2) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
1993, c. 45, s. 3.
274 Corroboration not required
274. Where an accused is charged with an offence under section 151,
152, 153, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no
corroboration is required for a conviction and the judge shall not
instruct the jury that it is unsafe to find the accused guilty in the
absence of corroboration.
R.S., 1985, c. C-46, s. 274; R.S., 1985, c. 19 (3rd Supp.), s. 11.
275 Rules respecting recent complaint abrogated
275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 155
and 159, subsections 160(2) and (3), and sections 170, 171, 172, 173,
271, 272 and 273.
R.S., 1985, c. C-46, s. 275; R.S., 1985, c. 19 (3rd Supp.), s. 11.
276(1) Evidence of complainant's sexual activity
276. (1) In proceedings in respect of an offence under section 151,
152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171,
172, 173, 271, 272 or 273, evidence that the complainant has engaged
in sexual activity, whether with the accused or with any other person,
is not admissible to support an inference that, by reason of the
sexual nature of that activity, the complainant
(a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or
(b) is less worthy of belief.
276(2) Idem
(2) In proceedings in respect of an offence referred to in subsection
(1), no evidence shall be adduced by or on behalf of the accused that
the complainant has engaged in sexual activity other than the sexual
activity that forms the subject-matter of the charge, whether with the
accused or with any other person, unless the judge, provincial court
judge or justice determines, in accordance with the procedures set out
in sections 276.1 and 276.2, that the evidence
(a) is of specific instances of sexual activity;
(b) is relevant to an issue at trial; and
(c) has significant probative value that is not substantially
outweighed by the danger of prejudice to the proper administration of
justice.
276(3) Factors that judge must consider
(3) In determining whether evidence is admissible under subsection
(2), the judge, provincial court judge or justice shall take into
account
(a) the interests of justice, including the right of the accused to
make a full answer and defence;
(b) society's interest in encouraging the reporting of sexual assault
offences;
(c) whether there is a reasonable prospect that the evidence will
assist in arriving at a just determination in the case;
(d) the need to remove from the fact-finding process any
discriminatory belief or bias;
(e) the risk that the evidence may unduly arouse sentiments of
prejudice, sympathy or hostility in the jury;
(f) the potential prejudice to the complainant's personal dignity and
right of privacy;
(g) the right of the complainant and of every individual to personal
security and to the full protection and benefit of the law; and
(h) any other factor that the judge, provincial court judge or justice
considers relevant.
R.S., 1985, c. C-46, s. 276; R.S., 1985, c. 19 (3rd Supp.), s. 12;
1992, c. 38, s. 2.
276.1(1) Application for hearing
276.1 (1) Application may be made to the judge, provincial court judge
or justice by or on behalf of the accused for a hearing under section
276.2 to determine whether evidence is admissible under subsection
276(2).
276.1(2) Form and content of application
(2) An application referred to in subsection (1) must be made in
writing and set out
(a) detailed particulars of the evidence that the accused seeks to
adduce, and
(b) the relevance of that evidence to an issue at trial,
and a copy of the application must be given to the prosecutor and to
the clerk of the court.
276.1(3) Jury and public excluded
(3) The judge, provincial court judge or justice shall consider the
application with the jury and the public excluded.
276.1(4) Judge may decide to hold hearing
(4) Where the judge, provincial court judge or justice is satisfied
(a) that the application was made in accordance with subsection (2),
(b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter
interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and
(c) that the evidence sought to be adduced is capable of being
admissible under subsection 276(2),
the judge, provincial court judge or justice shall grant the
application and hold a hearing under section 276.2 to determine
whether the evidence is admissible under subsection 276(2).
1992, c. 38, s. 2.
276.2(1) Jury and public excluded
276.2 (1) At a hearing to determine whether evidence is admissible
under subsection 276(2), the jury and the public shall be excluded.
276.2(2) Complainant not compellable
(2) The complainant is not a compellable witness at the hearing.
