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Criminal Code
CHAPTER C-46
An
Act respecting the Criminal Law |
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1. This Act
may be cited as the Criminal
Code.
R.S.,
c. C-34, s. 1. |
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2. In this
Act, |
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“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; |
“associated personnel”
« personnel
associé » |
“associated personnel”
means persons who are
(a) assigned by a government or an
intergovernmental organization with the agreement of the competent
organ of the United Nations,
(b) engaged by the
Secretary-General of the United Nations, by a specialized agency of
the United Nations or by the International Atomic Energy Agency,
or
(c) deployed by a humanitarian
non-governmental organization or agency under an agreement with the
Secretary-General of the United Nations, by a specialized agency of
the United Nations or by the International Atomic Energy Agency,
to carry out activities in
support of the fulfilment of the mandate of a United Nations
operation; |
“Attorney General”
« procureur
général » |
“Attorney General”
(
a) subject to paragraphs (
c) to ( g), 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 or her lawful deputy,
(
b) with respect to the Yukon
Territory, the Northwest Territories and Nunavut, or with respect to
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 such an Act, means the
Attorney General of Canada and includes his or her lawful
deputy,
(
c) with respect to
proceedings in relation to a terrorism offence or to an offence
under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an
offence against a member of United Nations personnel or associated
personnel under section 235, 236, 266, 267, 268, 269, 269.1, 271,
272, 273, 279 or 279.1, means either the Attorney General of Canada
or the Attorney General or Solicitor General of the province in
which those proceedings are taken and includes the lawful deputy of
any of them,
(
d) with respect to
proceedings in relation to
(i) an
offence referred to in subsection 7(3.71), or
(ii)
an offence referred to in paragraph ( a) of the definition “terrorist
activity” in subsection 83.01(1), where the act or omission was
committed outside Canada but is deemed by virtue of subsection 7(2),
(2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have
been committed in Canada,
means
either the Attorney General of Canada or the Attorney General or
Solicitor General of the province in which those proceedings are
taken and includes the lawful deputy of any of them,
(
e) with respect to
proceedings in relation to an offence where the act or omission
constituting the offence
(i)
constitutes a terrorist activity referred to in paragraph ( b) of the definition “terrorist
activity” in subsection 83.01(1), and
(ii)
was committed outside Canada but is deemed by virtue of subsection
7(3.74) or (3.75) to have been committed in Canada,
means
either the Attorney General of Canada or the Attorney General or
Solicitor General of the province in which those proceedings are
taken and includes the lawful deputy of any of them,
(
f) with respect to
proceedings under section 83.13, 83.14, 83.28, 83.29 or 83.3, means
either the Attorney General of Canada or the Attorney General or
Solicitor General of the province in which those proceedings are
taken and includes the lawful deputy of any of them, and
(
g) with respect to
proceedings in relation to an offence referred to in sections 380,
382, 382.1 and 400, means either the Attorney General of Canada or
the Attorney General or Solicitor General of the province in which
those proceedings are taken and includes the lawful deputy of any of
them; |
“bank-note”
« billet de
banque » |
“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; |
“bodily harm”
« lésions
corporelles » |
“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; |
“Canadian Forces”
« Forces
canadiennes » |
“Canadian Forces” means
the armed forces of Her Majesty raised by Canada; |
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“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; |
“clerk of the court”
« greffier du
tribunal » |
“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; |
“common-law partner”
« conjoint de
fait » |
“common-law partner”, in
relation to an individual, means a person who is cohabiting with the
individual in a conjugal relationship, having so cohabited for a
period of at least one year; |
“complainant”
« plaignant » |
“complainant” means the
victim of an alleged offence; |
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“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;
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“count”
« chef
d’accusation » |
“count” means a charge in
an information or indictment; |
“court of appeal”
« cour d’appel » |
“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; |
“court of criminal
jurisdiction”
« cour de juridiction
criminelle » |
“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 provincial court judge or
judge acting under Part XIX, and
(c) in the Province of Ontario, the
Ontario Court of Justice; |
“criminal organization”
« organisation
criminelle » |
“criminal organization”
has the same meaning as in subsection 467.1(1); |
“criminal organization
offence”
« infraction d’organisation
criminelle » |
“criminal organization
offence” means
(a) an offence under section
467.11, 467.12 or 467.13, or a serious offence committed for the
benefit of, at the direction of, or in association with, a criminal
organization, or
(b) a conspiracy or an attempt to
commit, being an accessory after the fact in relation to, or any
counselling in relation to, an offence referred to in paragraph
(a); |
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“day”
means the period between six o’clock in the forenoon and nine
o’clock in the afternoon of the same day; |
“document of title to goods”
« titre de
marchandises » |
“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; |
“document of title to lands”
« titre de
bien-fonds » |
“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; |
“dwelling-house”
« maison
d’habitation » |
“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” and “owner”
« quiconque », « individu », « personne » et « propriétaire » |
“every
one”, “person” and “owner”, and similar expressions, include Her
Majesty and an organization; |
“explosive substance”
« substance
explosive » |
“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] |
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“firearm” means a
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; |
“government or public
facility”
« installation gouvernementale ou
publique » |
“government or public
facility” means a facility or conveyance, whether permanent or
temporary, that is used or occupied in connection with their
official duties by representatives of a state, members of a
government, members of a legislature, members of the judiciary, or
officials or employees of a state or of any other public authority
or public entity, or by officials or employees of an
intergovernmental organization; |
“Her Majesty’s Forces”
« forces de Sa
Majesté » |
“Her
Majesty’s Forces” means the naval, army and air forces of Her
Majesty wherever raised, and includes the Canadian Forces;
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“highway”
« voie publique » ou
« grande
route » |
“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; |
“indictment”
« acte
d’accusation » |
“indictment” includes
(a) information or a count
therein,
(b) a plea, replication or other
pleading, and
(c) any record; |
“internationally protected
person”
« personne jouissant d’une protection
internationale » |
“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; |
“justice”
« juge de paix » |
“justice” means a justice
of the peace or a provincial court judge, and includes two or more
justices where two or more justices are, by law, required to act or,
by law, act or have jurisdiction; |
“justice system participant”
« personne associée au système
judiciaire » |
“justice system
participant” means
(a) a member of the Senate, of the
House of Commons, of a legislative assembly or of a municipal
council, and
(b) a person who plays a role in
the administration of criminal justice, including
(i)
the Minister of Public Safety and Emergency Preparedness and a
Minister responsible for policing in a province,
(ii) a
prosecutor, a lawyer, a member of the Chambre des notaires du Québec
and an officer of a court,
(iii)
a judge and a justice,
(iv) a
juror and a person who is summoned as a juror,
(v) an
informant, a prospective witness, a witness under subpoena and a
witness who has testified,
(vi) a
peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition “peace
officer”,
(vii)
a civilian employee of a police force,
(viii)
a person employed in the administration of a court,
(viii.1)
a public officer within the meaning of subsection 25.1(1) and a
person acting at the direction of such an officer,
(ix)
an employee of the Canada Customs and Revenue Agency who is involved
in the investigation of an offence under an Act of Parliament,
(x) an
employee of a federal or provincial correctional service, a parole
supervisor and any other person who is involved in the
administration of a sentence under the supervision of such a
correctional service and a person who conducts disciplinary hearings
under the Corrections and
Conditional Release Act, and
(xi)
an employee and a member of the National Parole Board and of a
provincial parole board;
“magistrate” [Repealed,
R.S., 1985, c. 27 (1st Supp.), s. 2] |
“mental disorder”
« troubles
mentaux » |
“mental disorder” means a
disease of the mind; |
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“military” shall be
construed as relating to all or any of the Canadian Forces;
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“military law”
« loi militaire » |
“military law” includes
all laws, regulations or orders relating to the Canadian Forces;
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“motor vehicle”
« véhicule à
moteur » |
“motor
vehicle” means a vehicle that is drawn, propelled or driven by any
means other than muscular power, but does not include railway
equipment; |
“municipality”
« municipalité » |
“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; |
“newly-born child”
« enfant nouveau-né » ou
« nouveau-né » |
“newly-born child” means a
person under the age of one year; |
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“night” means the period
between nine o’clock in the afternoon and six o’clock in the
forenoon of the following day; |
“offence-related property”
« bien
infractionnel » |
“offence-related property”
means any property, within or outside Canada,
(a) by means or in respect of which
an indictable offence under this Act is committed,
(b) that is used in any manner in
connection with the commission of an indictable offence under this
Act, or
(c) that is intended for use for
the purpose of committing an indictable offence under this
Act; |
“offender”
« contrevenant » |
“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;
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“offensive weapon”
« arme offensive » |
“offensive weapon” has the
same meaning as “weapon”; |
“organization”
« organisation » |
“organization” means
(a) a public body, body corporate,
society, company, firm, partnership, trade union or municipality,
or
(b) an association of persons
that
(i) is
created for a common purpose,
(ii)
has an operational structure, and
(iii)
holds itself out to the public as an association of
persons; |
“peace officer”
« agent de la
paix » |
“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, the Excise Act or the Excise Act, 2001,
(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; |
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“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; |
“property”
« biens » ou « propriété » |
“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; |
“prosecutor”
« poursuivant » |
“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;
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“provincial court judge”
« juge de la cour
provinciale » |
“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;
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“public department”
« ministère
public » |
“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; |
“public officer”
« fonctionnaire
public » |
“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; |
“public stores”
« approvisionnements
publics » |
“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; |
“railway equipment”
« matériel
ferroviaire » |
“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; |
“representative”
« agent » |
“representative”, in
respect of an organization, means a director, partner, employee,
member, agent or contractor of the organization; |
“senior officer”
« cadre
supérieur » |
“senior officer” means a
representative who plays an important role in the establishment of
an organization’s policies or is responsible for managing an
important aspect of the organization’s activities and, in the case
of a body corporate, includes a director, its chief executive
officer and its chief financial officer; |
“serious offence”
« infraction
grave » |
“serious offence” has the
same meaning as in subsection 467.1(1); |
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“steal” means to commit
theft; |
“superior court of criminal
jurisdiction”
« cour supérieure de juridiction
criminelle » |
“superior court of
criminal jurisdiction” means
(a) in the Province of Ontario, the
Court of Appeal or the Superior Court of Justice,
(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 Yukon, the Supreme
Court,
(g) in the Northwest Territories,
the Supreme Court, and
(h) in Nunavut, the Nunavut Court
of Justice; |
“territorial division”
« circonscription
territoriale » |
“territorial division”
includes any province, county, union of counties, township, city,
town, parish or other judicial division or place to which the
context applies; |
“terrorism offence”
« infraction de
terrorisme » |
“terrorism offence” means
(a) an offence under any of
sections 83.02 to 83.04 or 83.18 to 83.23,
(b) an indictable offence under
this or any other Act of Parliament committed for the benefit of, at
the direction of or in association with a terrorist group,
(c) an indictable offence under
this or any other Act of Parliament where the act or omission
constituting the offence also constitutes a terrorist activity,
or
(d) a conspiracy or an attempt to
commit, or being an accessory after the fact in relation to, or any
counselling in relation to, an offence referred to in paragraph
(a), (b) or (c); |
“terrorist activity”
« activité
terroriste » |
“terrorist activity” has
the same meaning as in subsection 83.01(1); |
“terrorist group”
« groupe
terroriste » |
“terrorist group” has the
same meaning as in subsection 83.01(1); |
“testamentary instrument”
« acte
testamentaire » |
“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; |
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“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; |
“unfit to stand trial”
« inaptitude à subir son
procès » |
“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; |
“United Nations operation”
« opération des Nations
Unies » |
“United Nations operation”
means an operation that is established by the competent organ of the
United Nations in accordance with the Charter of the United Nations
and is conducted under United Nations authority and control, if the
operation is for the purpose of maintaining or restoring
international peace and security or if the Security Council or the
General Assembly of the United Nations has declared, for the
purposes of the Convention on the
Safety of United Nations and Associated Personnel, that there
exists an exceptional risk to the safety of the personnel
participating in the operation. It does not include an operation
authorized by the Security Council as an enforcement action under
Chapter VII of the Charter of the United Nations in which any of the
personnel are engaged as combatants against organized armed forces
and to which the law of international armed conflict applies;
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“United Nations personnel”
« personnel des Nations
Unies » |
“United Nations personnel”
means
(a) persons who are engaged or
deployed by the Secretary-General of the United Nations as members
of the military, police or civilian components of a United Nations
operation, or
(b) any other officials or experts
who are on mission of the United Nations or one of its specialized
agencies or the International Atomic Energy Agency and who are
present in an official capacity in the area where a United Nations
operation is conducted; |
“valuable mineral”
« minéraux
précieux » |
“valuable mineral” means a
mineral of a value of at least $100 per kilogram, and includes
precious metals, diamonds and other gemstones and any rock or ore
that contains those minerals; |
“valuable security”
« valeur » ou « effet
appréciable » |
“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 financial institution,
(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; |
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“victim” includes the
victim of an alleged offence; |
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“weapon” means any thing
used, designed to be used or intended for use
(a) in causing death or injury to
any person, or
(b) for the purpose of threatening
or intimidating any person
and, without restricting
the generality of the foregoing, includes a firearm; |
|
“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; |
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“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.), ss. 2, 203, 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. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c.
29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s.
14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s.
155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41,
ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1;
2004, c. 3, s. 1; 2005, c. 10, s. 34. |
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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. |
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3.1 Unless
otherwise provided or ordered, anything done by a court, justice or
judge is effective from the moment it is done, whether or not it is
reduced to writing.
2002,
c. 13, s. 2. |
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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. |
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. |
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(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. |
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. |
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(5)
For the purposes of this Act, sexual intercourse is complete on
penetration to even the slightest degree, notwithstanding that seed
is not emitted. |
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
(a) by oral evidence given under
oath by, or by the affidavit or solemn declaration of, the person
claiming to have served, given or sent it; or
(b) in the case of a peace officer,
by a statement in writing certifying that the document was served or
the notice was given or sent by the peace officer, and such a
statement is deemed to be a statement made under oath. |
Attendance
for examination |
(7)
Notwithstanding subsection (6), the court may require the person who
appears to have signed an affidavit, solemn declaration or statement
referred to in that subsection to appear before it for examination
or cross-examination in respect of the issue of proof of service or
the giving or sending of any notice.
R.S.,
1985, c. C-46, s. 4; R.S., 1985, c. 27 (1st Supp.), s. 3; 1994, c.
44, s. 3; 1997, c. 18, s. 2. |
|
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) 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 730 of the offence; and
(b) a person who is convicted or
discharged under section 730 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. |
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(2)
Subject to this Act or any other Act of Parliament, no person shall
be convicted or discharged under section 730 of an offence committed
outside Canada. |
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); 1995, c. 22, s. 10. |
|
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. |
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(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. |
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. |
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. |
Space
Station — Canadian crew members |
(2.3)
Despite anything in this Act or any other Act, a Canadian crew
member who, during a space flight, commits an act or omission
outside Canada that if committed in Canada would constitute an
indictable offence is deemed to have committed that act or omission
in Canada, if that act or omission is committed
(a) on, or in relation to, a flight
element of the Space Station; or
(b) on any means of transportation
to or from the Space Station. |
Space
Station — crew members of Partner States |
(2.31)
Despite anything in this Act or any other Act, a crew member of a
Partner State who commits an act or omission outside Canada during a
space flight on, or in relation to, a flight element of the Space
Station or on any means of transportation to and from the Space
Station that if committed in Canada would constitute an indictable
offence is deemed to have committed that act or omission in Canada,
if that act or omission
(a) threatens the life or security
of a Canadian crew member; or
(b) is committed on or in relation
to, or damages, a flight element provided by Canada. |
Proceedings
by Attorney General of Canada |
(2.32)
Despite the definition “Attorney General” in section 2, the Attorney
General of Canada may conduct proceedings in relation to an offence
referred to in subsection (2.3) or (2.31). For that purpose, the
Attorney General of Canada may exercise all the powers and perform
all the duties and functions assigned to the Attorney General by or
under this Act. |
Consent
of Attorney General of Canada |
(2.33)
No proceedings in relation to an offence referred to in subsection
(2.3) or (2.31) may be instituted without the consent of the
Attorney General of Canada. |
|
(2.34)
The definitions in this subsection apply in this subsection and in
subsections (2.3) and (2.31). |
|
“Agreement” has the same
meaning as in section 2 of the Civil International Space Station
Agreement Implementation Act. |
“Canadian crew member”
« membre d’équipage
canadien » |
“Canadian crew member”
means a crew member of the Space Station who is
(a) a Canadian citizen; or
(b) a citizen of a foreign state,
other than a Partner State, who is authorized by Canada to act as a
crew member for a space flight on, or in relation to, a flight
element. |
“crew member of a Partner
State”
« membre d’équipage d’un État
partenaire » |
“crew
member of a Partner State” means a crew member of the Space Station
who is
(a) a citizen of a Partner State;
or
(b) a citizen of a state, other
than that Partner State, who is authorized by that Partner State to
act as a crew member for a space flight on, or in relation to, a
flight element. |
“flight element”
« élément de vol » |
“flight element” means a
Space Station element provided by Canada or by a Partner State under
the Agreement and under any memorandum of understanding or other
implementing arrangement entered into to carry out the
Agreement. |
“Partner State”
« État
partenaire » |
“Partner State” means a
State, other than Canada, who contracted to enter into the Agreement
and for which the Agreement has entered into force in accordance
with article 25 of the Agreement. |
“space flight”
« vol spatial » |
“space
flight” means the period that begins with the launching of a crew
member of the Space Station, continues during their stay in orbit
and ends with their landing on earth. |
“Space Station”
« station
spatiale » |
“Space
Station” means the civil international Space Station that is a
multi-use facility in low-earth orbit, with flight elements and
dedicated ground elements provided by, or on behalf of, the Partner
States. |
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 any of sections 235, 236, 266,
267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and
431 is 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. |
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. |
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. |
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(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. |
|
(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. |
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(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. |
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. |
|
(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. |
Offence
against United Nations or associated personnel |
(3.71)
Notwithstanding anything in this Act or any other Act, every one
who, outside Canada, commits an act or omission against a member of
United Nations personnel or associated personnel or against property
referred to in section 431.1 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 235, 236,
266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1
is 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, under an 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
(i) is
a Canadian citizen, or
(ii)
is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act
or omission is, after the commission of the act or omission, present
in Canada;
(e) the act or omission is
committed against a Canadian citizen; or
(f) the act or omission is
committed with intent to compel the Government of Canada or of a
province to do or refrain from doing any act. |
Offence
involving explosive or other lethal device |
(3.72)
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, or being an accessory after
the fact or counselling in relation to an offence against, section
431.2 is 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, under 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,
(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
(iii)
operated for or on behalf of the Government of Canada;
(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 person who commits the act
or omission is, after the commission of the act or omission, present
in Canada;
(e) the act or omission is
committed against a Canadian citizen;
(f) the act or omission is
committed with intent to compel the Government of Canada or of a
province to do or refrain from doing any act; or
(g) the act or omission is
committed against a Canadian government or public facility located
outside Canada. |
Offence
relating to financing of terrorism |
(3.73)
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, or being an accessory after
the fact or counselling in relation to an offence against, section
83.02 is deemed to commit the 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, under an 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 the owner of an aircraft in Canada under those 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 person who commits the act
or omission is, after its commission, present in Canada;
(e) the act or omission is
committed for the purpose of committing an act or omission referred
to in paragraph 83.02(a) or
(b) in order to compel the
Government of Canada or of a province to do or refrain from doing
any act;
(f) the act or omission is
committed for the purpose of committing an act or omission referred
to in paragraph 83.02(a) or
(b) against a Canadian
government or public facility located outside Canada; or
(g) the act or omission is
committed for the purpose of committing an act or omission referred
to in paragraph 83.02(a) or
(b) in Canada or against a
Canadian citizen. |
Terrorism
offence committed outside Canada |
(3.74)
Notwithstanding anything in this Act or any other Act, every one who
commits an act or omission outside Canada that, if committed in
Canada, would be a terrorism offence, other than an offence under
section 83.02 or an offence referred to in paragraph (a) of the definition “terrorist
activity” in subsection 83.01(1), is deemed to have committed that
act or omission in Canada if the person
(a) is a Canadian citizen;
(b) is not a citizen of any state
and ordinarily resides in Canada; or
(c) is a permanent resident within
the meaning of subsection 2(1) of the Immigration and Refugee Protection
Act and is, after the commission of the act or omission,
present in Canada. |
Terrorist
activity committed outside Canada |
(3.75)
Notwithstanding anything in this Act or any other Act, every one who
commits an act or omission outside Canada that, if committed in
Canada, would be an indictable offence and would also constitute a
terrorist activity referred to in paragraph (b) of the definition “terrorist
activity” in subsection 83.01(1) is deemed to commit that act or
omission in Canada if
(a) the act or omission is
committed against a Canadian citizen;
(b) the act or omission is
committed against a Canadian government or public facility located
outside Canada; or
(c) the act or omission is
committed with intent to compel the Government of Canada or of a
province to do or refrain from doing any act.