276.2(3) Judge's determination and reasons
(3) At the conclusion of the hearing, the judge, provincial court
judge or justice shall determine whether the evidence, or any part
thereof, is admissible under subsection 276(2) and shall provide
reasons for that determination, and
(a) where not all of the evidence is to be admitted, the reasons must
state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection
276(3) that affected the determination; and
(c) where all or any part of the evidence is to be admitted, the
reasons must state the manner in which that evidence is expected to be
relevant to an issue at trial.
276.2(4) Record of reasons
(4) The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not recorded,
shall be provided in writing.
1992, c. 38, s. 2.
276.3(1) Publication prohibited
276.3 (1) No person shall publish in a newspaper, as defined in
section 297, or in a broadcast, any of the following:
(a) the contents of an application made under section 276.1;
(b) any evidence taken, the information given and the representations made at an application under section 276.1 or at a hearing under section 276.2;
(c) the decision of a judge, provincial court judge or justice under subsection 276.1(4), unless the judge, provincial court judge or
justice, after taking into account the complainant's right of privacy
and the interests of justice, orders that the decision may be published; and
(d) the determination made and the reasons provided under section
276.2, unless
(i) that determination is that evidence is admissible, or
(ii) the judge, provincial court judge or justice, after taking into
account the complainant's right of privacy and the interests of
justice, orders that the determination and reasons may be published.
276.3(2) Offence
(2) Every person who contravenes subsection (1) is guilty of an
offence punishable on summary conviction.
1992, c. 38, s. 2.
276.4 Judge to instruct jury re use of evidence
276.4 Where evidence is admitted at trial pursuant to a determination made under section 276.2, the judge shall instruct the jury as to the
uses that the jury may and may not make of that evidence.
1992, c. 38, s. 2.
276.5 Appeal
276.5 For the purposes of sections 675 and 676, a determination made
under section 276.2 shall be deemed to be a question of law.
1992, c. 38, s. 2.
277 Reputation evidence
277. In proceedings in respect of an offence under section 151, 152,
153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172,
173, 271, 272 or 273, evidence of sexual reputation, whether general
or specific, is not admissible for the purpose of challenging or
supporting the credibility of the complainant.
R.S., 1985, c. C-46, s. 277; R.S., 1985, c. 19 (3rd Supp.), s. 13.
278 Spouse may be charged
278. A husband or wife may be charged with an offence under section
271, 272 or 273 in respect of his or her spouse, whether or not the
spouses were living together at the time the activity that forms the
subject-matter of the charge occurred.
1980-81-82-83, c. 125, s. 19.
Kidnapping, Hostage Taking and Abduction
279(1) Kidnapping
279. (1) Every one who kidnaps a person with intent
(a) to cause him to be confined or imprisoned against his will,
(b) to cause him to be unlawfully sent or transported out of Canada against his will, or
(c) to hold him for ransom or to service against his will,
is guilty of an indictable offence and liable to imprisonment for
life.
279(2) Forcible confinement
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of an indictable offence and
liable to imprisonment for a term not exceeding ten years.
279(3) Non-resistance
(3) In proceedings under this section, the fact that the person in
relation to whom the offence is alleged to have been committed did not
resist is not a defence unless the accused proves that the failure to
resist was not caused by threats, duress, force or exhibition of
force.
R.S., 1985, c. C-46, s. 279; R.S., 1985, c. 27 (1st Supp.), s. 39.
279.1(1) Hostage taking
279.1 (1) Every one takes a person hostage who
(a) confines, imprisons, forcibly seizes or detains that person, and
(b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be
caused or that the confinement, imprisonment or detention of the
hostage will be continued
with intent to induce any person, other than the hostage, or any group
of persons or any state or international or intergovernmental
organization to commit or cause to be committed any act or omission as
a condition, whether express or implied, of the release of the
hostage.
279.1(2) Punishment
(2) Every one who takes a person hostage is guilty of an indictable
offence and liable to a maximum term of imprisonment for life.
279.1(3) Non-resistance
(3) Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279.
R.S., 1985, c. 27 (1st Supp.), s. 40.
280(1) Abduction of person under sixteen
280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the
possession of and against the will of the parent or guardian of that
person or of any other person who has the lawful care or charge of
that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
280(2) Definition of "guardian"
(2) In this section and sections 281 to 283, "guardian" includes any
person who has in law or in fact the custody or control of another
person.
R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.
281 Abduction of person under fourteen
281. Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years,
unlawfully takes, entices away, conceals, detains, receives or
harbours that person with intent to deprive a parent or guardian, or
any other person who has the lawful care or charge of that person, of
the possession of that person is guilty of an indictable offence and
liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 250; 1980-81-82-83, c. 125, s. 20.
282(1) Abduction in contravention of custody order
282. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years,
takes, entices away, conceals, detains, receives or harbours that
person, in contravention of the custody provisions of a custody order
in relation to that person made by a court anywhere in Canada, with
intent to deprive a parent or guardian, or any other person who has
the lawful care or charge of that person, of the possession of that
person is guilty of
(a) an indictable offence and is liable to imprisonment for a term not
exceeding ten years; or
(b) an offence punishable on summary conviction.
282(2) Where no belief in validity of custody order
(2) Where a count charges an offence under subsection (1) and the
offence is not proven only because the accused did not believe that
there was a valid custody order but the evidence does prove an offence
under section 283, the accused may be convicted of an offence under
section 283.
R.S., 1985, c. C-46, s. 282; 1993, c. 45, s. 4.
283(1) Abduction
283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years,
takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that
person made by a court anywhere in Canada, with intent to deprive a
parent or guardian, or any other person who has the lawful care or
charge of that person, of the possession of that person, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
283(2) Consent required
(2) No proceedings may be commenced under subsection (1) without the
consent of the Attorney General or counsel instructed by him for that
purpose.
R.S., 1985, c. C-46, s. 283; 1993, c. 45, s. 5.
284 Defence
284. No one shall be found guilty of an offence under sections 281 to
283 if he establishes that the taking, enticing away, concealing,
detaining, receiving or harbouring of any young person was done with
the consent of the parent, guardian or other person having the lawful
possession, care or charge of that young person.
1980-81-82-83, c. 125, s. 20.
285 Defence
285. No one shall be found guilty of an offence under sections 280 to
283 if the court is satisfied that the taking, enticing away,
concealing, detaining, receiving or harbouring of any young person was
necessary to protect the young person from danger of imminent harm or
if the person charged with the offence was escaping from danger of
imminent harm.
R.S., 1985, c. C-46, s. 285; 1993, c. 45, s. 6.
286 No defence
286. In proceedings in respect of an offence under sections 280 to
283, it is not a defence to any charge that a young person consented
to or suggested any conduct of the accused.
1980-81-82-83, c. 125, s. 20.
Abortion
287(1) Procuring miscarriage
287. (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the
purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.
287(2) Woman procuring her own miscarriage
(2) Every female person who, being pregnant, with intent to procure
her own miscarriage, uses any means or permits any means to be used
for the purpose of carrying out her intention is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
two years.
287(3) Definition of "means"
(3) In this section, "means" includes
(a) the administration of a drug or other noxious thing;
(b) the use of an instrument; and
(c) manipulation of any kind.
287(4) Exceptions
(4) Subsections (1) and (2) do not apply to
(a) a qualified medical practitioner, other than a member of a
therapeutic abortion committee for any hospital, who in good faith
uses in an accredited or approved hospital any means for the purpose
of carrying out his intention to procure the miscarriage of a female
person, or
(b) a female person who, being pregnant, permits a qualified medical
practitioner to use in an accredited or approved hospital any means
for the purpose of carrying out her intention to procure her own
miscarriage,
if, before the use of those means, the therapeutic abortion committee
for that accredited or approved hospital, by a majority of the members
of the committee and at a meeting of the committee at which the case
of the female person has been reviewed,
(c) has by certificate in writing stated that in its opinion the
continuation of the pregnancy of the female person would or would be
likely to endanger her life or health, and
(d) has caused a copy of that certificate to be given to the qualified
medical practitioner.