(3.76)
and (3.77) [Repealed, 2000, c. 24, s. 42] |
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. |
Offence
in relation to sexual offences against children |
(4.1)
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 151, 152, 153, 155 or
159, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or
subsection 212(4) shall be deemed to commit that act or omission in
Canada if the person who commits the act or omission is a Canadian
citizen or a permanent resident within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act.
(4.2)
[Repealed, 2002, c. 13, s. 3] |
Consent
of Attorney General |
(4.3)
Proceedings with respect to an act or omission deemed to have been
committed in Canada under subsection (4.1) may only be instituted
with the consent of the Attorney General. |
|
(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. |
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). |
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. |
If
accused not Canadian citizen |
(7) If
the accused is not a Canadian citizen, no proceedings in respect of
which courts have jurisdiction by virtue of this section shall be
continued unless the consent of the Attorney General of Canada is
obtained not later than eight days after the proceedings are
commenced. |
Definition
of “flight” and “in flight” |
(8)
For the purposes of this section, of the definition “peace officer”
in section 2 and of sections 27.1, 76 and 77, “flight” means the act
of flying or moving through the air and an aircraft is 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. |
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. |
|
(10)
In any proceedings under this Act, a certificate purporting to have
been issued by or under the authority of the Minister of Foreign
Affairs is admissible in evidence 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 facts it states
that are relevant to the question of whether any person is a member
of United Nations personnel, a member of associated personnel or a
person who is entitled under international law to protection from
attack or threat of attack against his or her person, freedom or
dignity. |
|
(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;
1997, c. 16, s. 1; 1999, c. 35, s. 11; 2000, c. 24, s. 42; 2001, c.
27, s. 244, c. 41, ss. 3, 126; 2002, c. 13, s. 3; 2004, c. 12, s.
1. |
|
8. (1) The
provisions of this Act apply throughout Canada except
(a) in Yukon, in so far as they are
inconsistent with the Yukon
Act;
(b) in the Northwest Territories,
in so far as they are inconsistent with the Northwest Territories Act; and
(c) in Nunavut, in so far as they
are inconsistent with the Nunavut
Act. |
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. |
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.,
1985, c. C-46, s. 8; 1993, c. 28, s. 78; 2002, c. 7, s.
138. |
|
9.
Notwithstanding anything in this Act or any other Act, no person
shall be convicted or discharged under section 730
(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); 1995, c. 22, s. 10. |
|
10. (1) Where
a court, judge, justice or provincial court judge 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. |
|
(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. |
|
(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.,
1985, c. C-46, s. 10; R.S., 1985, c. 27 (1st Supp.), s.
203. |
|
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. 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. 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. 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. 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) 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. |
|
(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. |
|
(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. 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. 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 by a person who commits an offence is not an excuse for
committing that offence.
R.S.,
c. C-34, s. 19. |
|
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. |
|
|
|
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. |
|
(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) 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. |
|
(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. |
|
(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. |
|
22.1 In
respect of an offence that requires the prosecution to prove
negligence, an organization is a party to the offence if
(a) acting within the scope of
their authority
(i)
one of its representatives is a party to the offence, or
(ii)
two or more of its representatives engage in conduct, whether by act
or omission, such that, if it had been the conduct of only one
representative, that representative would have been a party to the
offence; and
(b) the senior officer who is
responsible for the aspect of the organization’s activities that is
relevant to the offence departs — or the senior officers,
collectively, depart — markedly from the standard of care that, in
the circumstances, could reasonably be expected to prevent a
representative of the organization from being a party to the
offence.
2003,
c. 21, s. 2. |
|
22.2 In
respect of an offence that requires the prosecution to prove fault —
other than negligence — an organization is a party to the offence
if, with the intent at least in part to benefit the organization,
one of its senior officers
(a) acting within the scope of
their authority, is a party to the offence;
(b) having the mental state
required to be a party to the offence and acting within the scope of
their authority, directs the work of other representatives of the
organization so that they do the act or make the omission specified
in the offence; or
(c) knowing that a representative
of the organization is or is about to be a party to the offence,
does not take all reasonable measures to stop them from being a
party to the offence.
2003,
c. 21, s. 2. |
|
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.
(2)
[Repealed, 2000, c. 12, s. 92]
R.S.,
1985, c. C-46, s. 23; 2000, c. 12, s. 92. |
|
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) 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. |
|
(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) 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. |
|
(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. |
|
(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. |
|
(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. |
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. |
|
25.1 (1) The
following definitions apply in this section and sections 25.2 to
25.4. |
“competent authority”
« autorité
compétente » |
“competent authority”
means, with respect to a public officer or a senior official,
(a) in the case of a member of the
Royal Canadian Mounted Police, the Minister of Public Safety and
Emergency Preparedness, personally;
(b) in the case of a member of a
police service constituted under the laws of a province, the
Minister responsible for policing in the province, personally;
and
(c) in the case of any other public
officer or senior official, the Minister who has responsibility for
the Act of Parliament that the officer or official has the power to
enforce, personally. |
“public officer”
« fonctionnaire
public » |
“public officer” means a
peace officer, or a public officer who has the powers of a peace
officer under an Act of Parliament. |
“senior official”
« fonctionnaire
supérieur » |
“senior official” means a
senior official who is responsible for law enforcement and who is
designated under subsection (5). |
|
(2) It
is in the public interest to ensure that public officers may
effectively carry out their law enforcement duties in accordance
with the rule of law and, to that end, to expressly recognize in law
a justification for public officers and other persons acting at
their direction to commit acts or omissions that would otherwise
constitute offences. |
Designation
of public officers |
(3) A
competent authority may designate public officers for the purposes
of this section and sections 25.2 to 25.4. |
Condition
— civilian oversight |
(3.1)
A competent authority referred to in paragraph (a) or (b) of the definition of that term
in subsection (1) may not designate any public officer under
subsection (3) unless there is a public authority composed of
persons who are not peace officers that may review the public
officer’s conduct. |
|
(3.2)
The Governor in Council or the lieutenant governor in council of a
province, as the case may be, may designate a person or body as a
public authority for the purposes of subsection (3.1), and that
designation is conclusive evidence that the person or body is a
public authority described in that subsection. |
|
(4)
The competent authority shall make designations under subsection (3)
on the advice of a senior official and shall consider the nature of
the duties performed by the public officer in relation to law
enforcement generally, rather than in relation to any particular
investigation or enforcement activity. |
Designation
of senior officials |
(5) A
competent authority may designate senior officials for the purposes
of this section and sections 25.2 to 25.4. |
|
(6) A
senior official may designate a public officer for the purposes of
this section and sections 25.2 to 25.4 for a period of not more than
48 hours if the senior official is of the opinion that
(a) by reason of exigent
circumstances, it is not feasible for the competent authority to
designate a public officer under subsection (3); and
(b) in the circumstances of the
case, the public officer would be justified in committing an act or
omission that would otherwise constitute an offence.
The
senior official shall without delay notify the competent authority
of the designation. |
|
(7) A
designation under subsection (3) or (6) may be made subject to
conditions, including conditions limiting
(a) the duration of the
designation;
(b) the nature of the conduct in
the investigation of which a public officer may be justified in
committing, or directing another person to commit, acts or omissions
that would otherwise constitute an offence; and
(c) the acts or omissions that
would otherwise constitute an offence and that a public officer may
be justified in committing or directing another person to
commit. |
Justification
for acts or omissions |
(8) A
public officer is justified in committing an act or omission — or in
directing the commission of an act or omission under subsection (10)
— that would otherwise constitute an offence if the public
officer
(a) is engaged in the investigation
of an offence under, or the enforcement of, an Act of Parliament or
in the investigation of criminal activity;
(b) is designated under subsection
(3) or (6); and
(c) believes on reasonable grounds
that the commission of the act or omission, as compared to the
nature of the offence or criminal activity being investigated, is
reasonable and proportional in the circumstances, having regard to
such matters as the nature of the act or omission, the nature of the
investigation and the reasonable availability of other means for
carrying out the public officer’s law enforcement duties. |
Requirements
for certain acts |
(9) No
public officer is justified in committing an act or omission that
would otherwise constitute an offence and that would be likely to
result in loss of or serious damage to property, or in directing the
commission of an act or omission under subsection (10), unless, in
addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she
(a) is personally authorized in
writing to commit the act or omission — or direct its commission —
by a senior official who believes on reasonable grounds that
committing the act or omission, as compared to the nature of the
offence or criminal activity being investigated, is reasonable and
proportional in the circumstances, having regard to such matters as
the nature of the act or omission, the nature of the investigation
and the reasonable availability of other means for carrying out the
public officer’s law enforcement duties; or
(b) believes on reasonable grounds
that the grounds for obtaining an authorization under paragraph
(a) exist but it is not
feasible in the circumstances to obtain the authorization and that
the act or omission is necessary to
(i)
preserve the life or safety of any person,
(ii)
prevent the compromise of the identity of a public officer acting in
an undercover capacity, of a confidential informant or of a person
acting covertly under the direction and control of a public officer,
or
(iii)
prevent the imminent loss or destruction of evidence of an
indictable offence. |
Person
acting at direction of public officer |
(10) A
person who commits an act or omission that would otherwise
constitute an offence is justified in committing it if
(a) a public officer directs him or
her to commit that act or omission and the person believes on
reasonable grounds that the public officer has the authority to give
that direction; and
(b) he or she believes on
reasonable grounds that the commission of that act or omission is
for the purpose of assisting the public officer in the public
officer’s law enforcement duties. |
|
(11)
Nothing in this section justifies
(a) the intentional or criminally
negligent causing of death or bodily harm to another person;
(b) the wilful attempt in any
manner to obstruct, pervert or defeat the course of justice; or
(c) conduct that would violate the
sexual integrity of an individual. |
Protection,
defences and immunities unaffected |
(12)
Nothing in this section affects the protection, defences and
immunities of peace officers and other persons recognized under the
law of Canada. |
Compliance
with requirements |
(13)
Nothing in this section relieves a public officer of criminal
liability for failing to comply with any other requirements that
govern the collection of evidence. |
Exception:
offences under Controlled Drugs and
Substances Act |
(14)
Nothing in this section justifies a public officer or a person
acting at his or her direction in committing an act or omission — or
a public officer in directing the commission of an act or omission —
that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances
Act or of the regulations made under it.
2001,
c. 32, s. 2; 2005, c. 10, s. 34. |
|
25.2 Every
public officer who commits an act or omission — or directs the
commission by another person of an act or omission — under paragraph
25.1(9)(a) or (b) shall, as soon as is feasible
after the commission of the act or omission, file a written report
with the appropriate senior official describing the act or
omission.
2001,
c. 32, s. 2. |
|
25.3 (1)
Every competent authority shall publish or otherwise make available
to the public an annual report for the previous year that includes,
in respect of public officers and senior officials designated by the
competent authority,
(a) the number of designations made
under subsection 25.1(6) by the senior officials;
(b) the number of authorizations
made under paragraph 25.1(9)(a) by the senior officials;
(c) the number of times that acts
and omissions were committed in accordance with paragraph
25.1(9)(b) by the public
officers;
(d) the nature of the conduct being
investigated when the designations referred to in paragraph (a) or the authorizations referred
to in paragraph (b) were
made or when the acts or omissions referred to in paragraph (c) were committed; and
(e) the nature of the acts or
omissions committed under the designations referred to in paragraph
(a), under the
authorizations referred to in paragraph (b) and in the manner described in
paragraph (c). |
|
(2)
The annual report shall not contain any information the disclosure
of which would
(a) compromise or hinder an ongoing
investigation of an offence under an Act of Parliament;
(b) compromise the identity of a
public officer acting in an undercover capacity, of a confidential
informant or of a person acting covertly under the direction and
control of a public officer;
(c) endanger the life or safety of
any person;
(d) prejudice a legal proceeding;
or
(e) otherwise be contrary to the
public interest.
2001,
c. 32, s. 2. |
|
25.4 (1) When
a public officer commits an act or omission — or directs the
commission by another person of an act or omission — under paragraph
25.1(9)(a) or (b), the senior official with whom
the public officer files a written report under section 25.2 shall,
as soon as is feasible after the report is filed, and no later than
one year after the commission of the act or omission, notify in
writing any person whose property was lost or seriously damaged as a
result of the act or omission. |
|
(2)
The competent authority may authorize the senior official not to
notify the person under subsection (1) until the competent authority
is of the opinion that notification would not
(a) compromise or hinder an ongoing
investigation of an offence under an Act of Parliament;
(b) compromise the identity of a
public officer acting in an undercover capacity, of a confidential
informant or of a person acting covertly under the direction and
control of a public officer;
(c) endanger the life or safety of
any person;
(d) prejudice a legal proceeding;
or
(e) otherwise be contrary to the
public interest.
2001,
c. 32, s. 2. |
|
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. 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. |
|
27.1 (1)
Every person on an aircraft in flight is justified in using as much
force as is reasonably necessary to prevent the commission of an
offence against this Act or another Act of Parliament that the
person believes on reasonable grounds, if it were committed, would
be likely to cause immediate and serious injury to the aircraft or
to any person or property therein. |
Application
of this section |
(2)
This section applies in respect of any aircraft in flight in
Canadian airspace and in respect of any aircraft registered in
Canada in accordance with the regulations made under the Aeronautics Act in flight outside
Canadian airspace.
2004,
c. 12, s. 2. |
|
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. |
|
(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) 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. |
|
(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. |
|
(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. 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) 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. |
|
(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. |
|
|
|
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. |
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. |
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. |
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. |
|
(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) 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. |
|
(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). |
|
(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) 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). |
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. |
|
(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. |
|
|
|
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. |
|
(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. 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 includes, for the purposes of sections 34 and 35,
provocation by blows, words or gestures.
R.S.,
c. C-34, s. 36. |
|
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. |
|
(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. |
|
|
|
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. |
|
(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) 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. |
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. 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) 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. |
|
(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) 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. |
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. |
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. 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. 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. 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) 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. |
|
(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. |
|
(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). |
|
(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) Every
one who commits high treason is guilty of an indictable offence and
shall be sentenced to imprisonment for life. |
|
(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. |
|
(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. |
|
(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) 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. |
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. |
|
|
|
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) 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. |
|
(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. 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) 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. |
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. |
|
(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. |
|
(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. 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. 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. 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. 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. |
|
|
|
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. |
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. |
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. |
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. |
|
(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. |
|
(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. |
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) 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. |
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. |
|
|
|
59. (1)
Seditious words are words that express a seditious
intention. |
|
(2) A
seditious libel is a libel that expresses a seditious
intention. |
|
(3) A
seditious conspiracy is an agreement between two or more persons to
carry out a 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.
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. 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) 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. |
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) 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. |
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. |
|
(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. A riot is
an unlawful assembly that has begun to disturb the peace
tumultuously.
R.S.,
c. C-34, s. 65. |
|
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. 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. 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. 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. 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. |
|
|
|
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. |
|
(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. |
|
(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). |
|
|
|
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) 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. |
|
(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. |
|
(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. |
|
(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. 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. |
|
|
|
74. (1) Every
one commits piracy who does any act that, by the law of nations, is
piracy. |
|
(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. 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. 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. 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) 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. |
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 , the Excise
Act or the Excise Act,
2001.
R.S.,
1985, c. C-46, s. 78; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2002, c.
22, s. 325. |
|
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. |
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. |
|
(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. |
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. |
|
(5) In
this section, |
“fixed platform”
« plate-forme
fixe » |
“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; |
|
“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. |
|
|
|
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. 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) 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. |
|
(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. (1) Every
person who, without lawful excuse, the proof of which lies on the
person, makes or has in the possession or under the care or control
of the person any explosive substance is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five
years. |
Possession
in association with criminal organization |
(2)
Every person who, without lawful excuse, the proof of which lies on
the person, makes or has in the possession or under the care or
control of the person any explosive substance for the benefit of, at
the direction of or in association with a criminal organization is
guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
R.S.,
1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12; 1997, c.
23, s. 2; 2001, c. 32, s. 3(F). |
|
82.1 A
sentence imposed on a person for an offence under subsection 82(2)
shall be served consecutively to any other punishment imposed on the
person for an offence arising out of the same event or series of
events and to any other sentence to which the person is subject at
the time the sentence is imposed on the person for an offence under
subsection 82(2).
1997,
c. 23, s. 2. |
|
|
|
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. |
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. |
|
|
|
|
|
83.01 (1) The
following definitions apply in this Part. |
|
“Canadian” means a
Canadian citizen, a permanent resident within the meaning of
subsection 2(1) of the Immigration
and Refugee Protection Act or a body corporate incorporated
and continued under the laws of Canada or a province. |
|
“entity” means a person,
group, trust, partnership or fund or an unincorporated association
or organization. |
“listed entity”
« entité
inscrite » |
“listed entity” means an
entity on a list established by the Governor in Council under
section 83.05. |
“terrorist activity”
« activité
terroriste » |
“terrorist activity”
means
(a) an act or omission that is
committed in or outside Canada and that, if committed in Canada, is
one of the following offences:
(i)
the offences referred to in subsection 7(2) that implement the Convention for the Suppression of
Unlawful Seizure of Aircraft, signed at The Hague on December
16, 1970,
(ii)
the offences referred to in subsection 7(2) that implement the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, signed at
Montreal on September 23, 1971,
(iii)
the offences referred to in subsection 7(3) that implement the Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents, adopted by the General Assembly
of the United Nations on December 14, 1973,
(iv)
the offences referred to in subsection 7(3.1) that implement the
International Convention against
the Taking of Hostages, adopted by the General Assembly of
the United Nations on December 17, 1979,
(v)
the offences referred to in subsection 7(3.4) or (3.6) that
implement the Convention on the
Physical Protection of Nuclear Material, done at Vienna and
New York on March 3, 1980,
(vi)
the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving International Civil
Aviation, supplementary to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, signed at
Montreal on February 24, 1988,
(vii)
the offences referred to in subsection 7(2.1) that implement the
Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation, done
at Rome on March 10, 1988,
(viii)
the offences referred to in subsection 7(2.1) or (2.2) that
implement 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,
(ix)
the offences referred to in subsection 7(3.72) that implement the
International Convention for the
Suppression of Terrorist Bombings, adopted by the General
Assembly of the United Nations on December 15, 1997, and
(x)
the offences referred to in subsection 7(3.73) that implement the
International Convention for the
Suppression of the Financing of Terrorism, adopted by the
General Assembly of the United Nations on December 9, 1999, or
(b) an act or omission, in or
outside Canada,
(i)
that is committed
(A) in
whole or in part for a political, religious or ideological purpose,
objective or cause, and
(B) in
whole or in part with the intention of intimidating the public, or a
segment of the public, with regard to its security, including its
economic security, or compelling a person, a government or a
domestic or an international organization to do or to refrain from
doing any act, whether the public or the person, government or
organization is inside or outside Canada, and
(ii)
that intentionally
(A)
causes death or serious bodily harm to a person by the use of
violence,
(B)
endangers a person’s life,
(C)
causes a serious risk to the health or safety of the public or any
segment of the public,
(D)
causes substantial property damage, whether to public or private
property, if causing such damage is likely to result in the conduct
or harm referred to in any of clauses (A) to (C), or
(E)
causes serious interference with or serious disruption of an
essential service, facility or system, whether public or private,
other than as a result of advocacy, protest, dissent or stoppage of
work that is not intended to result in the conduct or harm referred
to in any of clauses (A) to (C),
and includes a conspiracy,
attempt or threat to commit any such act or omission, or being an
accessory after the fact or counselling in relation to any such act
or omission, but, for greater certainty, does not include an act or
omission that is committed during an armed conflict and that, at the
time and in the place of its commission, is in accordance with
customary international law or conventional international law
applicable to the conflict, or the activities undertaken by military
forces of a state in the exercise of their official duties, to the
extent that those activities are governed by other rules of
international law. |
“terrorist group”
« groupe
terroriste » |
“terrorist group”
means
(a) an entity that has as one of
its purposes or activities facilitating or carrying out any
terrorist activity, or
(b) a listed entity,
and includes an
association of such entities. |
|
(1.1)
For greater certainty, the expression of a political, religious or
ideological thought, belief or opinion does not come within
paragraph (b) of the
definition “terrorist activity” in subsection (1) unless it
constitutes an act or omission that satisfies the criteria of that
paragraph. |
|
(2)
For the purposes of this Part, facilitation shall be construed in
accordance with subsection 83.19(2).