287(5) Information requirement
(5) The Minister of Health of a province may by order
(a) require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any
certificate described in paragraph (4)(c) issued by that committee,
together with such other information relating to the circumstances
surrounding the issue of that certificate as he may require; or
(b) require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described
in paragraph (4)(c), to furnish him with a copy of that certificate,
together with such other information relating to the procuring of the
miscarriage as he may require.
287(6) Definitions
(6) For the purposes of subsections (4) and (5) and this subsection,
287(6) "accredited hospital"
"accredited hospital" means a hospital accredited by the Canadian
Council on Hospital Accreditation in which diagnostic services and
medical, surgical and obstetrical treatment are provided;
287(6) "approved hospital"
"approved hospital" means a hospital in a province approved for the
purposes of this section by the Minister of Health of that province;
287(6) "board"
"board" means the board of governors, management or directors, or the
trustees, commission or other person or group of persons having the
control and management of an accredited or approved hospital;
287(6) "Minister of Health"
"Minister of Health" means
(a) in the Provinces of Ontario, Quebec, New Brunswick, Prince Edward
Island, Manitoba and Newfoundland, the Minister of Health,
(b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of
Public Health, and
(c) in the Province of British Columbia, the Minister of Health
Services and Hospital Insurance,
(d) in the Province of Alberta, the Minister of Hospitals and Medical
Care,
(e) in the Yukon Territory and the Northwest Territories, the Minister
of National Health and Welfare;
287(6) "qualified medical practitioner"
"qualified medical practitioner" means a person entitled to engage in
the practice of medicine under the laws of the province in which the
hospital referred to in subsection (4) is situated;
287(6) "therapeutic abortion committee"
th‚rapeutique¯
"therapeutic abortion committee" for any hospital means a committee,
comprised of not less than three members each of whom is a qualified
medical practitioner, appointed by the board of that hospital for the
purpose of considering and determining questions relating to
terminations of pregnancy within that hospital.
287(7) Requirement of consent not affected
(7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be
required, otherwise than under this Act, before any means are used for
the purpose of carrying out an intention to procure the miscarriage of
a female person.
R.S., c. C-34, s. 251; 1974-75-76, c. 93, s. 22.1.
288 Supplying noxious things
288. Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended
to be used or employed to procure the miscarriage of a female person,
whether or not she is pregnant, is guilty of an indictable offence and
liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 252.
Venereal Diseases
289. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]
Offences Against Conjugal Rights
290(1) Bigamy
290. (1) Every one commits bigamy who
(a) in Canada,
(i) being married, goes through a form of marriage with another
person,
(ii) knowing that another person is married, goes through a form of
marriage with that person, or
(iii) on the same day or simultaneously, goes through a form of
marriage with more than one person; or
(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and,
pursuant thereto, does outside Canada anything mentioned in those
subparagraphs in circumstances mentioned therein.
290(2) Matters of defence
(2) No person commits bigamy by going through a form of marriage if
(a) that person in good faith and on reasonable grounds believes that his spouse is dead;
(b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through
the form of marriage, unless he knew that his spouse was alive at any
time during those seven years;
(c) that person has been divorced from the bond of the first marriage; or
(d) the former marriage has been declared void by a court of competent jurisdiction.
290(3) Incompetency no defence
(3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to
contract marriage under the law of the place where the offence is
alleged to have been committed.
290(4) Validity presumed
(4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it
was invalid.
290(5) Act or omission by accused
(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise
valid.