2001,
c. 41, ss. 4, 126. |
|
|
|
83.02 Every
one who, directly or indirectly, wilfully and without lawful
justification or excuse, provides or collects property intending
that it be used or knowing that it will be used, in whole or in
part, in order to carry out
(a) an act or omission that
constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of
“terrorist activity” in subsection 83.01(1), or
(b) any other act or omission
intended to cause death or serious bodily harm to a civilian or to
any other person not taking an active part in the hostilities in a
situation of armed conflict, if the purpose of that act or omission,
by its nature or context, is to intimidate the public, or to compel
a government or an international organization to do or refrain from
doing any act,
is
guilty of an indictable offence and is liable to imprisonment for a
term of not more than 10 years.
2001,
c. 41, s. 4. |
|
83.03 Every
one who, directly or indirectly, collects property, provides or
invites a person to provide, or makes available property or
financial or other related services
(a) intending that they be used, or
knowing that they will be used, in whole or in part, for the purpose
of facilitating or carrying out any terrorist activity, or for the
purpose of benefiting any person who is facilitating or carrying out
such an activity, or
(b) knowing that, in whole or part,
they will be used by or will benefit a terrorist group,
is
guilty of an indictable offence and is liable to imprisonment for a
term of not more than 10 years.
2001,
c. 41, s. 4. |
|
83.04 Every
one who
(a) uses property, directly or
indirectly, in whole or in part, for the purpose of facilitating or
carrying out a terrorist activity, or
(b) possesses property intending
that it be used or knowing that it will be used, directly or
indirectly, in whole or in part, for the purpose of facilitating or
carrying out a terrorist activity,
is
guilty of an indictable offence and is liable to imprisonment for a
term of not more than 10 years.
2001,
c. 41, s. 4. |
|
|
|
83.05 (1) The
Governor in Council may, by regulation, establish a list on which
the Governor in Council may place any entity if, on the
recommendation of the Minister of Public Safety and Emergency
Preparedness, the Governor in Council is satisfied that there are
reasonable grounds to believe that
(a) the entity has knowingly
carried out, attempted to carry out, participated in or facilitated
a terrorist activity; or
(b) the entity is knowingly acting
on behalf of, at the direction of or in association with an entity
referred to in paragraph (a). |
|
(1.1)
The Minister may make a recommendation referred to in subsection (1)
only if he or she has reasonable grounds to believe that the entity
to which the recommendation relates is an entity referred to in
paragraph (1)(a) or (b). |
|
(2) On
application in writing by a listed entity, the Minister shall decide
whether there are reasonable grounds to recommend to the Governor in
Council that the applicant no longer be a listed entity. |
|
(3) If
the Minister does not make a decision on the application referred to
in subsection (2) within 60 days after receipt of the application,
he or she is deemed to have decided to recommend that the applicant
remain a listed entity. |
Notice
of the decision to the applicant |
(4)
The Minister shall give notice without delay to the applicant of any
decision taken or deemed to have been taken respecting the
application referred to in subsection (2). |
|
(5)
Within 60 days after the receipt of the notice of the decision
referred to in subsection (4), the applicant may apply to a judge
for judicial review of the decision. |
|
(6)
When an application is made under subsection (5), the judge shall,
without delay
(a) examine, in private, any
security or criminal intelligence reports considered in listing the
applicant and hear any other evidence or information that may be
presented by or on behalf of the Minister and may, at his or her
request, hear all or part of that evidence or information in the
absence of the applicant and any counsel representing the applicant,
if the judge is of the opinion that the disclosure of the
information would injure national security or endanger the safety of
any person;
(b) provide the applicant with a
statement summarizing the information available to the judge so as
to enable the applicant to be reasonably informed of the reasons for
the decision, without disclosing any information the disclosure of
which would, in the judge’s opinion, injure national security or
endanger the safety of any person;
(c) provide the applicant with a
reasonable opportunity to be heard; and
(d) determine whether the decision
is reasonable on the basis of the information available to the judge
and, if found not to be reasonable, order that the applicant no
longer be a listed entity. |
|
(6.1)
The judge may receive into evidence anything that, in the opinion of
the judge, is reliable and appropriate, even if it would not
otherwise be admissible under Canadian law, and may base his or her
decision on that evidence. |
|
(7)
The Minister shall cause to be published, without delay, in the
Canada Gazette notice of a
final order of a court that the applicant no longer be a listed
entity. |
|
(8) A
listed entity may not make another application under subsection (2),
except if there has been a material change in its circumstances
since the time when the entity made its last application or if the
Minister has completed the review under subsection (9). |
|
(9)
Two years after the establishment of the list referred to in
subsection (1), and every two years after that, the Minister shall
review the list to determine whether there are still reasonable
grounds, as set out in subsection (1), for an entity to be a listed
entity and make a recommendation to the Governor in Council as to
whether the entity should remain a listed entity. The review does
not affect the validity of the list. |
|
(10)
The Minister shall complete the review as soon as possible and in
any event, no later than 120 days after its commencement. After
completing the review, he or she shall cause to be published,
without delay, in the Canada
Gazette notice that the review has been completed. |
|
(11)
In this section, “judge” means the Chief Justice of the Federal
Court or a judge of that Court designated by the Chief Justice.
2001,
c. 41, ss. 4, 143; 2005, c. 10, ss. 18, 34. |
|
83.06 (1) For
the purposes of subsection 83.05(6), in private and in the absence
of the applicant or any counsel representing it,
(a) the Minister of Public Safety
and Emergency Preparedness may make an application to the judge for
the admission of information obtained in confidence from a
government, an institution or an agency of a foreign state, from an
international organization of states or from an institution or an
agency of an international organization of states; and
(b) the judge shall examine the
information and provide counsel representing the Minister with a
reasonable opportunity to be heard as to whether the information is
relevant but should not be disclosed to the applicant or any counsel
representing it because the disclosure would injure national
security or endanger the safety of any person. |
|
(2)
The information shall be returned to counsel representing the
Minister and shall not be considered by the judge in making the
determination under paragraph 83.05(6)(d), if
(a) the judge determines that the
information is not relevant;
(b) the judge determines that the
information is relevant but should be summarized in the statement to
be provided under paragraph 83.05(6)(b); or
(c) the Minister withdraws the
application. |
|
(3) If
the judge decides that the information is relevant but that its
disclosure would injure national security or endanger the safety of
persons, the information shall not be disclosed in the statement
mentioned in paragraph 83.05(6)(b), but the judge may base the
determination under paragraph 83.05(6)(d) on it.
2001,
c. 41, s. 4; 2005, c. 10, s. 19. |
|
83.07 (1) An
entity claiming not to be a listed entity may apply to the Minister
of Public Safety and Emergency Preparedness for a certificate
stating that it is not a listed entity. |
|
(2)
The Minister shall, within 15 days after receiving the application,
issue a certificate if he or she is satisfied that the applicant is
not a listed entity.
2001,
c. 41, s. 4; 2005, c. 10, s. 20. |
|
|
|
83.08 (1) No
person in Canada and no Canadian outside Canada shall knowingly
(a) deal directly or indirectly in
any property that is owned or controlled by or on behalf of a
terrorist group;
(b) enter into or facilitate,
directly or indirectly, any transaction in respect of property
referred to in paragraph (a); or
(c) provide any financial or other
related services in respect of property referred to in paragraph
(a) to, for the benefit of
or at the direction of a terrorist group. |
|
(2) A
person who acts reasonably in taking, or omitting to take, measures
to comply with subsection (1) shall not be liable in any civil
action arising from having taken or omitted to take the measures, if
the person took all reasonable steps to satisfy themself that the
relevant property was owned or controlled by or on behalf of a
terrorist group.
2001,
c. 41, s. 4. |
|
83.09 (1) The
Minister of Public Safety and Emergency Preparedness, or a person
designated by him or her, may authorize any person in Canada or any
Canadian outside Canada to carry out a specified activity or
transaction that is prohibited by section 83.08, or a class of such
activities or transactions. |
Ministerial
authorization |
(2)
The Minister, or a person designated by him or her, may make the
authorization subject to any terms and conditions that are required
in their opinion and may amend, suspend, revoke or reinstate
it. |
Existing
equities maintained |
(3)
All secured and unsecured rights and interests in the frozen
property that are held by persons, other than terrorist groups or
their agents, are entitled to the same ranking that they would have
been entitled to had the property not been frozen. |
|
(4) If
a person has obtained an authorization under subsection (1), any
other person involved in carrying out the activity or transaction,
or class of activities or transactions, to which the authorization
relates is not subject to sections 83.08, 83.1 and 83.11 if the
terms or conditions of the authorization that are imposed under
subsection (2), if any, are met.
2001,
c. 41, s. 4; 2005, c. 10, s. 21. |
|
83.1 (1)
Every person in Canada and every Canadian outside Canada shall
disclose forthwith to the Commissioner of the Royal Canadian Mounted
Police and to the Director of the Canadian Security Intelligence
Service
(a) the existence of property in
their possession or control that they know is owned or controlled by
or on behalf of a terrorist group; and
(b) information about a transaction
or proposed transaction in respect of property referred to in
paragraph (a). |
|
(2) No
criminal or civil proceedings lie against a person for disclosure
made in good faith under subsection (1).
2001,
c. 41, s. 4. |
|
83.11 (1) The
following entities must determine on a continuing basis whether they
are in possession or control of property owned or controlled by or
on behalf of a listed entity:
(a) authorized foreign banks within
the meaning of section 2 of the Bank Act in respect of their
business in Canada, or banks to which that Act applies;
(b) cooperative credit societies,
savings and credit unions and caisses populaires regulated by a
provincial Act and associations regulated by the Cooperative Credit Associations
Act;
(c) foreign companies within the
meaning of subsection 2(1) of the Insurance Companies Act in respect
of their insurance business in Canada;
(c.1) companies, provincial
companies and societies within the meaning of subsection 2(1) of the
Insurance Companies Act;
(c.2) fraternal benefit societies
regulated by a provincial Act in respect of their insurance
activities, and insurance companies and other entities engaged in
the business of insuring risks that are regulated by a provincial
Act;
(d) companies to which the Trust and Loan Companies Act
applies;
(e) trust companies regulated by a
provincial Act;
(f) loan companies regulated by a
provincial Act; and
(g) entities authorized under
provincial legislation to engage in the business of dealing in
securities, or to provide portfolio management or investment
counselling services. |
|
(2)
Subject to the regulations, every entity referred to in paragraphs
(1)(a) to (g) must report, within the period
specified by regulation or, if no period is specified, monthly, to
the principal agency or body that supervises or regulates it under
federal or provincial law either
(a) that it is not in possession or
control of any property referred to in subsection (1), or
(b) that it is in possession or
control of such property, in which case it must also report the
number of persons, contracts or accounts involved and the total
value of the property. |
|
(3) No
criminal or civil proceedings lie against a person for making a
report in good faith under subsection (2). |
|
(4)
The Governor in Council may make regulations
(a) excluding any entity or class
of entities from the requirement to make a report referred to in
subsection (2), and specifying the conditions of exclusion; and
(b) specifying a period for the
purposes of subsection (2).
2001,
c. 41, s. 4. |
|
83.12 (1)
Every one who contravenes any of sections 83.08, 83.1 and 83.11 is
guilty of an offence and liable
(a) on summary conviction, to a
fine of not more than $100,000 or to imprisonment for a term of not
more than one year, or to both; or
(b) on conviction on indictment, to
imprisonment for a term of not more than 10 years. |
|
(2) No
person contravenes section 83.1 if they make the disclosure referred
to in that section only to the Commissioner of the Royal Canadian
Mounted Police or the Director of the Canadian Security Intelligence
Service.
2001,
c. 41, s. 4. |
|
Seizure
and Restraint of Property |
|
83.13 (1)
Where a judge of the Federal Court, on an ex parte application by the
Attorney General, after examining the application in private, is
satisfied that there are reasonable grounds to believe that there is
in any building, receptacle or place any property in respect of
which an order of forfeiture may be made under subsection 83.14(5),
the judge may issue
(a) if the property is situated in
Canada, a warrant authorizing a person named therein or a peace
officer to search the building, receptacle or place for that
property and to seize that property and any other property in
respect of which that person or peace officer believes, on
reasonable grounds, that an order of forfeiture may be made under
that subsection; or
(b) if the property is situated in
or outside Canada, a restraint order prohibiting any person from
disposing of, or otherwise dealing with any interest in, that
property other than as may be specified in the order. |
|
(1.1)
An affidavit in support of an application under subsection (1) may
be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no
adverse inference shall be drawn from a failure to provide evidence
of persons having personal knowledge of material facts. |
|
(2) On
an application under subsection (1), at the request of the Attorney
General, if a judge is of the opinion that the circumstances so
require, the judge may
(a) appoint a person to take
control of, and to manage or otherwise deal with, all or part of the
property in accordance with the directions of the judge; and
(b) require any person having
possession of that property to give possession of the property to
the person appointed under paragraph (a). |
Appointment
of Minister of Public Works and Government Services |
(3)
When the Attorney General of Canada so requests, a judge appointing
a person under subsection (2) shall appoint the Minister of Public
Works and Government Services. |
|
(4)
The power to manage or otherwise deal with property under subsection
(2) includes
(a) in the case of perishable or
rapidly depreciating property, the power to sell that property;
and
(b) in the case of property that
has little or no value, the power to destroy that
property. |
Application
for destruction order |
(5)
Before a person appointed under subsection (2) destroys property
referred to in paragraph (4)(b), he or she shall apply to a
judge of the Federal Court for a destruction order. |
|
(6)
Before making a destruction order in relation to any property, a
judge shall require notice in accordance with subsection (7) to be
given to, and may hear, any person who, in the opinion of the judge,
appears to have a valid interest in the property. |
|
(7) A
notice under subsection (6) shall be given in the manner that the
judge directs or as provided in the rules of the Federal
Court. |
|
(8) A
judge may order that property be destroyed if he or she is satisfied
that the property has little or no financial or other
value. |
When
management order ceases to have effect |
(9) A
management order ceases to have effect when the property that is the
subject of the management order is returned to an applicant in
accordance with the law or forfeited to Her Majesty. |
|
(10)
The Attorney General may at any time apply to a judge of the Federal
Court to cancel or vary an order or warrant made under this section,
other than an appointment made under subsection (3). |
|
(11)
Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4,
subsections 487(3) and (4) and section 488 apply, with such
modifications as the circumstances require, to a warrant issued
under paragraph (1)(a). |
|
(12)
Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35
and 462.4 apply, with such modifications as the circumstances
require, to an order issued under paragraph (1)(b).
2001,
c. 41, s. 4. |
|
|
|
83.14 (1) The
Attorney General may make an application to a judge of the Federal
Court for an order of forfeiture in respect of
(a) property owned or controlled by
or on behalf of a terrorist group; or
(b) property that has been or will
be used, in whole or in part, to facilitate or carry out a terrorist
activity. |
|
(2) An
affidavit in support of an application by the Attorney General under
subsection (1) may be sworn on information and belief, and,
notwithstanding the Federal Court
Rules, 1998, no adverse inference shall be drawn from a
failure to provide evidence of persons having personal knowledge of
material facts. |
|
(3)
The Attorney General is required to name as a respondent to an
application under subsection (1) only those persons who are known to
own or control the property that is the subject of the
application. |
|
(4)
The Attorney General shall give notice of an application under
subsection (1) to named respondents in such a manner as the judge
directs or as provided in the rules of the Federal Court. |
Granting
of forfeiture order |
(5) If
a judge is satisfied on a balance of probabilities that property is
property referred to in paragraph (1)(a) or (b), the judge shall order that the
property be forfeited to Her Majesty to be disposed of as the
Attorney General directs or otherwise dealt with in accordance with
the law. |
|
(5.1)
Any proceeds that arise from the disposal of property under
subsection (5) may be used to compensate victims of terrorist
activities and to fund anti-terrorist initiatives in accordance with
any regulations made by the Governor in Council under subsection
(5.2). |
|
(5.2)
The Governor in Council may make regulations for the purposes of
specifying how the proceeds referred to in subsection (5.1) are to
be distributed. |
Order
refusing forfeiture |
(6)
Where a judge refuses an application under subsection (1) in respect
of any property, the judge shall make an order that describes the
property and declares that it is not property referred to in that
subsection. |
|
(7) On
an application under subsection (1), a judge may require notice to
be given to any person who, in the opinion of the Court, appears to
have an interest in the property, and any such person shall be
entitled to be added as a respondent to the application. |
|
(8) If
a judge is satisfied that a person referred to in subsection (7) has
an interest in property that is subject to an application, has
exercised reasonable care to ensure that the property would not be
used to facilitate or carry out a terrorist activity, and is not a
member of a terrorist group, the judge shall order that the interest
is not affected by the forfeiture. Such an order shall declare the
nature and extent of the interest in question. |
|
(9)
Where all or part of property that is the subject of an application
under subsection (1) is a dwelling-house, the judge shall also
consider
(a) the impact of an order of
forfeiture on any member of the immediate family of the person who
owns or controls the dwelling-house, if the dwelling-house was the
member’s principal residence at the time the dwelling-house was
ordered restrained or at the time the forfeiture application was
made and continues to be the member’s principal residence; and
(b) whether the member appears
innocent of any complicity or collusion in the terrorist
activity. |
Motion
to vary or set aside |
(10) A
person who claims an interest in property that was forfeited and who
did not receive notice under subsection (7) may bring a motion to
the Federal Court to vary or set aside an order made under
subsection (5) not later than 60 days after the day on which the
forfeiture order was made. |
|
(11)
The Court may not extend the period set out in subsection (10).
2001,
c. 41, s. 4. |
|
83.15
Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such
modifications as the circumstances require, to property subject to a
warrant or restraint order issued under subsection 83.13(1) or
ordered forfeited under subsection 83.14(5).
2001,
c. 41, s. 4. |
|
83.16 (1)
Pending any appeal of an order made under section 83.14, property
restrained under an order issued under section 83.13 shall continue
to be restrained, property seized under a warrant issued under that
section shall continue to be detained, and any person appointed to
manage, control or otherwise deal with that property under that
section shall continue in that capacity. |
Appeal
of refusal to grant order |
(2)
Section 462.34 applies, with such modifications as the circumstances
require, to an appeal taken in respect of a refusal to grant an
order under subsection 83.14(5).
2001,
c. 41, s. 4. |
|
83.17 (1)
This Part does not affect the operation of any other provision of
this or any other Act of Parliament respecting the forfeiture of
property. |
Priority
for restitution to victims of crime |
(2)
Property is subject to forfeiture under subsection 83.14(5) only to
the extent that it is not required to satisfy the operation of any
other provision of this or any other Act of Parliament respecting
restitution to, or compensation of, persons affected by the
commission of offences.
2001,
c. 41, s. 4. |
|
Participating,
Facilitating, Instructing and Harbouring |
|
83.18 (1)
Every one who knowingly participates in or contributes to, directly
or indirectly, any activity of a terrorist group for the purpose of
enhancing the ability of any terrorist group to facilitate or carry
out a terrorist activity is guilty of an indictable offence and
liable to imprisonment for a term not exceeding ten years. |
|
(2) An
offence may be committed under subsection (1) whether or not
(a) a terrorist group actually
facilitates or carries out a terrorist activity;
(b) the participation or
contribution of the accused actually enhances the ability of a
terrorist group to facilitate or carry out a terrorist activity;
or
(c) the accused knows the specific
nature of any terrorist activity that may be facilitated or carried
out by a terrorist group. |
Meaning
of participating or contributing |
(3)
Participating in or contributing to an activity of a terrorist group
includes
(a) providing, receiving or
recruiting a person to receive training;
(b) providing or offering to
provide a skill or an expertise for the benefit of, at the direction
of or in association with a terrorist group;
(c) recruiting a person in order to
facilitate or commit
(i) a
terrorism offence, or
(ii)
an act or omission outside Canada that, if committed in Canada,
would be a terrorism offence;
(d) entering or remaining in any
country for the benefit of, at the direction of or in association
with a terrorist group; and
(e) making oneself, in response to
instructions from any of the persons who constitute a terrorist
group, available to facilitate or commit
(i) a
terrorism offence, or
(ii)
an act or omission outside Canada that, if committed in Canada,
would be a terrorism offence. |
|
(4) In
determining whether an accused participates in or contributes to any
activity of a terrorist group, the court may consider, among other
factors, whether the accused
(a) uses a name, word, symbol or
other representation that identifies, or is associated with, the
terrorist group;
(b) frequently associates with any
of the persons who constitute the terrorist group;
(c) receives any benefit from the
terrorist group; or
(d) repeatedly engages in
activities at the instruction of any of the persons who constitute
the terrorist group.