R.S., c. C-34, s. 254.
291(1) Punishment
291. (1) Every one who commits bigamy is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five
years.
291(2) Certificate of marriage
(2) For the purposes of this section, a certificate of marriage issued
under the authority of law is evidence of the marriage or form of
marriage to which it relates without proof of the signature or
official character of the person by whom it purports to be signed.
R.S., c. C-34, s. 255.
292(1) Procuring feigned marriage
292. (1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
five years.
292(2) Corroboration
(2) No person shall be convicted of an offence under this section on
the evidence of only one witness unless the evidence of that witness
is corroborated in a material particular by evidence that implicates
the accused.
R.S., c. C-34, s. 256; 1980-81-82-83, c. 125, s. 21.
293(1) Polygamy
293. (1) Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time,
whether or not it is by law recognized as a binding form of marriage,
or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
293(2) Evidence in case of polygamy
(2) Where an accused is charged with an offence under this section, no
averment or proof of the method by which the alleged relationship was
entered into, agreed to or consented to is necessary in the indictment
or on the trial of the accused, nor is it necessary on the trial to
prove that the persons who are alleged to have entered into the
relationship had or intended to have sexual intercourse.
R.S., c. C-34, s. 257.
Unlawful Solemnization of Marriage
294 Pretending to solemnize marriage
294. Every one who
(a) solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies on him, or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
R.S., c. C-34, s. 258.
295 Marriage contrary to law
295. Every one who, being lawfully authorized to solemnize marriage, knowingly and wilfully solemnizes a marriage in contravention of the
laws of the province in which the marriage is solemnized is guilty of
an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 259.
Blasphemous Libel
296(1) Offence
296. (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding
two years.
296(2) Question of fact
(2) It is a question of fact whether or not any matter that is
published is a blasphemous libel.
296(3) Saving
(3) No person shall be convicted of an offence under this section for
expressing in good faith and in decent language, or attempting to
establish by argument used in good faith and conveyed in decent
language, an opinion on a religious subject.
R.S., c. C-34, s. 260.
Defamatory Libel
297 Definition of "newspaper"
297. In sections 303, 304 and 308, "newspaper" means any paper, magazine or periodical containing public news, intelligence or reports
of events, or any remarks or observations thereon, printed for sale
and published periodically or in parts or numbers, at intervals not
exceeding thirty-one days between the publication of any two such
papers, parts or numbers, and any paper, magazine or periodical
printed in order to be dispersed and made public, weekly or more
often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.
R.S., c. C-34, s. 261.
298(1) Definition
298. (1) A defamatory libel is matter published, without lawful
justification or excuse, that is likely to injure the reputation of
any person by exposing him to hatred, contempt or ridicule, or that is
designed to insult the person of or concerning whom it is published.
298(2) Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or
irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by
words.
R.S., c. C-34, s. 262.
299 Publishing
299. A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or
by any other person.
R.S., c. C-34, s. 263.
300 Punishment of libel known to be false
300. Every one who publishes a defamatory libel that he knows is false
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding five years.
R.S., c. C-34, s. 264.
301 Punishment for defamatory libel
301. Every one who publishes a defamatory libel is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
two years.
R.S., c. C-34, s. 265.
302(1) Extortion by libel
302. (1) Every one commits an offence who, with intent
(a) to extort money from any person, or
(b) to induce a person to confer on or procure for another person an
appointment or office of profit or trust,
publishes or threatens to publish or offers to abstain from publishing
or to prevent the publication of a defamatory libel.
302(2) Idem
(2) Every one commits an offence who, as the result of the refusal of
any person to permit money to be extorted or to confer or procure an
appointment or office of profit or trust, publishes or threatens to
publish a defamatory libel.
302(3) Punishment
(3) Every one who commits an offence under this section is guilty of
an indictable offence and liable to imprisonment for a term not
exceeding five years.
R.S., c. C-34, s. 266.