2001,
c. 41, s. 4. |
|
83.19 (1)
Every one who knowingly facilitates a terrorist activity is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding fourteen years. |
|
(2)
For the purposes of this Part, a terrorist activity is facilitated
whether or not
(a) the facilitator knows that a
particular terrorist activity is facilitated;
(b) any particular terrorist
activity was foreseen or planned at the time it was facilitated;
or
(c) any terrorist activity was
actually carried out.
2001,
c. 41, s. 4. |
|
83.2 Every
one who commits an indictable offence under this or any other Act of
Parliament for the benefit of, at the direction of or in association
with a terrorist group is guilty of an indictable offence and liable
to imprisonment for life.
2001,
c. 41, s. 4. |
|
83.21 (1)
Every person who knowingly instructs, directly or indirectly, any
person to carry out any activity for the benefit of, at the
direction of or in association with a terrorist group, for the
purpose of enhancing the ability of any terrorist group to
facilitate or carry out a terrorist activity, is guilty of an
indictable offence and liable to imprisonment for life. |
|
(2) An
offence may be committed under subsection (1) whether or not
(a) the activity that the accused
instructs to be carried out is actually carried out;
(b) the accused instructs a
particular person to carry out the activity referred to in paragraph
(a);
(c) the accused knows the identity
of the person whom the accused instructs to carry out the activity
referred to in paragraph (a);
(d) the person whom the accused
instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried
out for the benefit of, at the direction of or in association with a
terrorist group;
(e) a terrorist group actually
facilitates or carries out a terrorist activity;
(f) the activity referred to in
paragraph (a) actually
enhances the ability of a terrorist group to facilitate or carry out
a terrorist activity; or
(g) the accused knows the specific
nature of any terrorist activity that may be facilitated or carried
out by a terrorist group.
2001,
c. 41, s. 4. |
|
83.22 (1)
Every person who knowingly instructs, directly or indirectly, any
person to carry out a terrorist activity is guilty of an indictable
offence and liable to imprisonment for life. |
|
(2) An
offence may be committed under subsection (1) whether or not
(a) the terrorist activity is
actually carried out;
(b) the accused instructs a
particular person to carry out the terrorist activity;
(c) the accused knows the identity
of the person whom the accused instructs to carry out the terrorist
activity; or
(d) the person whom the accused
instructs to carry out the terrorist activity knows that it is a
terrorist activity.
2001,
c. 41, s. 4. |
|
83.23 Every
one who knowingly harbours or conceals any person whom he or she
knows to be a person who has carried out or is likely to carry out a
terrorist activity, for the purpose of enabling the person to
facilitate or carry out any terrorist activity, is guilty of an
indictable offence and liable to imprisonment for a term not
exceeding ten years.
2001,
c. 41, s. 4. |
|
Hoax
Regarding Terrorist Activity |
|
83.231 (1)
Every one commits an offence who, without lawful excuse and with
intent to cause any person to fear death, bodily harm, substantial
damage to property or serious interference with the lawful use or
operation of property,
(a) conveys or causes or procures
to be conveyed information that, in all the circumstances, is likely
to cause a reasonable apprehension that terrorist activity is
occurring or will occur, without believing the information to be
true; or
(b) commits an act that, in all the
circumstances, is likely to cause a reasonable apprehension that
terrorist activity is occurring or will occur, without believing
that such activity is occurring or will occur. |
|
(2)
Every one who commits an offence under subsection (1) 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. |
|
(3)
Every one who commits an offence under subsection (1) and thereby
causes bodily harm to any other 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. |
|
(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 life.
2004,
c. 15, s. 32. |
|
Proceedings
and Aggravated Punishment |
|
83.24
Proceedings in respect of a terrorism offence or an offence under
section 83.12 shall not be commenced without the consent of the
Attorney General.
2001,
c. 41, s. 4. |
|
83.25 (1)
Where a person is alleged to have committed a terrorism offence or
an offence under section 83.12, proceedings in respect of that
offence may, whether or not that person is in Canada, be commenced
at the instance of the Government of Canada and conducted by the
Attorney General of Canada or counsel acting on his or her behalf in
any territorial division in Canada, if the offence is alleged to
have occurred outside the province in which the proceedings are
commenced, whether or not proceedings have previously been commenced
elsewhere in Canada. |
|
(2) An
accused may be tried and punished in respect of an offence referred
to in subsection (1) in the same manner as if the offence had been
committed in the territorial division where the proceeding is
conducted.
2001,
c. 41, s. 4. |
|
83.26 A
sentence, other than one of life imprisonment, imposed on a person
for an offence under any of sections 83.02 to 83.04 and 83.18 to
83.23 shall be served consecutively to
(a) any other punishment imposed on
the person, other than a sentence of life imprisonment, for an
offence arising out of the same event or series of events; and
(b) any other sentence, other than
one of life imprisonment, to which the person is subject at the time
the sentence is imposed on the person for an offence under any of
those sections.
2001,
c. 41, s. 4. |
|
83.27 (1)
Notwithstanding anything in this Act, a person convicted of an
indictable offence, other than an offence for which a sentence of
imprisonment for life is imposed as a minimum punishment, where the
act or omission constituting the offence also constitutes a
terrorist activity, is liable to imprisonment for life. |
Offender
must be notified |
(2)
Subsection (1) does not apply unless the prosecutor satisfies the
court that the offender, before making a plea, was notified that the
application of that subsection would be sought.
2001,
c. 41, s. 4. |
|
|
|
83.28 (1) In
this section and section 83.29, “judge” means a provincial court
judge or a judge of a superior court of criminal
jurisdiction. |
Order
for gathering evidence |
(2)
Subject to subsection (3), a peace officer may, for the purposes of
an investigation of a terrorism offence, apply ex parte to a judge for an order
for the gathering of information. |
Attorney
General’s consent |
(3) A
peace officer may make an application under subsection (2) only if
the prior consent of the Attorney General was obtained. |
|
(4) A
judge to whom an application is made under subsection (2) may make
an order for the gathering of information if the judge is satisfied
that the consent of the Attorney General was obtained as required by
subsection (3) and
(a) that there are reasonable
grounds to believe that
(i) a
terrorism offence has been committed, and
(ii)
information concerning the offence, or information that may reveal
the whereabouts of a person suspected by the peace officer of having
committed the offence, is likely to be obtained as a result of the
order; or
(b) that
(i)
there are reasonable grounds to believe that a terrorism offence
will be committed,
(ii)
there are reasonable grounds to believe that a person has direct and
material information that relates to a terrorism offence referred to
in subparagraph (i), or that may reveal the whereabouts of an
individual who the peace officer suspects may commit a terrorism
offence referred to in that subparagraph, and
(iii)
reasonable attempts have been made to obtain the information
referred to in subparagraph (ii) from the person referred to in that
subparagraph. |
|
(5) An
order made under subsection (4) may
(a) order the examination, on oath
or not, of a person named in the order;
(b) order the person to attend at
the place fixed by the judge, or by the judge designated under
paragraph (d), as the case
may be, for the examination and to remain in attendance until
excused by the presiding judge;
(c) order the person to bring to
the examination any thing in their possession or control, and
produce it to the presiding judge;
(d) designate another judge as the
judge before whom the examination is to take place; and
(e) include any other terms or
conditions that the judge considers desirable, including terms or
conditions for the protection of the interests of the person named
in the order and of third parties or for the protection of any
ongoing investigation. |
|
(6) An
order made under subsection (4) may be executed anywhere in
Canada. |
|
(7)
The judge who made the order under subsection (4), or another judge
of the same court, may vary its terms and conditions. |
Obligation
to answer questions and produce things |
(8) A
person named in an order made under subsection (4) shall answer
questions put to the person by the Attorney General or the Attorney
General’s agent, and shall produce to the presiding judge things
that the person was ordered to bring, but may refuse if answering a
question or producing a thing would disclose information that is
protected by any law relating to non-disclosure of information or to
privilege. |
|
(9)
The presiding judge shall rule on any objection or other issue
relating to a refusal to answer a question or to produce a
thing. |
No
person excused from complying with subsection (8) |
(10)
No person shall be excused from answering a question or producing a
thing under subsection (8) on the ground that the answer or thing
may tend to incriminate the person or subject the person to any
proceeding or penalty, but
(a) no answer given or thing
produced under subsection (8) shall be used or received against the
person in any criminal proceedings against that person, other than a
prosecution under section 132 or 136; and
(b) no evidence derived from the
evidence obtained from the person shall be used or received against
the person in any criminal proceedings against that person, other
than a prosecution under section 132 or 136. |
|
(11) A
person has the right to retain and instruct counsel at any stage of
the proceedings. |
Order
for custody of thing |
(12)
The presiding judge, if satisfied that any thing produced during the
course of the examination will likely be relevant to the
investigation of any terrorism offence, shall order that the thing
be given into the custody of the peace officer or someone acting on
the peace officer’s behalf.
2001,
c. 41, s. 4. |
|
83.29 (1) The
judge who made the order under subsection 83.28(4), or another judge
of the same court, may issue a warrant for the arrest of the person
named in the order if the judge is satisfied, on an information in
writing and under oath, that the person
(a) is evading service of the
order;
(b) is about to abscond; or
(c) did not attend the examination,
or did not remain in attendance, as required by the order. |
|
(2) A
warrant issued under subsection (1) may be executed at any place in
Canada by any peace officer having jurisdiction in that
place. |
Person
to be brought before judge |
(3) A
peace officer who arrests a person in the execution of a warrant
issued under subsection (1) shall, without delay, bring the person,
or cause the person to be brought, before the judge who issued the
warrant or another judge of the same court. The judge in question
may, to ensure compliance with the order, order that the person be
detained in custody or released on recognizance, with or without
sureties.
2001,
c. 41, s. 4. |
|
Recognizance
with Conditions |
|
83.3 (1) The
consent of the Attorney General is required before a peace officer
may lay an information under subsection (2). |
|
(2)
Subject to subsection (1), a peace officer may lay an information
before a provincial court judge if the peace officer
(a) believes on reasonable grounds
that a terrorist activity will be carried out; and
(b) suspects on reasonable grounds
that the imposition of a recognizance with conditions on a person,
or the arrest of a person, is necessary to prevent the carrying out
of the terrorist activity. |
|
(3) A
provincial court judge who receives an information under subsection
(2) may cause the person to appear before the provincial court
judge. |
|
(4)
Notwithstanding subsections (2) and (3), if
(a) either
(i)
the grounds for laying an information referred to in paragraphs
(2)(a) and (b) exist but, by reason of exigent
circumstances, it would be impracticable to lay an information under
subsection (2), or
(ii)
an information has been laid under subsection (2) and a summons has
been issued, and
(b) the peace officer suspects on
reasonable grounds that the detention of the person in custody is
necessary in order to prevent a terrorist activity,
the
peace officer may arrest the person without warrant and cause the
person to be detained in custody, to be taken before a provincial
court judge in accordance with subsection (6). |
|
(5) If
a peace officer arrests a person without warrant in the circumstance
described in subparagraph (4)(a)(i), the peace officer shall,
within the time prescribed by paragraph (6)(a) or (b),
(a) lay an information in
accordance with subsection (2); or
(b) release the person. |
When
person to be taken before judge |
(6) A
person detained in custody shall be taken before a provincial court
judge in accordance with the following rules:
(a) if a provincial court judge is
available within a period of twenty-four hours after the person has
been arrested, the person shall be taken before a provincial court
judge without unreasonable delay and in any event within that
period, and
(b) if a provincial court judge is
not available within a period of twenty-four hours after the person
has been arrested, the person shall be taken before a provincial
court judge as soon as possible,
unless,
at any time before the expiry of the time prescribed in paragraph
(a) or (b) for taking the person before a
provincial court judge, the peace officer, or an officer in charge
within the meaning of Part XV, is satisfied that the person should
be released from custody unconditionally, and so releases the
person. |
|
(7)
When a person is taken before a provincial court judge under
subsection (6),
(a) if an information has not been
laid under subsection (2), the judge shall order that the person be
released; or
(b) if an information has been laid
under subsection (2),
(i)
the judge shall order that the person be released unless the peace
officer who laid the information shows cause why the detention of
the person in custody is justified on one or more of the following
grounds:
(A)
the detention is necessary to ensure the person’s appearance before
a provincial court judge in order to be dealt with in accordance
with subsection (8),
(B)
the detention is necessary for the protection or safety of the
public, including any witness, having regard to all the
circumstances including
(I)
the likelihood that, if the person is released from custody, a
terrorist activity will be carried out, and
(II)
any substantial likelihood that the person will, if released from
custody, interfere with the administration of justice, and
(C)
any other just cause and, without limiting the generality of the
foregoing, that the detention is necessary in order to maintain
confidence in the administration of justice, having regard to all
the circumstances, including the apparent strength of the peace
officer’s grounds under subsection (2), and the gravity of any
terrorist activity that may be carried out, and
(ii)
the judge may adjourn the matter for a hearing under subsection (8)
but, if the person is not released under subparagraph (i), the
adjournment may not exceed forty-eight hours. |
|
(8)
The provincial court judge before whom the person appears pursuant
to subsection (3)
(a) may, if satisfied by the
evidence adduced that the peace officer has reasonable grounds for
the suspicion, order that the person enter into a recognizance to
keep the peace and be of good behaviour for any period that does not
exceed twelve months and to comply with any other reasonable
conditions prescribed in the recognizance, including the conditions
set out in subsection (10), that the provincial court judge
considers desirable for preventing the carrying out of a terrorist
activity; and
(b) if the person was not released
under subparagraph (7)(b)(i), shall order that the person
be released, subject to the recognizance, if any, ordered under
paragraph (a). |
Refusal
to enter into recognizance |
(9)
The provincial court judge may commit the person to prison for a
term not exceeding twelve months if the person fails or refuses to
enter into the recognizance. |
|
(10)
Before making an order under paragraph (8)(a), the provincial court judge
shall consider whether it is desirable, in the interests of the
safety of the person or of any other person, to include as a
condition of the recognizance that the person be prohibited from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all of those things, for any period
specified in the recognizance, and where the provincial court judge
decides that it is so desirable, the provincial court judge shall
add such a condition to the recognizance. |
|
(11)
If the provincial court judge adds a condition described in
subsection (10) to a recognizance, the provincial court judge shall
specify in the recognizance the manner and method by which
(a) the things referred to in that
subsection that are in the possession of the person shall be
surrendered, disposed of, detained, stored or dealt with; and
(b) the authorizations, licences
and registration certificates held by the person shall be
surrendered. |
|
(12)
If the provincial court judge does not add a condition described in
subsection (10) to a recognizance, the provincial court judge shall
include in the record a statement of the reasons for not adding the
condition. |
|
(13)
The provincial court judge may, on application of the peace officer,
the Attorney General or the person, vary the conditions fixed in the
recognizance. |
Other
provisions to apply |
(14)
Subsections 810(4) and (5) apply, with any modifications that the
circumstances require, to proceedings under this section.
2001,
c. 41, s. 4. |
|
83.31 (1) The
Attorney General of Canada shall prepare and cause to be laid before
Parliament and the Attorney General of every province shall publish
or otherwise make available to the public an annual report for the
previous year on the operation of sections 83.28 and 83.29 that
includes
(a) the number of consents to make
an application that were sought, and the number that were obtained,
by virtue of subsections 83.28(2) and (3);
(b) the number of orders for the
gathering of information that were made under subsection 83.28(4);
and
(c) the number of arrests that were
made with a warrant issued under section 83.29. |
Annual
report (section 83.3) |
(2)
The Attorney General of Canada shall prepare and cause to be laid
before Parliament and the Attorney General of every province shall
publish or otherwise make available to the public an annual report
for the previous year on the operation of section 83.3 that
includes
(a) the number of consents to lay
an information that were sought, and the number that were obtained,
by virtue of subsections 83.3(1) and (2);
(b) the number of cases in which a
summons or a warrant of arrest was issued for the purposes of
subsection 83.3(3);
(c) the number of cases where a
person was not released under subsection 83.3(7) pending a
hearing;
(d) the number of cases in which an
order to enter into a recognizance was made under paragraph
83.3(8)(a), and the types of
conditions that were imposed;
(e) the number of times that a
person failed or refused to enter into a recognizance, and the term
of imprisonment imposed under subsection 83.3(9) in each case;
and
(f) the number of cases in which
the conditions fixed in a recognizance were varied under subsection
83.3(13). |
Annual
report (section 83.3) |
(3)
The Minister of Public Safety and Emergency Preparedness shall
prepare and cause to be laid before Parliament and the Minister
responsible for policing in every province shall publish or
otherwise make available to the public an annual report for the
previous year on the operation of section 83.3 that includes
(a) the number of arrests without
warrant that were made under subsection 83.3(4) and the period of
the arrested person’s detention in custody in each case; and
(b) the number of cases in which a
person was arrested without warrant under subsection 83.3(4) and was
released
(i) by
a peace officer under paragraph 83.3(5)(b), or
(ii)
by a judge under paragraph 83.3(7)(a). |
|
(4)
The annual report shall not contain any information the disclosure
of which would
(a) compromise or hinder an ongoing
investigation of an offence under an Act of Parliament;
(b) endanger the life or safety of
any person;
(c) prejudice a legal proceeding;
or
(d) otherwise be contrary to the
public interest.
2001,
c. 41, s. 4; 2005, c. 10, s. 34. |
|
83.32 (1)
Sections 83.28, 83.29 and 83.3 cease to apply at the end of the
fifteenth sitting day of Parliament after December 31, 2006 unless,
before the end of that day, the application of those sections is
extended by a resolution — the text of which is established under
subsection (2) — passed by both Houses of Parliament in accordance
with the rules set out in subsection (3). |
|
(2)
The Governor General in Council may, by order, establish the text of
a resolution providing for the extension of the application of
sections 83.28, 83.29 and 83.3 and specifying the period of the
extension, which may not exceed five years from the first day on
which the resolution has been passed by both Houses of
Parliament. |
|
(3) A
motion for the adoption of the resolution may be debated in both
Houses of Parliament but may not be amended. At the conclusion of
the debate, the Speaker of the House of Parliament shall immediately
put every question necessary to determine whether or not the motion
is concurred in. |
|
(4)
The application of sections 83.28, 83.29 and 83.3 may be further
extended in accordance with the procedure set out in this section,
with the words “December 31, 2006” in subsection (1) read as “the
expiration of the most recent extension under this
section”. |
Definition
of “sitting day of Parliament” |
(5) In
subsection (1), “sitting day of Parliament” means a day on which
both Houses of Parliament sit.
2001,
c. 41, s. 4. |
|
83.33 (1) In
the event that sections 83.28 and 83.29 cease to apply pursuant to
section 83.32, proceedings commenced under those sections shall be
completed if the hearing before the judge of the application made
under subsection 83.28(2) began before those sections ceased to
apply. |
|
(2) In
the event that section 83.3 ceases to apply pursuant to section
83.32, a person detained in custody under section 83.3 shall be
released when that section ceases to apply, except that subsections
83.3(7) to (14) continue to apply to a person who was taken before a
judge under subsection 83.3(6) before section 83.3 ceased to
apply.
2001,
c. 41, s. 4. |
|
PART
III
FIREARMS AND OTHER
WEAPONS |
|
|
|
84. (1) In
this Part and subsections 491(1), 515(4.1) and (4.11) and 810(3.1)
and (3.11), |
“ammunition”
« munitions » |
“ammunition” means a
cartridge containing a projectile designed to be discharged from a
firearm and, without restricting the generality of the foregoing,
includes a caseless cartridge and a shot shell; |
“antique firearm”
« arme à feu
historique » |
“antique firearm” means
(
a) any firearm manufactured
before 1898 that was not designed to discharge rim-fire or
centre-fire ammunition and that has not been redesigned to discharge
such ammunition, or
(
b) any firearm that is
prescribed to be an antique firearm; |
“authorization”
« autorisation » |
“authorization” means an
authorization issued under the Firearms Act; |
“automatic firearm”
« arme
automatique » |
“automatic firearm” means
a firearm that is capable of, or assembled or designed and
manufactured with the capability of, discharging projectiles in
rapid succession during one pressure of the trigger; |
“cartridge magazine”
« chargeur » |
“cartridge magazine” means
a device or container from which ammunition may be fed into the
firing chamber of a firearm; |
“chief firearms officer”
« contrôleur des armes à
feu » |
“chief
firearms officer” means a chief firearms officer as defined in
subsection 2(1) of the Firearms
Act; |
“Commissioner of Firearms”
« commissaire aux armes à
feu » |
“Commissioner of Firearms”
means the Commissioner of Firearms appointed under section 81.1 of
the Firearms Act ;
|
|
“cross-bow” means a device
with a bow and a bowstring mounted on a stock that is designed to
propel an arrow, a bolt, a quarrel or any similar projectile on a
trajectory guided by a barrel or groove and that is capable of
causing serious bodily injury or death to a person; |
|
“export” means export from
Canada and, for greater certainty, includes the exportation of goods
from Canada that are imported into Canada and shipped in transit
through Canada; |
“firearms officer”
« préposé aux armes à
feu » |
“firearms officer” means a
firearms officer as defined in subsection 2(1) of the Firearms Act; |
“handgun”
« arme de poing » |
“handgun” means a firearm
that is designed, altered or intended to be aimed and fired by the
action of one hand, whether or not it has been redesigned or
subsequently altered to be aimed and fired by the action of both
hands; |
“imitation firearm”
« fausse arme à
feu » |
“imitation firearm” means
any thing that imitates a firearm, and includes a replica firearm;
|
|
“import” means import into
Canada and, for greater certainty, includes the importation of goods
into Canada that are shipped in transit through Canada and exported
from Canada; |
|
“licence” means a licence
issued under the Firearms
Act; |
“prescribed”
Version anglaise seulement
|
“prescribed” means
prescribed by the regulations; |
“prohibited ammunition”
« munitions
prohibées » |
“prohibited ammunition”
means ammunition, or a projectile of any kind, that is prescribed to
be prohibited ammunition; |
“prohibited device”
« dispositif
prohibé » |
“prohibited device” means
(
a) any component or part of
a weapon, or any accessory for use with a weapon, that is prescribed
to be a prohibited device,
(
b) a handgun barrel that is
equal to or less than 105 mm in length, but does not include any
such handgun barrel that is prescribed, where the handgun barrel is
for use in international sporting competitions governed by the rules
of the International Shooting Union,
(
c) a device or contrivance
designed or intended to muffle or stop the sound or report of a
firearm,
(
d) a cartridge magazine that
is prescribed to be a prohibited device, or
(
e) a replica
firearm; |
“prohibited firearm”
« arme à feu
prohibée » |
“prohibited firearm” means
(
a) a handgun that
(i)
has a barrel equal to or less than 105 mm in length, or
(ii)
is designed or adapted to discharge a 25 or 32 calibre
cartridge,
but
does not include any such handgun that is prescribed, where the
handgun is for use in international sporting competitions governed
by the rules of the International Shooting Union,
(
b) a firearm that is adapted
from a rifle or shotgun, whether by sawing, cutting or any other
alteration, and that, as so adapted,
(i) is
less than 660 mm in length, or
(ii)
is 660 mm or greater in length and has a barrel less than 457 mm in
length,
(
c) an automatic firearm,
whether or not it has been altered to discharge only one projectile
with one pressure of the trigger, or
(
d) any firearm that is
prescribed to be a prohibited firearm; |
“prohibited weapon”
« arme prohibée » |
“prohibited weapon” means
(
a) a 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, or
(
b) any weapon, other than a
firearm, that is prescribed to be a prohibited weapon; |
“prohibition order”
« ordonnance
d’interdiction » |
“prohibition order” means
an order made under this Act or any other Act of Parliament
prohibiting a person from possessing any firearm, cross-bow,
prohibited weapon, restricted weapon, prohibited device, ammunition,
prohibited ammunition or explosive substance, or all such things;
|
“Registrar”
« directeur » |
“Registrar” means the
Registrar of Firearms appointed under section 82 of the Firearms Act; |
“registration certificate”
« certificat
d’enregistrement » |
“registration certificate”
means a registration certificate issued under the Firearms Act; |
“replica firearm”
« réplique » |
“replica firearm” means
any device that is designed or intended to exactly resemble, or to
resemble with near precision, a firearm, and that itself is not a
firearm, but does not include any such device that is designed or
intended to exactly resemble, or to resemble with near precision, an
antique firearm; |
“restricted firearm”
« arme à feu à autorisation
restreinte » |
“restricted firearm” means
(
a) a handgun that is not a
prohibited firearm,
(
b) a firearm that
(i) is
not a prohibited firearm,
(ii)
has a barrel less than 470 mm in length, and
(iii)
is capable of discharging centre-fire ammunition in a semi-automatic
manner,
(
c) a firearm that is
designed or adapted to be fired when reduced to a length of less
than 660 mm by folding, telescoping or otherwise, or
(
d) a firearm of any other
kind that is prescribed to be a restricted firearm; |
“restricted weapon”
« arme à autorisation
restreinte » |
“restricted weapon” means
any weapon, other than a firearm, that is prescribed to be a
restricted weapon; |
“superior court”
« cour
supérieure » |
“superior court” means
(
a) in Ontario, the Superior
Court of Justice, sitting in the region, district or county or group
of counties where the relevant adjudication was made,
(
b) in Quebec, the Superior
Court,
(
c) in New Brunswick,
Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,
(
d) in Nova Scotia, British
Columbia and a territory, the Supreme Court, and
(
e) in Prince Edward Island
and Newfoundland, the Trial Division of the Supreme Court; |
|
“transfer” means sell,
provide, barter, give, lend, rent, send, transport, ship, distribute
or deliver. |
|
(2)
For the purposes of this Part, the length of a barrel of a firearm
is
(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 does
not include the length of any component, part or accessory including
any component, part or accessory designed or intended to suppress
the muzzle flash or reduce recoil. |
Certain
weapons deemed not to be firearms |
(3)
For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and
117.03 of this Act and the provisions of the Firearms Act, the following
weapons are deemed not to be firearms:
(a) any antique firearm;
(b) any device that is
(i)
designed exclusively for signalling, for notifying of distress, for
firing blank cartridges or for firing stud cartridges,
explosive-driven rivets or other industrial projectiles, and
(ii)
intended by the person in possession of it to be used exclusively
for the purpose for which it is designed;
(c) any shooting device that is
(i)
designed exclusively for the slaughtering of domestic animals, the
tranquillizing of animals or the discharging of projectiles with
lines attached to them, and
(ii)
intended by the person in possession of it to be used exclusively
for the purpose for which it is designed; and
(
d) any other barrelled
weapon, where it is proved that the weapon is not designed or
adapted to discharge
(i) a
shot, bullet or other projectile at a muzzle velocity exceeding
152.4 m per second or at a muzzle energy exceeding 5.7 Joules,
or
(ii) a
shot, bullet or other projectile that is designed or adapted to
attain a velocity exceeding 152.4 m per second or an energy
exceeding 5.7 Joules. |
Exception
— antique firearms |
(3.1)
Notwithstanding subsection (3), an antique firearm is a firearm for
the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2)
of this Act. |
|
(4)
For the purposes of this Part, a person is the holder of
(a) an authorization or a licence
if the authorization or licence has been issued to the person and
the person continues to hold it; and
(b) a registration certificate for
a firearm if
(i)
the registration certificate has been issued to the person and the
person continues to hold it, or
(ii)
the person possesses the registration certificate with the
permission of its lawful holder.
R.S.,
1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F),
186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16;
2003, c. 8, s. 2. |
|
|
|
85. (1) Every
person commits an offence who uses a firearm
(a) while committing an indictable
offence, other than an offence under section 220 (criminal
negligence causing death), 236 (manslaughter), 239 (attempted
murder), 244 (causing bodily harm with intent — firearm), 272
(sexual assault with a weapon) or 273 (aggravated sexual assault),
subsection 279(1) (kidnapping) or section 279.1 (hostage-taking),
344 (robbery) or 346 (extortion),
(b) while attempting to commit an
indictable offence, or
(c) during flight after committing
or attempting to commit an indictable offence,
whether
or not the person causes or means to cause bodily harm to any person
as a result of using the firearm. |
Using
imitation firearm in commission of offence |
(2)
Every person commits an offence who uses an imitation firearm
(a) while committing an indictable
offence,
(b) while attempting to commit an
indictable offence, or
(c) during flight after committing
or attempting to commit an indictable offence,
whether
or not the person causes or means to cause bodily harm to any person
as a result of using the imitation firearm. |
|
(3)
Every person who commits an offence under subsection (1) or (2) is
guilty of an indictable offence and liable
(a) in the case of a first offence,
except as provided in paragraph (b), to imprisonment for a term not
exceeding fourteen years and to a minimum punishment of imprisonment
for a term of one year;
(b) in the case of a first offence
committed by a person who, before January 1, 1978, was convicted of
an indictable offence, or an attempt to commit an indictable
offence, in the course of which or during flight after the
commission or attempted commission of which the person used a
firearm, to imprisonment for a term not exceeding fourteen years and
to a minimum punishment of imprisonment for a term of three years;
and
(c) in the case of a second or
subsequent offence, to imprisonment for a term not exceeding
fourteen years and to a minimum punishment of imprisonment for a
term of three years. |
Sentences
to be served consecutively |
(4) A
sentence imposed on a person for an offence under subsection (1) or
(2) shall be served consecutively to any other punishment imposed on
the person for an offence arising out of the same event or series of
events and to any other sentence to which the person is subject at
the time the sentence is imposed on the person for an offence under
subsection (1) or (2).
R.S.,
1985, c. C-46, s. 85; 1995, c. 39, s. 139; 2003, c. 8, s.
3. |
|
86. (1) Every
person commits an offence who, without lawful excuse, uses, carries,
handles, ships, transports or stores a firearm, a prohibited weapon,
a restricted weapon, a prohibited device or any ammunition or
prohibited ammunition in a careless manner or without reasonable
precautions for the safety of other persons. |
Contravention
of storage regulations, etc. |
(2)
Every person commits an offence who contravenes a regulation made
under paragraph 117(h) of
the Firearms Act respecting
the storage, handling, transportation, shipping, display,
advertising and mail-order sales of firearms and restricted
weapons. |
|
(3)
Every person who commits an offence under subsection (1) or (2)
(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.
R.S.,
1985, c. C-46, s. 86; 1991, c. 40, s. 3; 1995, c. 39, s.
139. |
|
87. (1) Every
person commits an offence who, without lawful excuse, points a
firearm at another person, whether the firearm is loaded or
unloaded. |
|
(2)
Every person 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.
R.S.,
1985, c. C-46, s. 87; 1995, c. 39, s. 139. |
|
|
|
88. (1) Every
person commits an offence who carries or possesses a weapon, an
imitation of a weapon, a prohibited device or any ammunition or
prohibited ammunition for a purpose dangerous to the public peace or
for the purpose of committing an offence. |
|
(2)
Every person who commits an offence under subsection (1)
(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. 88; 1995, c. 39, s. 139. |
|
89. (1) Every
person commits an offence who, without lawful excuse, carries a
weapon, a prohibited device or any ammunition or prohibited
ammunition while the person is attending or is on the way to attend
a public meeting. |
|
(2)
Every person who commits an offence under subsection (1) is guilty
of an offence punishable on summary conviction.
R.S.,
1985, c. C-46, s. 89; 1995, c. 39, s. 139. |
|
90. (1) Every
person commits an offence who carries a weapon, a prohibited device
or any prohibited ammunition concealed, unless the person is
authorized under the Firearms
Act to carry it concealed. |
|
(2)
Every person 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.
R.S.,
1985, c. C-46, s. 90; 1991, c. 28, s. 6, c. 40, ss. 4, 35; 1994, c.
44, s. 6; 1995, c. 39, s. 139. |
|
91. (1)
Subject to subsections (4) and (5) and section 98, every person
commits an offence who possesses a firearm, unless the person is the
holder of
(a) a licence under which the
person may possess it; and
(b) a registration certificate for
the firearm. |
Unauthorized
possession of prohibited weapon or restricted weapon |
(2)
Subject to subsection (4) and section 98, every person commits an
offence who possesses a prohibited weapon, a restricted weapon, a
prohibited device, other than a replica firearm, or any prohibited
ammunition, unless the person is the holder of a licence under which
the person may possess it. |
|
(3)
Every person who commits an offence under subsection (1) or (2)
(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. |
|
(4)
Subsections (1) and (2) do not apply to
(a) a person who possesses a
firearm, a prohibited weapon, a restricted weapon, a prohibited
device or any prohibited ammunition while the person is under the
direct and immediate supervision of a person who may lawfully
possess it, for the purpose of using it in a manner in which the
supervising person may lawfully use it; or
(b) a person who comes into
possession of a firearm, a prohibited weapon, a restricted weapon, a
prohibited device or any prohibited ammunition by the operation of
law and who, within a reasonable period after acquiring possession
of it,
(i)
lawfully disposes of it, or
(ii)
obtains a licence under which the person may possess it and, in the
case of a firearm, a registration certificate for the
firearm. |
Borrowed
firearm for sustenance |
(5)
Subsection (1) does not apply to a person who possesses a firearm
that is neither a prohibited firearm nor a restricted firearm and
who is not the holder of a registration certificate for the firearm
if the person
(a) has borrowed the firearm;
(b) is the holder of a licence
under which the person may possess it; and
(c) is in possession of the firearm
to hunt or trap in order to sustain the person or the person’s
family.
R.S.,
1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c.
22, s. 10, c. 39, s. 139. |
|
92. (1)
Subject to subsections (4) and (5) and section 98, every person
commits an offence who possesses a firearm knowing that the person
is not the holder of
(a) a licence under which the
person may possess it; and
(b) a registration certificate for
the firearm. |
Possession
of prohibited weapon, device or ammunition knowing its possession is
unauthorized |
(2)
Subject to subsection (4) and section 98, every person commits an
offence who possesses a prohibited weapon, a restricted weapon, a
prohibited device, other than a replica firearm, or any prohibited
ammunition knowing that the person is not the holder of a licence
under which the person may possess it. |
|
(3)
Every person who commits an offence under subsection (1) or (2) is
guilty of an indictable offence and liable
(a) in the case of a first offence,
to imprisonment for a term not exceeding ten years;
(b) in the case of a second
offence, to imprisonment for a term not exceeding ten years and to a
minimum punishment of imprisonment for a term of one year; and
(c) in the case of a third or
subsequent offence, to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of two
years less a day. |
|
(4)
Subsections (1) and (2) do not apply to
(a) a person who possesses a
firearm, a prohibited weapon, a restricted weapon, a prohibited
device or any prohibited ammunition while the person is under the
direct and immediate supervision of a person who may lawfully
possess it, for the purpose of using it in a manner in which the
supervising person may lawfully use it; or
(b) a person who comes into
possession of a firearm, a prohibited weapon, a restricted weapon, a
prohibited device or any prohibited ammunition by the operation of
law and who, within a reasonable period after acquiring possession
of it,
(i)
lawfully disposes of it, or
(ii)
obtains a licence under which the person may possess it and, in the
case of a firearm, a registration certificate for the
firearm. |
Borrowed
firearm for sustenance |
(5)
Subsection (1) does not apply to a person who possesses a firearm
that is neither a prohibited firearm nor a restricted firearm and
who is not the holder of a registration certificate for the firearm
if the person
(a) has borrowed the firearm;
(b) is the holder of a licence
under which the person may possess it; and
(c) is in possession of the firearm
to hunt or trap in order to sustain the person or the person’s
family. |
Evidence
for previous conviction |
(6)
Where a person is charged with an offence under subsection (1),
evidence that the person was convicted of an offence under
subsection 112(1) of the Firearms
Act is admissible at any stage of the proceedings and may be
taken into consideration for the purpose of proving that the person
knew that the person was not the holder of a registration
certificate for the firearm to which the offence relates.
R.S.,
1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c.
40, s. 7; 1995, c. 39, s. 139. |
|
93. (1)
Subject to subsection (3) and section 98, every person commits an
offence who, being the holder of an authorization or a licence under
which the person may possess a firearm, a prohibited weapon, a
restricted weapon, a prohibited device or prohibited ammunition,
possesses the firearm, prohibited weapon, restricted weapon,
prohibited device or prohibited ammunition at a place that is
(a) indicated on the authorization
or licence as being a place where the person may not possess it;
(b) other than a place indicated on
the authorization or licence as being a place where the person may
possess it; or
(c) other than a place where it may
be possessed under the Firearms
Act. |
|
(2)
Every person 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. |
|
(3)
Subsection (1) does not apply to a person who possesses a replica
firearm.
R.S.,
1985, c. C-46, s. 93; 1991, c. 40, s. 8; 1995, c. 39, s.
139. |
|
94. (1)
Subject to subsections (3) to (5) and section 98, every person
commits an offence who is an occupant of a motor vehicle in which
the person knows there is a firearm, a prohibited weapon, a
restricted weapon, a prohibited device, other than a replica
firearm, or any prohibited ammunition, unless
(a) in the case of a firearm,
(i)
the person or any other occupant of the motor vehicle is the holder
of
(A) an
authorization or a licence under which the person or other occupant
may possess the firearm and, in the case of a prohibited firearm or
a restricted firearm, transport the prohibited firearm or restricted
firearm, and
(B) a
registration certificate for the firearm,
(ii)
the person had reasonable grounds to believe that any other occupant
of the motor vehicle was the holder of
(A) an
authorization or a licence under which that other occupant may
possess the firearm and, in the case of a prohibited firearm or a
restricted firearm, transport the prohibited firearm or restricted
firearm, and
(B) a
registration certificate for the firearm, or
(iii)
the person had reasonable grounds to believe that any other occupant
of the motor vehicle was a person who could not be convicted of an
offence under this Act by reason of sections 117.07 to 117.1 or any
other Act of Parliament; and
(b) in the case of a prohibited
weapon, a restricted weapon, a prohibited device or any prohibited
ammunition,
(i)
the person or any other occupant of the motor vehicle is the holder
of an authorization or a licence under which the person or other
occupant may transport the prohibited weapon, restricted weapon,
prohibited device or prohibited ammunition, or
(ii)
the person had reasonable grounds to believe that any other occupant
of the motor vehicle was
(A)
the holder of an authorization or a licence under which the other
occupant may transport the prohibited weapon, restricted weapon,
prohibited device or prohibited ammunition, or
(B) a
person who could not be convicted of an offence under this Act by
reason of sections 117.07 to 117.1 or any other Act of
Parliament. |
|
(2)
Every person who commits an offence under subsection (1)
(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. |
|
(3)
Subsection (1) does not apply to an occupant of a motor vehicle who,
on becoming aware of the presence of the firearm, prohibited weapon,
restricted weapon, prohibited device or prohibited ammunition in the
motor vehicle, attempted to leave the motor vehicle, to the extent
that it was feasible to do so, or actually left the motor
vehicle. |
|
(4)
Subsection (1) does not apply to an occupant of a motor vehicle
where the occupant or any other occupant of the motor vehicle is a
person who came into possession of the firearm, prohibited weapon,
restricted weapon, prohibited device or prohibited ammunition by the
operation of law. |
Borrowed
firearm for sustenance |
(5)
Subsection (1) does not apply to an occupant of a motor vehicle
where the occupant or any other occupant of the motor vehicle is a
person who possesses a firearm that is neither a prohibited firearm
nor a restricted firearm and who is not the holder of a registration
certificate for the firearm if the person
(a) has borrowed the firearm;
(b) is the holder of a licence
under which the person may possess it; and
(c) is in possession of the firearm
to hunt or trap in order to sustain the person or the person’s
family.
R.S.,
1985, c. C-46, s. 94; 1995, c. 39, s. 139. |
|
95. (1)
Subject to subsection (3) and section 98, every person commits an
offence who, in any place, possesses a loaded prohibited firearm or
restricted firearm, or an unloaded prohibited firearm or restricted
firearm together with readily accessible ammunition that is capable
of being discharged in the firearm, unless the person is the holder
of
(a) an authorization or a licence
under which the person may possess the firearm in that place;
and
(b) the registration certificate
for the firearm. |
|
(2)
Every person who commits an offence under subsection (1)
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of one
year; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding one year. |
|
(3)
Subsection (1) does not apply to a person who is using the firearm
under the direct and immediate supervision of another person who is
lawfully entitled to possess it and is using the firearm in a manner
in which that other person may lawfully use it.