303(1) Proprietor of newspaper presumed responsible
303. (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he
proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.
303(2) General authority to manager when negligence
(2) Where the proprietor of a newspaper gives to a person general
authority to manage or conduct the newspaper as editor or otherwise,
the insertion by that person of defamatory matter in the newspaper
shall, for the purposes of subsection (1), be deemed not to be
negligence on the part of the proprietor unless it is proved that
(a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or
(b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.
303(3) Selling newspapers
(3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a
defamatory libel, unless he knows that the number or part contains
defamatory matter or that defamatory matter is habitually contained in
the newspaper.
R.S., c. C-34, s. 267.
304(1) Selling book containing defamatory libel
304. (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing,
other than a newspaper that contains defamatory matter, if, at the
time of the sale, he does not know that it contains the defamatory
matter.
304(2) Sale by servant
(2) Where a servant, in the course of his employment, sells a book,
magazine, pamphlet or other thing, other than a newspaper, the
employer shall be deemed not to publish any defamatory matter
contained therein unless it is proved that the employer authorized the
sale knowing that
(a) defamatory matter was contained therein; or
(b) defamatory matter was habitually contained therein, in the case of a periodical.
R.S., c. C-34, s. 268.
305 Publishing proceedings of courts of justice
305. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
(a) in a proceeding held before or under the authority of a court
exercising judicial authority; or
(b) in an inquiry made under the authority of an Act or by order of Her Majesty, or under the authority of a public department or a department of the government of a province.
R.S., c. C-34, s. 269.
306 Parliamentary papers
306. No person shall be deemed to publish a defamatory libel by reason only that he
(a) publishes to the Senate or House of Commons or to the legislature of a province defamatory matter contained in a petition to the Senate
or House of Commons or to the legislature of a province, as the case
may be;
(b) publishes by order or under the authority of the Senate or House of Commons or of the legislature of a province a paper containing
defamatory matter; or
(c) publishes, in good faith and without ill-will to the person
defamed, an extract from or abstract of a petition or paper mentioned
in paragraph (a) or (b).
R.S., c. C-34, s. 270.
307(1) Fair reports of parliamentary or judicial proceedings
307. (1) No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, for the information of
the public, a fair report of the proceedings of the Senate or House of
Commons or the legislature of a province, or a committee thereof, or
of the public proceedings before a court exercising judicial
authority, or publishes, in good faith, any fair comment on any such
proceedings.
307(2) Divorce proceedings an exception
(2) This section does not apply to a person who publishes a report of
evidence taken or offered in any proceeding before the Senate or House
of Commons or any committee thereof, on a petition or bill relating to
any matter of marriage or divorce, if the report is published without
authority from or leave of the House in which the proceeding is held
or is contrary to any rule, order or practice of that House.
R.S., c. C-34, s. 271.
308 Fair report of public meeting
308. No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of
the proceedings of any public meeting if
(a) the meeting is lawfully convened for a lawful purpose and is open
to the public;
(b) the report is fair and accurate;
(c) the publication of the matter complained of is for the public
benefit; and
(d) he does not refuse to publish in a conspicuous place in the
newspaper a reasonable explanation or contradiction by the person
defamed in respect of the defamatory matter.
R.S., c. C-34, s. 272.
309 Public benefit
309. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds,
he believes is true, and that is relevant to any subject of public
interest, the public discussion of which is for the public benefit.
R.S., c. C-34, s. 273.
310 Fair comment on public person or work of art
310. No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments
(a) on the public conduct of a person who takes part in public
affairs; or
(b) on a published book or other literary production, or on any
composition or work of art or performance publicly exhibited, or on
any other communication made to the public on any subject, if the
comments are confined to criticism thereof.
R.S., c. C-34, s. 274.
311 When truth a defence
311. No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in
which it was published was for the public benefit at the time when it
was published and that the matter itself was true.
R.S., c. C-34, s. 275.