R.S.,
1985, c. C-46, s. 95; 1991, c. 28, s. 8, c. 40, ss. 9, 37; 1993, c.
25, s. 93; 1995, c. 39, s. 139. |
|
96. (1)
Subject to subsection (3), every person commits an offence who
possesses a firearm, a prohibited weapon, a restricted weapon, a
prohibited device or any prohibited ammunition that the person knows
was obtained by the commission in Canada of an offence or by an act
or omission anywhere that, if it had occurred in Canada, would have
constituted an offence. |
|
(2)
Every person who commits an offence under subsection (1)
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of one
year; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding one year. |
|
(3)
Subsection (1) does not apply to a person who comes into possession
of anything referred to in that subsection by the operation of law
and who lawfully disposes of it within a reasonable period after
acquiring possession of it.
R.S.,
1985, c. C-46, s. 96; 1995, c. 39, s. 139. |
|
97. [Not in
force]
R.S.,
1985, c. C-46, s. 97; 1991, c. 40, ss. 10, 38. |
|
98. (1) Every
person who, immediately before the coming into force of any of
subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a
firearm without a firearms acquisition certificate because
(a) the person possessed the
firearm before January 1, 1979, or
(b) the firearms acquisition
certificate under which the person had acquired the firearm had
expired,
shall be
deemed for the purposes of that subsection to be, until January 1,
2001 or such other earlier date as is prescribed, the holder of a
licence under which the person may possess the firearm. |
|
(2)
Every person who, immediately before the coming into force of any of
subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a
firearm and was the holder of a firearms acquisition certificate
shall be deemed for the purposes of that subsection to be, until
January 1, 2001 or such other earlier date as is prescribed, the
holder of a licence under which the person may possess the
firearm. |
Transitional
— registration certificates |
(3)
Every person who, at any particular time between the coming into
force of subsection 91(1), 92(1) or 94(1) and the later of January
1, 1998 and such other date as is prescribed, possesses a firearm
that, as of that particular time, is not a prohibited firearm or a
restricted firearm shall be deemed for the purposes of that
subsection to be, until January 1, 2003 or such other earlier date
as is prescribed, the holder of a registration certificate for that
firearm.
R.S.,
1985, c. C-46, s. 98; R.S., 1985, c. 27 (1st Supp.), s. 13; 1991, c.
40, s. 11; 1995, c. 39, s. 139. |
|
|
|
99. (1) Every
person commits an offence who
(a) manufactures or transfers,
whether or not for consideration, or
(b) offers to do anything referred
to in paragraph (a) in
respect of
a
firearm, a prohibited weapon, a restricted weapon, a prohibited
device, any ammunition or any prohibited ammunition knowing that the
person is not authorized to do so under the Firearms Act or any other Act of
Parliament or any regulations made under any Act of
Parliament. |
|
(2)
Every person who commits an offence under subsection (1) is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding ten years and to a minimum punishment of imprisonment for
a term of one year.
R.S.,
1985, c. C-46, s. 99; 1995, c. 39, s. 139. |
|
100. (1)
Every person commits an offence who possesses a firearm, a
prohibited weapon, a restricted weapon, a prohibited device, any
ammunition or any prohibited ammunition for the purpose of
(a) transferring it, whether or not
for consideration, or
(b) offering to transfer it,
knowing
that the person is not authorized to transfer it under the Firearms Act or any other Act of
Parliament or any regulations made under any Act of
Parliament. |
|
(2)
Every person who commits an offence under subsection (1) is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding ten years and to a minimum punishment of imprisonment for
a term of one year.
R.S.,
1985, c. C-46, s. 100; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27
(1st Supp.), ss. 14, 203, 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; 1995, c. 22, ss. 10, 18(F), c. 39, s. 139;
1996, c. 19, s. 65. |
|
101. (1)
Every person commits an offence who transfers a firearm, a
prohibited weapon, a restricted weapon, a prohibited device, any
ammunition or any prohibited ammunition to any person otherwise than
under the authority of the Firearms
Act or any other Act of Parliament or any regulations made
under an Act of Parliament. |
|
(2)
Every person 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.
R.S.,
1985, c. C-46, s. 101; 1991, c. 40, s. 13; 1995, c. 39, s.
139. |
|
|
|
102. (1)
Every person commits an offence who, without lawful excuse, alters a
firearm so that it is capable of, or manufactures or assembles any
firearm that is capable of, discharging projectiles in rapid
succession during one pressure of the trigger. |
|
(2)
Every person who commits an offence under subsection (1)
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of one
year; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding one year.
R.S.,
1985, c. C-46, s. 102; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991,
c. 28, s. 9, c. 40, s. 14; 1995, c. 39, s. 139. |
|
Export
and Import Offences |
|
103. (1)
Every person commits an offence who imports or exports
(a) a firearm, a prohibited weapon,
a restricted weapon, a prohibited device or any prohibited
ammunition, or
(b) any component or part designed
exclusively for use in the manufacture of or assembly into an
automatic firearm,
knowing
that the person is not authorized to do so under the Firearms Act or any other Act of
Parliament or any regulations made under an Act of
Parliament. |
|
(2)
Every person who commits an offence under subsection (1) is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding ten years and to a minimum punishment of imprisonment for
a term of one year. |
Attorney
General of Canada may act |
(3)
Any proceedings in respect of an offence under subsection (1) may be
commenced at the instance of the Government of Canada and conducted
by or on behalf of that government.
R.S.,
1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s.
139. |
|
104. (1)
Every person commits an offence who imports or exports
(a) a firearm, a prohibited weapon,
a restricted weapon, a prohibited device or any prohibited
ammunition, or
(b) any component or part designed
exclusively for use in the manufacture of or assembly into an
automatic firearm,
otherwise
than under the authority of the Firearms Act or any other Act of
Parliament or any regulations made under an Act of
Parliament. |
|
(2)
Every person 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. |
Attorney
General of Canada may act |
(3)
Any proceedings in respect of an offence under subsection (1) may be
commenced at the instance of the Government of Canada and conducted
by or on behalf of that government.
R.S.,
1985, c. C-46, s. 104; 1991, c. 40, s. 16; 1995, c. 39, s.
139. |
|
Offences
relating to Lost, Destroyed or Defaced Weapons, etc. |
|
105. (1)
Every person commits an offence who
(a) having lost a firearm, a
prohibited weapon, a restricted weapon, a prohibited device, any
prohibited ammunition, an authorization, a licence or a registration
certificate, or having had it stolen from the person’s possession,
does not with reasonable despatch report the loss to a peace
officer, to a firearms officer or a chief firearms officer; or
(b) on finding a firearm, a
prohibited weapon, a restricted weapon, a prohibited device or any
prohibited ammunition that the person has reasonable grounds to
believe has been lost or abandoned, does not with reasonable
despatch deliver it to a peace officer, a firearms officer or a
chief firearms officer or report the finding to a peace officer, a
firearms officer or a chief firearms officer. |
|
(2)
Every person 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.
R.S.,
1985, c. C-46, s. 105; 1991, c. 28, s. 10, c. 40, ss. 18, 39; 1994,
c. 44, s. 7; 1995, c. 39, s. 139. |
|
106. (1)
Every person commits an offence who
(a) after destroying any firearm,
prohibited weapon, restricted weapon, prohibited device or
prohibited ammunition, or
(b) on becoming aware of the
destruction of any firearm, prohibited weapon, restricted weapon,
prohibited device or prohibited ammunition that was in the person’s
possession before its destruction,
does not
with reasonable despatch report the destruction to a peace officer,
firearms officer or chief firearms officer. |
|
(2)
Every person 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.
R.S.,
1985, c. C-46, s. 106; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991,
c. 40, s. 19; 1995, c. 22, s. 10, c. 39, s. 139. |
|
107. (1)
Every person commits an offence who knowingly makes, before a peace
officer, firearms officer or chief firearms officer, a false report
or statement concerning the loss, theft or destruction of a firearm,
a prohibited weapon, a restricted weapon, a prohibited device, any
prohibited ammunition, an authorization, a licence or a registration
certificate. |
|
(2)
Every person 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. |
Definition
of “report” or “statement” |
(3) In
this section, “report” or “statement” means an assertion of fact,
opinion, belief or knowledge, whether material or not and whether
admissible or not.
R.S.,
1985, c. C-46, s. 107; 1991, c. 40, s. 20; 1995, c. 39, s.
139. |
|
108. (1)
Every person commits an offence who, without lawful excuse, the
proof of which lies on the person,
(a) alters, defaces or removes a
serial number on a firearm; or
(b) possesses a firearm knowing
that the serial number on it has been altered, defaced or
removed. |
|
(2)
Every person 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. |
|
(3) No
person is guilty of an offence under paragraph (1)(b) by reason only of possessing a
firearm the serial number on which has been altered, defaced or
removed, where that serial number has been replaced and a
registration certificate in respect of the firearm has been issued
setting out a new serial number for the firearm. |
|
(4) In
proceedings for an offence under subsection (1), evidence that a
person possesses a firearm the serial number on 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 on
it has been altered, defaced or removed.
R.S.,
1985, c. C-46, s. 108; 1991, c. 40, s. 20; 1995, c. 39, s.
139. |
|
|
|
109. (1)
Where a person is convicted, or discharged under section 730, of
(a) an indictable offence in the
commission of which violence against a person was used, threatened
or attempted and for which the person may be sentenced to
imprisonment for ten years or more,
(b) an offence under subsection
85(1) (using firearm in commission of offence), subsection 85(2)
(using imitation firearm in commission of offence), 95(1)
(possession of prohibited or restricted firearm with ammunition),
99(1) (weapons trafficking), 100(1) (possession for purpose of
weapons trafficking), 102(1) (making automatic firearm), 103(1)
(importing or exporting knowing it is unauthorized) or section 264
(criminal harassment),
(c) an offence relating to the
contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the
Controlled Drugs and Substances
Act, or
(d) an offence that involves, or
the subject-matter of which is, a firearm, a cross-bow, a prohibited
weapon, a restricted weapon, a prohibited device, any ammunition,
any prohibited ammunition or an explosive substance and, at the time
of the offence, the person was prohibited by any order made under
this Act or any other Act of Parliament from possessing any such
thing,
the
court that sentences the person or directs that the person be
discharged, as the case may be, shall, in addition to any other
punishment that may be imposed for that offence or any other
condition prescribed in the order of discharge, make an order
prohibiting the person from possessing any firearm, cross-bow,
prohibited weapon, restricted weapon, prohibited device, ammunition,
prohibited ammunition and explosive substance during the period
specified in the order as determined in accordance with subsection
(2) or (3), as the case may be. |
Duration
of prohibition order — first offence |
(2) An
order made under subsection (1) shall, in the case of a first
conviction for or discharge from the offence to which the order
relates, prohibit the person from possessing
(a) any firearm, other than a
prohibited firearm or restricted firearm, and any crossbow,
restricted weapon, ammunition and explosive substance during the
period that
(i)
begins on the day on which the order is made, and
(ii)
ends not earlier than ten years after the person’s release from
imprisonment after conviction for the offence or, if the person is
not then imprisoned or subject to imprisonment, after the person’s
conviction for or discharge from the offence; and
(b) any prohibited firearm,
restricted firearm, prohibited weapon, prohibited device and
prohibited ammunition for life. |
Duration
of prohibition order — subsequent offences |
(3) An
order made under subsection (1) shall, in any case other than a case
described in subsection (2), prohibit the person from possessing any
firearm, cross-bow, restricted weapon, ammunition and explosive
substance for life. |
Definition
of “release from imprisonment” |
(4) In
subparagraph (2)(a)(ii),
“release from imprisonment” means release from confinement by reason
of expiration of sentence, commencement of statutory release or
grant of parole. |
Application
of ss. 113 to 117 |
(5)
Sections 113 to 117 apply in respect of every order made under
subsection (1).
R.S.,
1985, c. C-46, s. 109; R.S., 1985, c. 27 (1st Supp.), s. 185(F);
1991, c. 40, s. 21; 1995, c. 39, ss. 139, 190; 1996, c. 19, s. 65.1;
2003, c. 8, s. 4. |
|
110. (1)
Where a person is convicted, or discharged under section 730, of
(a) an offence, other than an
offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which
violence against a person was used, threatened or attempted, or
(b) an offence that involves, or
the subject-matter of which is, a firearm, a cross-bow, a prohibited
weapon, a restricted weapon, a prohibited device, ammunition,
prohibited ammunition or an explosive substance and, at the time of
the offence, the person was not prohibited by any order made under
this Act or any other Act of Parliament from possessing any such
thing,
the
court that sentences the person or directs that the person be
discharged, as the case may be, shall, in addition to any other
punishment that may be imposed for that offence or any other
condition prescribed in the order of discharge, consider whether it
is desirable, in the interests of the safety of the person or of any
other person, to make an order prohibiting the person from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all such things, and where the court decides
that it is so desirable, the court shall so order. |
Duration
of prohibition order |
(2) An
order made under subsection (1) against a person begins on the day
on which the order is made and ends not later than ten years after
the person’s release from imprisonment after conviction for the
offence to which the order relates or, if the person is not then
imprisoned or subject to imprisonment, after the person’s conviction
for or discharge from the offence. |
|
(3)
Where the court does not make an order under subsection (1), or
where the court does make such an order but does not prohibit the
possession of everything referred to in that subsection, the court
shall include in the record a statement of the court’s reasons for
not doing so. |
Definition
of “release from imprisonment” |
(4) In
subsection (2), “release from imprisonment” means release from
confinement by reason of expiration of sentence, commencement of
statutory release or grant of parole. |
Application
of ss. 113 to 117 |
(5)
Sections 113 to 117 apply in respect of every order made under
subsection (1).
R.S.,
1985, c. C-46, s. 110; 1991, c. 40, ss. 23, 40; 1995, c. 39, ss.
139, 190. |
|
111. (1) A
peace officer, firearms officer or chief firearms officer may apply
to a provincial court judge for an order prohibiting a person from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all such things, where the peace officer,
firearms officer or chief firearms officer believes on reasonable
grounds that it is not desirable in the interests of the safety of
the person against whom the order is sought or of any other person
that the person against whom the order is sought should possess any
such thing. |
Date
for hearing and notice |
(2) On
receipt of an application made under subsection (1), the provincial
court judge shall fix a date for the hearing of the application and
direct that notice of the hearing be given, in such manner as the
provincial court judge may specify, to the person against whom the
order is sought. |
|
(3)
Subject to subsection (4), at the hearing of an application made
under subsection (1), the provincial court judge shall hear all
relevant evidence presented by or on behalf of the applicant and the
person against whom the order is sought. |
Where
hearing may proceed ex parte
|
(4) A
provincial court judge may proceed ex parte to hear and determine an
application made under subsection (1) in the absence of the person
against whom the order is sought in the same circumstances as those
in which a summary conviction court may, under Part XXVII, proceed
with a trial in the absence of the defendant. |
|
(5)
Where, at the conclusion of a hearing of an application made under
subsection (1), the provincial court judge is satisfied that the
circumstances referred to in that subsection exist, the provincial
court judge shall make an order prohibiting the person from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all such things, for such period, not
exceeding five years, as is specified in the order, beginning on the
day on which the order is made. |
|
(6)
Where a provincial court judge does not make an order under
subsection (1), or where a provincial court judge does make such an
order but does not prohibit the possession of everything referred to
in that subsection, the provincial court judge shall include in the
record a statement of the court’s reasons. |
Application
of ss. 113 to 117 |
(7)
Sections 113 to 117 apply in respect of every order made under
subsection (5). |
Appeal
by person or Attorney General |
(8)
Where a provincial court judge makes an order under subsection (5),
the person to whom the order relates, or the Attorney General, may
appeal to the superior court against the order. |
Appeal
by Attorney General |
(9)
Where a provincial court judge does not make an order under
subsection (5), the Attorney General may appeal to the superior
court against the decision not to make an order. |
Application
of Part XXVII to appeals |
(10)
The provisions of Part XXVII, except sections 785 to 812, 816 to 819
and 829 to 838, apply in respect of an appeal made under subsection
(8) or (9), with such modifications as the circumstances require and
as if each reference in that Part to the appeal court were a
reference to the superior court. |
Definition
of “provincial court judge” |
(11)
In this section and sections 112, 117.011 and 117.012, “provincial
court judge” means a provincial court judge having jurisdiction in
the territorial division where the person against whom the
application for an order was brought resides.
R.S.,
1985, c. C-46, s. 111; 1991, c. 40, s. 24; 1995, c. 39, s.
139. |
|
112. A
provincial court judge may, on application by the person against
whom an order is made under subsection 111(5), revoke the order if
satisfied that the circumstances for which it was made have ceased
to exist.
R.S.,
1985, c. C-46, s. 112; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991,
c. 40, s. 26; 1995, c. 39, s. 139. |
|
113. (1)
Where a person who is or will be a person against whom a prohibition
order is made establishes to the satisfaction of a competent
authority that
(a) the person needs a firearm or
restricted weapon to hunt or trap in order to sustain the person or
the person’s family, or
(b) a prohibition order against the
person would constitute a virtual prohibition against employment in
the only vocation open to the person,
the
competent authority may, notwithstanding that the person is or will
be subject to a prohibition order, make an order authorizing a chief
firearms officer or the Registrar to issue, in accordance with such
terms and conditions as the competent authority considers
appropriate, an authorization, a licence or a registration
certificate, as the case may be, to the person for sustenance or
employment purposes. |
|
(2) A
competent authority may make an order under subsection (1) only
after taking the following factors into account:
(a) the criminal record, if any, of
the person;
(b) the nature and circumstances of
the offence, if any, in respect of which the prohibition order was
or will be made; and
(c) the safety of the person and of
other persons. |
|
(3)
Where an order is made under subsection (1),
(a) an authorization, a licence or
a registration certificate may not be denied to the person in
respect of whom the order was made solely on the basis of a
prohibition order against the person or the commission of an offence
in respect of which a prohibition order was made against the person;
and
(b) an authorization and a licence
may, for the duration of the order, be issued to the person in
respect of whom the order was made only for sustenance or employment
purposes and, where the order sets out terms and conditions, only in
accordance with those terms and conditions, but, for greater
certainty, the authorization or licence may also be subject to terms
and conditions set by the chief firearms officer that are not
inconsistent with the purpose for which it is issued and any terms
and conditions set out in the order. |
|
(4)
For greater certainty, an order under subsection (1) may be made
during proceedings for an order under subsection 109(1), 110(1),
111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3). |
Meaning
of “competent authority” |
(5) In
this section, “competent authority” means the competent authority
that made or has jurisdiction to make the prohibition order.
R.S.,
1985, c. C-46, s. 113; 1991, c. 40, s. 27(E); 1995, c. 22, s. 10, c.
39, ss. 139, 190. |
|
114. A
competent authority that makes a prohibition order against a person
may, in the order, require the person to surrender to a peace
officer, a firearms officer or a chief firearms officer
(a) any thing the possession of
which is prohibited by the order that is in the possession of the
person on the commencement of the order, and
(b) every authorization, licence
and registration certificate relating to any thing the possession of
which is prohibited by the order that is held by the person on the
commencement of the order,
and
where the competent authority does so, it shall specify in the order
a reasonable period for surrendering such things and documents and
during which section 117.01 does not apply to that person.
R.S.,
1985, c. C-46, s. 114; R.S., 1985, c. 27 (1st Supp.), s. 203; 1995,
c. 22, s. 10, c. 39, s. 139. |
|
115. (1)
Unless a prohibition order against a person specifies otherwise,
every thing the possession of which is prohibited by the order that,
on the commencement of the order, is in the possession of the person
is forfeited to Her Majesty. |
|
(1.1)
Subsection (1) does not apply in respect of an order made under
section 515. |
|
(2)
Every thing forfeited to Her Majesty under subsection (1) shall be
disposed of or otherwise dealt with as the Attorney General
directs.
R.S.,
1985, c. C-46, s. 115; 1995, c. 39, s. 139; 2003, c. 8, s.
5. |
|
116. (1)
Subject to subsection (2), every authorization, licence and
registration certificate relating to any thing the possession of
which is prohibited by a prohibition order and issued to a person
against whom the prohibition order is made is, on the commencement
of the prohibition order, revoked, or amended, as the case may be,
to the extent of the prohibitions in the order. |
Duration
of revocation or amendment — orders under section 515 |
(2) An
authorization, a licence and a registration certificate relating to
a thing the possession of which is prohibited by an order made under
section 515 is revoked, or amended, as the case may be, only in
respect of the period during which the order is in force.
R.S.,
1985, c. C-46, s. 116; 1991, c. 28, s. 11, c. 40, ss. 28, 41; 1995,
c. 39, s. 139; 2003, c. 8, s. 6. |
|
117. Where
the competent authority that makes a prohibition order or that would
have had jurisdiction to make the order is, on application for an
order under this section, satisfied that a person, other than the
person against whom a prohibition order was or will be made,
(a) is the owner of any thing that
is or may be forfeited to Her Majesty under subsection 115(1) and is
lawfully entitled to possess it, and
(b) in the case of a prohibition
order under subsection 109(1) or 110(1), had no reasonable grounds
to believe that the thing would or might be used in the commission
of the offence in respect of which the prohibition order was
made,
the
competent authority shall order that the thing be returned to the
owner or the proceeds of any sale of the thing be paid to that owner
or, if the thing was destroyed, that an amount equal to the value of
the thing be paid to the owner.
R.S.,
1985, c. C-46, s. 117; 1991, c. 40, s. 29; 1995, c. 39, s.
139. |
|
117.01 (1)
Subject to subsection (4), every person commits an offence who
possesses a firearm, a cross-bow, a prohibited weapon, a restricted
weapon, a prohibited device, any ammunition, any prohibited
ammunition or an explosive substance while the person is prohibited
from doing so by any order made under this Act or any other Act of
Parliament. |
Failure
to surrender authorization, etc. |
(2)
Every person commits an offence who wilfully fails to surrender to a
peace officer, a firearms officer or a chief firearms officer any
authorization, licence or registration certificate held by the
person when the person is required to do so by any order made under
this Act or any other Act of Parliament. |
|
(3)
Every person who commits an offence under subsection (1) or (2)
(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. |
|
(4)
Subsection (1) does not apply to a person who possessed a firearm in
accordance with an authorization or licence issued to the person as
the result of an order made under subsection 113(1).
1995,
c. 39, s. 139. |
|
|
|
117.011 (1) A
peace officer, firearms officer or chief firearms officer may apply
to a provincial court judge for an order under this section where
the peace officer, firearms officer or chief firearms officer
believes on reasonable grounds that
(a) the person against whom the
order is sought cohabits with, or is an associate of, another person
who is prohibited by any order made under this Act or any other Act
of Parliament from possessing any firearm, cross-bow, prohibited
weapon, restricted weapon, prohibited device, ammunition, prohibited
ammunition or explosive substance, or all such things; and
(b) the other person would or might
have access to any such thing that is in the possession of the
person against whom the order is sought. |
Date
for hearing and notice |
(2) On
receipt of an application made under subsection (1), the provincial
court judge shall fix a date for the hearing of the application and
direct that notice of the hearing be given, in such manner as the
provincial court judge may specify, to the person against whom the
order is sought. |
|
(3)
Subject to subsection (4), at the hearing of an application made
under subsection (1), the provincial court judge shall hear all
relevant evidence presented by or on behalf of the applicant and the
person against whom the order is sought. |
Where
hearing may proceed ex parte
|
(4) A
provincial court judge may proceed ex parte to hear and determine an
application made under subsection (1) in the absence of the person
against whom the order is sought in the same circumstances as those
in which a summary conviction court may, under Part XXVII, proceed
with a trial in the absence of the defendant. |
|
(5)
Where, at the conclusion of a hearing of an application made under
subsection (1), the provincial court judge is satisfied that the
circumstances referred to in that subsection exist, the provincial
court judge shall make an order in respect of the person against
whom the order was sought imposing such terms and conditions on the
person’s use and possession of anything referred to in subsection
(1) as the provincial court judge considers appropriate. |
|
(6) In
determining terms and conditions under subsection (5), the
provincial court judge shall impose terms and conditions that are
the least intrusive as possible, bearing in mind the purpose of the
order. |
Appeal
by person or Attorney General |
(7)
Where a provincial court judge makes an order under subsection (5),
the person to whom the order relates, or the Attorney General, may
appeal to the superior court against the order. |
Appeal
by Attorney General |
(8)
Where a provincial court judge does not make an order under
subsection (5), the Attorney General may appeal to the superior
court against the decision not to make an order. |
Application
of Part XXVII to appeals |
(9)
The provisions of Part XXVII, except sections 785 to 812, 816 to 819
and 829 to 838, apply in respect of an appeal made under subsection
(7) or (8), with such modifications as the circumstances require and
as if each reference in that Part to the appeal court were a
reference to the superior court.
1995,
c. 39, s. 139. |
|
117.012 A
provincial court judge may, on application by the person against
whom an order is made under subsection 117.011(5), revoke the order
if satisfied that the circumstances for which it was made have
ceased to exist.
1995,
c. 39, s. 139. |
|
|
|
117.02 (1)
Where a peace officer believes on reasonable grounds
(a) that a weapon, an imitation
firearm, a prohibited device, any ammunition, any prohibited
ammunition or an explosive substance was used in the commission of
an offence, or
(b) that an offence is being
committed, or has been committed, under any provision of this Act
that involves, or the subject-matter of which is, a firearm, an
imitation firearm, a cross-bow, a prohibited weapon, a restricted
weapon, a prohibited device, ammunition, prohibited ammunition or an
explosive substance,
and
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 seize any thing by means of
or in relation to which that peace officer believes on reasonable
grounds the offence is being committed or has been
committed. |
Disposition
of seized things |
(2)
Any thing seized pursuant to subsection (1) shall be dealt with in
accordance with sections 490 and 491.
1995,
c. 39, s. 139. |
|
117.03 (1)
Notwithstanding section 117.02, a peace officer who finds
(a) a person in possession of a
firearm who fails, on demand, to produce, for inspection by the
peace officer, an authorization or a licence under which the person
may lawfully possess the firearm and a registration certificate for
the firearm, or
(b) a person in possession of a
prohibited weapon, a restricted weapon, a prohibited device or any
prohibited ammunition who fails, on demand, to produce, for
inspection by the peace officer, an authorization or a licence under
which the person may lawfully possess it,
may
seize the firearm, prohibited weapon, restricted weapon, prohibited
device or prohibited ammunition unless its possession by the person
in the circumstances in which it is found is authorized by any
provision of this Part, or the person is under the direct and
immediate supervision of another person who may lawfully possess
it. |
Return
of seized thing on production of authorization |
(2)
Where a person from whom any thing is seized pursuant to subsection
(1) claims the thing within fourteen days after the seizure and
produces for inspection by the peace officer by whom it was seized,
or any other peace officer having custody of it,
(a) an authorization or a licence
under which the person is lawfully entitled to possess it, and
(b) in the case of a firearm, a
registration certificate for the firearm,
the
thing shall forthwith be returned to that person. |
Forfeiture
of seized thing |
(3)
Where any thing seized pursuant to subsection (1) is not claimed and
returned as and when provided by subsection (2), a peace officer
shall forthwith take the thing before a provincial court judge, who
may, after affording the person from whom it was seized or its
owner, if known, an opportunity to establish that the person is
lawfully entitled to possess it, declare it to be forfeited to Her
Majesty, to be disposed of or otherwise dealt with as the Attorney
General directs.
1995,
c. 39, s. 139. |
|
117.04 (1)
Where, pursuant to an application made by a peace officer with
respect to any person, a justice is satisfied by information on oath
that there are reasonable grounds to believe that the person
possesses a weapon, a prohibited device, ammunition, prohibited
ammunition or an explosive substance in a building, receptacle or
place and that it is not desirable in the interests of the safety of
the person, or of any other person, for the person to possess the
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, the justice may issue a warrant authorizing a
peace officer to search the building, receptacle or place and seize
any such thing, and any authorization, licence or registration
certificate relating to any such thing, that is held by or in the
possession of the person. |
Search
and seizure without warrant |
(2)
Where, with respect to any person, a peace officer is satisfied that
there are reasonable grounds to believe that it is not desirable, in
the interests of the safety of the person or any other person, for
the person to possess any weapon, prohibited device, ammunition,
prohibited ammunition or explosive substance, the peace officer may,
where the grounds 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 such thing, and any authorization, licence
or registration certificate relating to any such thing, that is held
by or in the possession of the person. |
|
(3) A
peace officer who executes a warrant referred to in subsection (1)
or who conducts a search without a warrant under subsection (2)
shall forthwith make a return to the justice who issued the warrant
or, if no warrant was issued, to a justice who might otherwise have
issued a warrant, showing
(a) in the case of an execution of
a warrant, the things or documents, if any, seized and the date of
execution of the warrant; and
(b) in the case of a search
conducted without a warrant, the grounds on which it was concluded
that the peace officer was entitled to conduct the search, and the
things or documents, if any, seized. |
Authorizations,
etc., revoked |
(4)
Where a peace officer who seizes any thing under subsection (1) or
(2) is unable at the time of the seizure to seize an authorization
or a licence under which the person from whom the thing was seized
may possess the thing and, in the case of a seized firearm, a
registration certificate for the firearm, every authorization,
licence and registration certificate held by the person is, as at
the time of the seizure, revoked.
1995,
c. 39, s. 139; 2004, c. 12, s. 3. |
|
117.05 (1)
Where any thing or document has been seized under subsection
117.04(1) or (2), the justice who issued the warrant authorizing the
seizure or, if no warrant was issued, a justice who might otherwise
have issued a warrant, shall, on application for an order for the
disposition of the thing or document so seized made by a peace
officer within thirty days after the date of execution of the
warrant or of the seizure without a 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. |
|
(2) A
justice may proceed ex parte
to hear and determine an application made under subsection (1) in
the absence of the person from whom the thing or document was seized
in the same circumstances as those in which a summary conviction
court may, under Part XXVII, proceed with a trial in the absence of
the defendant. |
|
(3) At
the hearing of an application made under subsection (1), the justice
shall hear all relevant evidence, including evidence respecting the
value of the thing in respect of which the application was
made. |
Forfeiture
and prohibition order on finding |
(4)
Where, following the hearing of an application made under subsection
(1), the justice finds that it is not desirable in the interests of
the safety of the person from whom the thing was seized or of any
other person that the person should possess any weapon, prohibited
device, ammunition, prohibited ammunition and explosive substance,
or any such thing, the justice shall
(a) order that any thing seized be
forfeited to Her Majesty or be otherwise disposed of; and
(b) where the justice is satisfied
that the circumstances warrant such an action, order that the
possession by that person of any weapon, prohibited device,
ammunition, prohibited ammunition and explosive substance, or of any
such thing, be prohibited during any period, not exceeding five
years, that is specified in the order, beginning on the making of
the order. |
|
(5)
Where a justice does not make an order under subsection (4), or
where a justice does make such an order but does not prohibit the
possession of all of the things referred to in that subsection, the
justice shall include in the record a statement of the justice’s
reasons. |
Application
of ss. 113 to 117 |
(6)
Sections 113 to 117 apply in respect of every order made under
subsection (4). |
|
(7)
Where a justice makes an order under subsection (4) in respect of a
person, or in respect of any thing that was seized from a person,
the person may appeal to the superior court against the
order. |
Appeal
by Attorney General |
(8)
Where a justice does not make a finding as described in subsection
(4) following the hearing of an application under subsection (1), or
makes the finding but does not make an order to the effect described
in paragraph (4)(b), the
Attorney General may appeal to the superior court against the
failure to make the finding or to make an order to the effect so
described. |
Application
of Part XXVII to appeals |
(9)
The provisions of Part XXVII, except sections 785 to 812, 816 to 819
and 829 to 838, apply in respect of an appeal made under subsection
(7) or (8) with such modifications as the circumstances require and
as if each reference in that Part to the appeal court were a
reference to the superior court.
1995,
c. 39, s. 139. |
|
117.06 (1)
Any thing or document seized pursuant to subsection 117.04(1) or (2)
shall be returned to the person from whom it was seized if
(a) no application is made under
subsection 117.05(1) within thirty days after the date of execution
of the warrant or of the seizure without a warrant, as the case may
be; or
(b) an application is made under
subsection 117.05(1) within the period referred to in paragraph
(a), and the justice does
not make a finding as described in subsection 117.05(4). |
Restoration
of authorizations |
(2)
Where, pursuant to subsection (1), any thing is returned to the
person from whom it was seized and an authorization, a licence or a
registration certificate, as the case may be, is revoked pursuant to
subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation
be reversed and that the authorization, licence or registration
certificate be restored.
1995,
c. 39, s. 139. |
|
|
|
117.07 (1)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no public officer is guilty of an offence under this
Act or the Firearms Act by
reason only that the public officer
(a) possesses a firearm, a
prohibited weapon, a restricted weapon, a prohibited device, any
prohibited ammunition or an explosive substance in the course of or
for the purpose of the public officer’s duties or employment;
(b) manufactures or transfers, or
offers to manufacture or transfer, a firearm, a prohibited weapon, a
restricted weapon, a prohibited device, any ammunition or any
prohibited ammunition in the course of the public officer’s duties
or employment;
(c) exports or imports a firearm, a
prohibited weapon, a restricted weapon, a prohibited device or any
prohibited ammunition in the course of the public officer’s duties
or employment;
(d) exports or imports a component
or part designed exclusively for use in the manufacture of or
assembly into an automatic firearm in the course of the public
officer’s duties or employment;
(e) in the course of the public
officer’s duties or employment, 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, discharging projectiles in
rapid succession during one pressure of the trigger;
(f) fails to report the loss, theft
or finding of any firearm, prohibited weapon, restricted weapon,
prohibited device, ammunition, prohibited ammunition or explosive
substance that occurs in the course of the public officer’s duties
or employment or the destruction of any such thing in the course of
the public officer’s duties or employment; or
(g) alters a serial number on a
firearm in the course of the public officer’s duties or
employment. |
Definition
of “public officer” |
(2) In
this section, “public officer” means
(a) a peace officer;
(b) a member of the Canadian Forces
or of the armed forces of a state other than Canada who is attached
or seconded to any of the Canadian Forces;
(c) an operator of a museum
established by the Chief of the Defence Staff or a person employed
in any such museum;
(d) a member of a cadet
organization under the control and supervision of the Canadian
Forces;
(e) a person training to become a
police officer or a peace officer under the control and supervision
of
(i) a
police force, or
(ii) a
police academy or similar institution designated by the Attorney
General of Canada or the lieutenant governor in council of a
province;
(f) a member of a visiting force,
within the meaning of section 2 of the Visiting Forces Act, who is
authorized under paragraph 14(a) of that Act to possess and
carry explosives, ammunition and firearms;
(g) a person, or member of a class
of persons, employed in the federal public administration or by the
government of a province or municipality who is prescribed to be a
public officer; or
(h) the Commissioner of Firearms,
the Registrar, a chief firearms officer, any firearms officer and
any person designated under section 100 of the Firearms Act.
1995,
c. 39, s. 139; 2003, c. 8, s. 7, c. 22, s. 224(E). |
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117.08
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual is guilty of an offence under this Act
or the Firearms Act by
reason only that the individual
(a) possesses a firearm, a
prohibited weapon, a restricted weapon, a prohibited device, any
prohibited ammunition or an explosive substance,
(b) manufactures or transfers, or
offers to manufacture or transfer, a firearm, a prohibited weapon, a
restricted weapon, a prohibited device, any ammunition or any
prohibited ammunition,
(c) exports or imports a firearm, a
prohibited weapon, a restricted weapon, a prohibited device or any
prohibited ammunition,
(d) exports or imports a component
or part designed exclusively for use in the manufacture of or
assembly into an automatic firearm,
(e) 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, discharging projectiles in
rapid succession during one pressure of the trigger,
(f) fails to report the loss, theft
or finding of any firearm, prohibited weapon, restricted weapon,
prohibited device, ammunition, prohibited ammunition or explosive
substance or the destruction of any such thing, or
(g) alters a serial number on a
firearm,
if the
individual does so on behalf of, and under the authority of, a
police force, the Canadian Forces, a visiting force, within the
meaning of section 2 of the Visiting Forces Act, or a
department of the Government of Canada or of a province.
1995,
c. 39, s. 139. |
|
117.09 (1)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual who is the holder of a licence to
possess and acquire restricted firearms and who is employed by a
business as defined in subsection 2(1) of the Firearms Act that itself is the
holder of a licence that authorizes the business to carry out
specified activities in relation to prohibited firearms, prohibited
weapons, prohibited devices or prohibited ammunition is guilty of an
offence under this Act or the Firearms Act by reason only that
the individual, in the course of the individual’s duties or
employment in relation to those specified activities,
(a) possesses a prohibited firearm,
a prohibited weapon, a prohibited device or any prohibited
ammunition;
(b) manufactures or transfers, or
offers to manufacture or transfer, a prohibited weapon, a prohibited
device or any prohibited ammunition;
(c) 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, discharging projectiles in
rapid succession during one pressure of the trigger; or
(d) alters a serial number on a
firearm. |
Employees
of business with licence |
(2)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual who is employed by a business as
defined in subsection 2(1) of the Firearms Act that itself is the
holder of a licence is guilty of an offence under this Act or the
Firearms Act by reason only
that the individual, in the course of the individual’s duties or
employment, possesses, manufactures or transfers, or offers to
manufacture or transfer, a partially manufactured barrelled weapon
that, in its unfinished state, is not a 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. |
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(3)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual who is employed by a carrier, as
defined in subsection 2(1) of the Firearms Act, is guilty of an
offence under this Act or that Act by reason only that the
individual, in the course of the individual’s duties or employment,
possesses any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition or prohibited ammunition or
transfers, or offers to transfer any such thing. |
Employees
of museums handling functioning imitation antique
firearm |
(4)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual who is employed by a museum as defined
in subsection 2(1) of the Firearms
Act that itself is the holder of a licence is guilty of an
offence under this Act or the Firearms Act by reason only that
the individual, in the course of the individual’s duties or
employment, possesses or transfers a firearm that is designed or
intended to exactly resemble, or to resemble with near precision, an
antique firearm if the individual has been trained to handle and use
such a firearm. |
Employees
of museums handling firearms generally |
(5)
Notwithstanding any other provision of this Act, but subject to
section 117.1, no individual who is employed by a museum as defined
in subsection 2(1) of the Firearms
Act that itself is the holder of a licence is guilty of an
offence under this Act or the Firearms Act by reason only that
the individual possesses or transfers a firearm in the course of the
individual’s duties or employment if the individual is designated,
by name, by a provincial minister within the meaning of subsection
2(1) of the Firearms
Act. |
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(6) A
provincial minister shall not designate an individual for the
purpose of subsection (5) where it is not desirable, in the
interests of the safety of any person, to designate the
individual. |
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(7) A
provincial minister may attach to a designation referred to in
subsection (5) any reasonable condition that the provincial minister
considers desirable in the particular circumstances and in the
interests of the safety of any person.
1995,
c. 39, s. 139. |
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117.1
Sections 117.07 to 117.09 do not apply if the public officer or the
individual is subject to a prohibition order and acts contrary to
that order or to an authorization or a licence issued under the
authority of an order made under subsection 113(1).
1995,
c. 39, s. 139. |
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|
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117.11 Where,
in any proceedings for an offence under any of sections 89, 90, 91,
93, 97, 101, 104 and 105, any question arises as to whether a person
is the holder of an authorization, a licence or a registration
certificate, the onus is on the accused to prove that the person is
the holder of the authorization, licence or registration
certificate.
1995,
c. 39, s. 139. |
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117.12 (1) In
any proceedings under this Act or any other Act of Parliament, a
document purporting to be an authorization, a licence or a
registration certificate is evidence of the statements contained
therein. |
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(2) In
any proceedings under this Act or any other Act of Parliament, a
copy of any authorization, licence or registration certificate is,
if certified as a true copy by the Registrar or a chief firearms
officer, admissible in evidence and, in the absence of evidence to
the contrary, has the same probative force as the authorization,
licence or registration certificate would have had if it had been
proved in the ordinary way.
1995,
c. 39, s. 139. |
|
117.13 (1) A
certificate purporting to be signed by an analyst stating that the
analyst has analyzed any weapon, prohibited device, ammunition,
prohibited ammunition or explosive substance, or any part or
component of such a thing, and stating the results of the analysis
is evidence in any proceedings in relation to any of those things
under this Act or under section 19 of the Export and Import Permits Act in
relation to subsection 15(2) of that Act without proof of the
signature or official character of the person appearing to have
signed the certificate. |
|
(2)
The party against whom a certificate of an analyst is produced may,
with leave of the court, require the attendance of the analyst for
the purposes of cross-examination. |
Notice
of intention to produce certificate |
(3) No
certificate of an analyst may be admitted in evidence unless the
party intending to produce it has, before the trial, given to the
party against whom it is intended to be produced reasonable notice
of that intention together with a copy of the certificate. |
|
(4)
For the purposes of this Act, service of a certificate of an analyst
may be proved by oral evidence given under oath by, or by the
affidavit or solemn declaration of, the person claiming to have
served it. |
Attendance
for examination |
(5)
Notwithstanding subsection (4), 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.