312 Publication invited or necessary
312. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
(a) on the invitation or challenge of the person in respect of whom it is published, or
(b) that it is necessary to publish in order to refute defamatory
matter published in respect of him by another person,
if he believes that the defamatory matter is true and it is relevant
to the invitation, challenge or necessary refutation, as the case may
be, and does not in any respect exceed what is reasonably sufficient
in the circumstances.
R.S., c. C-34, s. 276.
313 Answer to inquiries
313. No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory
matter relating to a subject-matter in respect of which the person by
whom or on whose behalf the inquiries are made has an interest in
knowing the truth or who, on reasonable grounds, the person who
publishes the defamatory matter believes has such an interest, if
(a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;
(b) the person who publishes the defamatory matter believes that it is true;
(c) the defamatory matter is relevant to the inquiries; and
(d) the defamatory matter does not in any respect exceed what is
reasonably sufficient in the circumstances.
R.S., c. C-34, s. 277.
314 Giving information to person interested
314. No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the
purpose of giving information to that person with respect to a
subject-matter in which the person to whom the information is given
has, or is believed on reasonable grounds by the person who gives it
to have, an interest in knowing the truth with respect to that subject-matter if
(a) the conduct of the person who gives the information is reasonable in the circumstances;
(b) the defamatory matter is relevant to the subject-matter; and
(c) the defamatory matter is true, or if it is not true, is made
without ill-will toward the person who is defamed and is made in the
belief, on reasonable grounds, that it is true.
R.S., c. C-34, s. 278.
315 Publication in good faith for redress of wrong
315. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose
of seeking remedy or redress for a private or public wrong or
grievance from a person who has, or who on reasonable grounds he
believes has, the right or is under an obligation to remedy or redress
the wrong or grievance, if
(a) he believes that the defamatory matter is true;
(b) the defamatory matter is relevant to the remedy or redress that is
sought; and
(c) the defamatory matter does not in any respect exceed what is
reasonably sufficient in the circumstances.
R.S., c. C-34, s. 279.
316(1) Proving publication by order of legislature
316. (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove
that the matter that is alleged to be defamatory was contained in a
paper published by order or under the authority of the Senate or House
of Commons or the legislature of a province.
316(2) Directing verdict
(2) Where at any stage in proceedings referred to in subsection (1)
the court, judge, justice or magistrate is satisfied that the matter
alleged to be defamatory was contained in a paper published by order
or under the authority of the Senate or House of Commons or the
legislature of a province, he shall direct a verdict of not guilty to
be entered and shall discharge the accused.
316(3) Certificate of order
(3) For the purposes of this section, a certificate under the hand of
the Speaker or clerk of the Senate or House of Commons or the
legislature of a province to the effect that the matter that is
alleged to be defamatory was contained in a paper published by order
or under the authority of the Senate, House of Commons or the
legislature of a province, as the case may be, is conclusive evidence
thereof.
R.S., c. C-34, s. 280.
Verdicts
317 Verdicts in cases of defamatory libel
317. Where, on the trial of an indictment for publishing a defamatory
libel, a plea of not guilty is pleaded, the jury that is sworn to try
the issue may give a general verdict of guilty or not guilty on the
whole matter put in issue on the indictment, and shall not be required
or directed by the judge to find the defendant guilty merely on proof
of publication by the defendant of the alleged defamatory libel, and
of the sense ascribed thereto in the indictment, but the judge may, in
his discretion, give a direction or opinion to the jury on the matter
in issue as in other criminal proceedings, and the jury may, on the
issue, find a special verdict.
R.S., c. C-34, s. 281.
Hate Propaganda
318(1) Advocating genocide
318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding
five years.
318(2) Definition of "genocide"
(2) In this section, "genocide" means any of the following acts
committed with intent to destroy in whole or in part any identifiable
group, namely,
(a) killing members of the group; or
(b) delibe