1995,
c. 39, s. 139. |
|
117.14 (1)
The Governor in Council may, by order, declare for any purpose
referred to in subsection (2) any period as an amnesty period with
respect to any weapon, prohibited device, prohibited ammunition,
explosive substance or component or part designed exclusively for
use in the manufacture of or assembly into an automatic
firearm. |
Purposes
of amnesty period |
(2) An
order made under subsection (1) may declare an amnesty period for
the purpose of
(a) permitting any person in
possession of any thing to which the order relates to do anything
provided in the order, including, without restricting the generality
of the foregoing, delivering the thing to a peace officer, a
firearms officer or a chief firearms officer, registering it,
destroying it or otherwise disposing of it; or
(b) permitting alterations to be
made to any prohibited firearm, prohibited weapon, prohibited device
or prohibited ammunition to which the order relates so that it no
longer qualifies as a prohibited firearm, a prohibited weapon, a
prohibited device or prohibited ammunition, as the case may
be. |
Reliance
on amnesty period |
(3) No
person who, during an amnesty period declared by an order made under
subsection (1) and for a purpose described in the order, does
anything provided for in the order, is, by reason only of the fact
that the person did that thing, guilty of an offence under this
Part. |
Proceedings
are a nullity |
(4)
Any proceedings taken under this Part against any person for
anything done by the person in reliance of this section are a
nullity.
1995,
c. 39, s. 139. |
|
117.15 (1)
Subject to subsection (2), the Governor in Council may make
regulations prescribing anything that by this Part is to be or may
be prescribed. |
|
(2) In
making regulations, the Governor in Council may not prescribe any
thing to be a prohibited firearm, a restricted firearm, a prohibited
weapon, a restricted weapon, a prohibited device or prohibited
ammunition if, in the opinion of the Governor in Council, the thing
to be prescribed is reasonable for use in Canada for hunting or
sporting purposes.
1995,
c. 39, s. 139. |
|
PART
IV
OFFENCES AGAINST THE
ADMINISTRATION OF LAW AND JUSTICE |
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|
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118. In this
Part, |
“evidence” or “statement”
« témoignage », « déposition » ou « déclaration » |
“evidence” or “statement”
means an assertion of fact, opinion, belief or knowledge, whether
material or not and whether admissible or not; |
“government”
« gouvernement » |
“government” means
(a) the Government of Canada,
(b) the government of a province,
or
(c) Her Majesty in right of Canada
or a province; |
“judicial proceeding”
« procédure
judiciaire » |
“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,
provincial court judge 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; |
“office”
« charge » ou « emploi » |
“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; |
“official”
« fonctionnaire » |
“official” means a person
who
(a) holds an office, or
(b) is appointed to discharge a
public duty; |
|
“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.), ss. 15,
203. |
|
Corruption
and Disobedience |
|
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. |
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. 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)
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. |
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. |
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(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. |
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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)
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. |
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. |
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. 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. 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)
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. |
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)
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
(a) an indictable offence and
liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on
summary conviction. |
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);
2005, c. 32, s. 1. |
|
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. 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. 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. |
|
|
|
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. |
|
(1.1)
Subject to subsection (3), every person who gives evidence under
subsection 46(2) of the Canada
Evidence Act, or gives evidence or a statement pursuant to an
order made under section 22.2 of the Mutual Legal Assistance in Criminal
Matters Act, commits perjury who, with intent to mislead,
makes a false statement knowing that it is false, whether or not the
false statement was made under oath or solemn affirmation in
accordance with subsection (1), so long as the false statement was
made in accordance with any formalities required by the law of the
place outside Canada in which the person is virtually present or
heard. |
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(2)
Subsection (1) applies, whether or not a statement referred to in
that subsection is made in a judicial proceeding. |
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(3)
Subsections (1) and (1.1) do not apply to a statement referred to in
either of those subsections 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; 1999,
c. 18, s. 92. |
|
132. Every
one who commits perjury is guilty of an indictable offence and
liable to imprisonment for a term not exceeding fourteen years.
R.S.,
1985, c. C-46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998,
c. 35, s. 119. |
|
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)
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. |
|
(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)
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 provincial court judge, 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. |
Evidence
in specific cases |
(1.1)
Evidence given under section 714.1, 714.2, 714.3 or 714.4 or under
subsection 46(2) of the Canada
Evidence Act or evidence or a statement given pursuant to an
order made under section 22.2 of the Mutual Legal Assistance in Criminal
Matters Act is deemed to be evidence given by a witness in a
judicial proceeding for the purposes of subsection (1). |
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(2)
Notwithstanding the definition “evidence” in section 118,
“evidence”, for the purposes of this section, does not include
evidence that is not material. |
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(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. |
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(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.), ss. 18, 203;
1999, c. 18, s. 93. |
|
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. 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)
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. |
|
(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. |
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(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)
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. |
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(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)
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. |
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. 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. 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. |
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|
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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)
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. |
|
(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. |
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. |
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. |
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 or another peace officer, 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, 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. |
Failure
to comply with conditions of undertaking |
(5.1)
Every person who, without lawful excuse, the proof of which lies on
the person, fails to comply with any condition of an undertaking
entered into pursuant to subsection 499(2) or 503(2.1)
(a) is guilty of an indictable
offence and is liable to imprisonment for a term not exceeding two
years; or
(b) is guilty of an offence
punishable on summary conviction. |
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(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] |
Election
of Crown under Contraventions
Act |
(8)
For the purposes of subsections (3) to (5), it is a lawful excuse to
fail to comply with a condition of an undertaking or recognizance or
to fail to appear at a time and place stated in a summons, an
appearance notice, a promise to appear or a recognizance for the
purposes of the Identification of
Criminals Act if before the failure the Attorney General,
within the meaning of the Contraventions Act, makes an
election under section 50 of that Act. |
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 or another peace officer, 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. |
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. |
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; 1992,
c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s.
3. |
|
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. 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. 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)
Notwithstanding section 743.1, a court that convicts a person for an
escape committed while undergoing imprisonment may order that the
term of imprisonment be served in a penitentiary, even if the time
to be served is less than two years. |
|
(2) In
this section, “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; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992,
c. 20, s. 199; 1995, c. 22, s. 1. |
|
PART
V
SEXUAL OFFENCES, PUBLIC
MORALS AND DISORDERLY CONDUCT |
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150. In this
Part, |
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“guardian” includes any
person who has in law or in fact the custody or control of another
person; |
“public place”
« endroit public » |
“public place” includes
any place to which the public have access as of right or by
invitation, express or implied; |
|
“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. |
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|
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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. |
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(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 not in a position of trust
or authority towards the complainant, is not a person with whom the
complainant is in a relationship of dependency and is not in a
relationship with the complainant that is exploitative of the
complainant. |
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, is a
person with whom the complainant is in a relationship of dependency
or is in a relationship with the complainant that is exploitative of
the complainant. |
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(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. |
|
(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; 2005, c. 32, s. 2. |
|
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
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of
forty-five days; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding eighteen months and to a minimum punishment of
imprisonment for a term of fourteen days.
R.S.,
1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c.
32, s. 3. |
|
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,
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of
forty-five days; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding eighteen months and to a minimum punishment of
imprisonment for a term of fourteen days.
R.S.,
1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c.
32, s. 3. |
|
153. (1)
Every person commits an offence who is in a position of trust or
authority towards a young person, who is a person with whom the
young person is in a relationship of dependency or who is in a
relationship with a young person that is exploitative of the young
person, 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. |
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(1.1)
Every person who commits an offence under subsection (1)
(a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten
years and to a minimum punishment of imprisonment for a term of
forty-five days; or
(b) is guilty of an offence
punishable on summary conviction and liable to imprisonment for a
term not exceeding eighteen months and to a minimum punishment of
imprisonment for a term of fourteen days. |
Inference
of sexual exploitation |
(1.2)
A judge may infer that a person is in a relationship with a young
person that is exploitative of the young person from the nature and
circumstances of the relationship, including
(a) the age of the young
person;
(b) the age difference between the
person and the young person;
(c) the evolution of the
relationship; and
(d) the degree of control or
influence by the person over the young person. |
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; 2005, c.
32, s. 4. |
|
153.1 (1)
Every person who is in a position of trust or authority towards a
person with a mental or physical disability or who is a person with
whom a person with a mental or physical disability is in a
relationship of dependency and who, for a sexual purpose, counsels
or incites that person to touch, without that person’s consent, his
or her own body, the body of the person who so counsels or incites,
or the body of any other person, directly or indirectly, with a part
of the body or with an object, 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. |
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(2)
Subject to subsection (3), “consent” means, for the purposes of this
section, the voluntary agreement of the complainant to engage in the
sexual activity in question. |
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(3) No
consent is obtained, for the purposes of this section, if
(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 counsels or incites
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. |
Subsection
(3) not limiting |
(4)
Nothing in subsection (3) shall be construed as limiting the
circumstances in which no consent is obtained. |
When
belief in consent not a defence |
(5) It
is not a defence to a charge under this section that the accused
believed that the complainant consented to the activity that forms
the subject-matter of the charge if
(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. |
Accused’s
belief as to consent |
(6) If
an accused alleges that he or she 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.
1998,
c. 9, s. 2. |
|
154.
[Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1] |
|
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. |
|
(2)
Every one who commits incest is guilty of an indictable offence and
liable to imprisonment for a term not exceeding fourteen
years. |
|
(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. |
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)
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. |
|
(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. |
|
(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)
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. |
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. |
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) When
an offender is convicted, or is discharged on the conditions
prescribed in a probation order under section 730, of an offence
referred to in subsection (1.1) 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;
(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; or
(c) using a computer system within
the meaning of subsection 342.1(2) for the purpose of communicating
with a person under the age of fourteen years. |
|
(1.1)
The offences for the purpose of subsection (1) are
(a) an offence under section 151,
152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171
or 172.1, subsection 173(2) or section 271, 272, 273 or 281;
(b) an offence under section 144
(rape), 145 (attempt to commit rape), 149 (indecent assault on
female), 156 (indecent assault on male) or 245 (common assault) or
subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the
Revised Statutes of Canada, 1970, as it read immediately before
January 4, 1983; or
(c) an offence under subsection
146(1) (sexual intercourse with a female under 14) or section 153
(sexual intercourse with step-daughter), 155 (buggery or
bestiality), 157 (gross indecency), 166 (parent or guardian
procuring defilement) or 167 (householder permitting defilement) of
the Criminal Code, chapter
C-34 of the Revised Statutes of Canada, 1970, as it read immediately
before January 1, 1988. |
|
(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. |
|
(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. |
|
(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; 1995, c. 22, s. 18; 1997, c. 18, s. 4; 1999, c. 31, s. 67;
2002, c. 13, s. 4; 2005, c. 32, s. 5. |
|
162. (1)
Every one commits an offence who, surreptitiously, observes —
including by mechanical or electronic means — or makes a visual
recording of a person who is in circumstances that give rise to a
reasonable expectation of privacy, if
(a) the person is in a place in
which a person can reasonably be expected to be nude, to expose his
or her genital organs or anal region or her breasts, or to be
engaged in explicit sexual activity;
(b) the person is nude, is exposing
his or her genital organs or anal region or her breasts, or is
engaged in explicit sexual activity, and the observation or
recording is done for the purpose of observing or recording a person
in such a state or engaged in such an activity; or
(c) the observation or recording is
done for a sexual purpose. |
Definition
of “visual recording” |
(2) In
this section, “visual recording” includes a photographic, film or
video recording made by any means. |
|
(3)
Paragraphs (1)(a) and (b) do not apply to a peace officer
who, under the authority of a warrant issued under section 487.01,
is carrying out any activity referred to in those
paragraphs. |
Printing,
publication, etc., of voyeuristic recordings |
(4)
Every one commits an offence who, knowing that a recording was
obtained by the commission of an offence under subsection (1),
prints, copies, publishes, distributes, circulates, sells,
advertises or makes available the recording, or has the recording in
his or her possession for the purpose of printing, copying,
publishing, distributing, circulating, selling or advertising it or
making it available. |
|
(5)
Every one who commits an offence under subsection (1) or (4)
(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. |
|
(6) No
person shall be convicted of an offence under this section if the
acts that are alleged to constitute the offence serve the public
good and do not extend beyond what serves the public good. |
|
(7)
For the purposes of subsection (6),
(a) it is a question of law whether
an act serves the public good and whether there is evidence that the
act alleged goes beyond what serves the public good, but it is a
question of fact whether the act does or does not extend beyond what
serves the public good; and
(b) the motives of an accused are
irrelevant.
R.S.,
1985, c. C-46, s. 162; R.S., 1985, c. 19 (3rd Supp.), s. 4; 2005, c.
32, s. 6. |
|
Offences
Tending to Corrupt 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. |
|
(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. |
|
(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. |
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. |
|
(5)
For the purposes of this section, the motives of an accused are
irrelevant.
(6)
[Repealed, 1993, c. 46, s. 1] |
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. |
|
(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) 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;
(b) any written material, visual
representation or audio recording that advocates or counsels sexual
activity with a person under the age of eighteen years that would be
an offence under this Act;
(c) any written material whose
dominant characteristic is the description, for a sexual purpose, of
sexual activity with a person under the age of eighteen years that
would be an offence under this Act; or
(d) any audio recording that has as
its dominant characteristic the description, presentation or
representation, for a sexual purpose, of sexual activity with a
person under the age of eighteen years that would be an offence
under this Act. |
|
(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 and to a
minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on
summary conviction and liable to imprisonment for a term not
exceeding eighteen months and to a minimum punishment of
imprisonment for a term of ninety days. |
Distribution,
etc. of child pornography |
(3)
Every person who transmits, makes available, distributes, sells,
advertises, imports, exports or possesses for the purpose of
transmission, making available, distribution, sale, advertising or
exportation any child pornography is guilty of
(a) an indictable offence and
liable to imprisonment for a term not exceeding ten years and to a
minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on
summary conviction and liable to imprisonment for a term not
exceeding eighteen months and to a minimum punishment of
imprisonment for a term of ninety days. |
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 and to a
minimum punishment of imprisonment for a term of forty-five days;
or
(b) an offence punishable on
summary conviction and liable to imprisonment for a term not
exceeding eighteen months and to a minimum punishment of
imprisonment for a term of fourteen days. |
Accessing
child pornography |
(4.1)
Every person who accesses any child pornography is guilty of
(a) an indictable offence and
liable to imprisonment for a term not exceeding five years and to a
minimum punishment of imprisonment for a term of forty-five days;
or
(b) an offence punishable on
summary conviction and liable to imprisonment for a term not
exceeding eighteen months and to a minimum punishment of
imprisonment for a term of fourteen days. |
|
(4.2)
For the purposes of subsection (4.1), a person accesses child
pornography who knowingly causes child pornography to be viewed by,
or transmitted to, himself or herself. |
|
(4.3)
If a person is convicted of an offence under this section, the court
that imposes the sentence shall consider as an aggravating factor
the fact that the person committed the offence with intent to make a
profit. |
|
(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. |
|
(6) No
person shall be convicted of an offence under this section if the
act that is alleged to constitute the offence
(a) has a legitimate purpose
related to the administration of justice or to science, medicine,
education or art; and
(b) does not pose an undue risk of
harm to persons under the age of eighteen years. |
|
(7)
For greater certainty, for the purposes of this section, it is a
question of law whether any written material, visual representation
or audio recording advocates or counsels sexual activity with a
person under the age of eighteen years that would be an offence
under this Act.
1993,
c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7. |
|
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,
(
b) any representation,
written material or recording, copies of which are kept in premises
within the jurisdiction of the court, is child pornography within
the meaning of section 163.1, or
(
c) any recording, copies of
which are kept for sale or distribution in premises within the
jurisdiction of the court, is a voyeuristic recording,
may
issue a warrant authorizing seizure of the copies. |
|
(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. |
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, child pornography or a
voyeuristic recording, may appear and be represented in the
proceedings in order to oppose the making of an order for the
forfeiture of the matter. |
|
(4) If
the court is satisfied, on a balance of probabilities, that the
publication, representation, written material or recording referred
to in subsection (1) is obscene, a crime comic, child pornography or
a voyeuristic recording, it may 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. |
|
(5) If
the court is not satisfied that the publication, representation,
written material or recording referred to in subsection (1) is
obscene, a crime comic, child pornography or a voyeuristic
recording, it shall order that the matter be restored to the person
from whom it was seized without delay after the time for final
appeal has expired. |
|
(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. |
|
(7) If
an order is made under this section by a judge in a province with
respect to one or more copies of a publication, a representation,
written material or a recording, no proceedings shall be instituted
or continued in that province under section 162, 163 or 163.1 with
respect to those or other copies of the same publication,
representation, written material or recording without the consent of
the Attorney General. |
|
(8) In
this section, |
|
“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 Superior Court of Justice,
(
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, in Yukon and in the Northwest
Territories, the Supreme Court, and
(
e) in Nunavut, the Nunavut
Court of Justice; |
“crime comic”
« histoire illustrée de
crime » |
“crime
comic” has the same meaning as in section 163; |
|
“judge” means a judge of a
court. |
“voyeuristic recording”
« enregistrement
voyeuriste » |
“voyeuristic recording”
means a visual recording within the meaning of subsection 162(2)
that is made as described in subsection 162(1).
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; 1997, c. 18, s. 5; 1998, c. 30,
s. 14; 1999, c. 3, s. 27; 2002, c. 7, s. 139, c. 13, s. 6; 2005, c.
32, s. 8. |
|
164.1 (1) If
a judge is satisfied by information on oath that there are
reasonable grounds to believe that there is material — namely child
pornography within the meaning of section 163.1, a voyeuristic
recording within the meaning of subsection 164(8) or data within the
meaning of subsection 342.1(2) that makes child pornography or a
voyeuristic recording available — that is stored on and made
available through a computer system within the meaning of subsection
342.1(2) that is within the jurisdiction of the court, the judge may
order the custodian of the computer system to
(a) give an electronic copy of the
material to the court;
(b) ensure that the material is no
longer stored on and made available through the computer system;
and
(c) provide the information
necessary to identify and locate the person who posted the
material. |
Notice
to person who posted the material |
(2)
Within a reasonable time after receiving the information referred to
in paragraph (1)(c), the
judge shall cause notice to be given to the person who posted the
material, giving that person the opportunity to appear and be
represented before the court, and show cause why the material should
not be deleted. If the person cannot be identified or located or
does not reside in Canada, the judge may order the custodian of the
computer system to post the text of the notice at the location where
the material was previously stored and made available, until the
time set for the appearance. |
Person
who posted the material may appear |
(3)
The person who posted the material may appear and be represented in
the proceedings in order to oppose the making of an order under
subsection (5). |
|
(4) If
the person who posted the material does not appear for the
proceedings, the court may proceed ex parte to hear and determine the
proceedings in the absence of the person as fully and effectually as
if the person had appeared. |
|
(5) If
the court is satisfied, on a balance of probabilities, that the
material is child pornography within the meaning of section
163.1, a voyeuristic recording within the meaning of subsection
164(8) or data within the meaning of subsection 342.1(2) that makes
child pornography or the voyeuristic recording available, it may
order the custodian of the computer system to delete the
material. |
|
(6)
When the court makes the order for the deletion of the material, it
may order the destruction of the electronic copy in the court’s
possession. |
|
(7) If
the court is not satisfied that the material is child pornography
within the meaning of section 163.1, a voyeuristic recording within
the meaning of subsection 164(8) or data within the meaning of
subsection 342.1(2) that makes child pornography or the voyeuristic
recording available, the court shall order that the electronic copy
be returned to the custodian and terminate the order under paragraph
(1)(b). |
Other
provisions to apply |
(8)
Subsections 164(6) to (8) apply, with any modifications that the
circumstances require, to this section. |
|
(9) No
order made under subsections (5) to (7) takes effect until the time
for final appeal has expired.
2002,
c. 13, s. 7; 2005, c. 32, s. 9. |
|
164.2 (1) On
application of the Attorney General, a court that convicts a person
of an offence under section 163.1, in addition to any other
punishment that it may impose, may order that any thing — other than
real property — be forfeited to Her Majesty and disposed of as the
Attorney General directs if it is satisfied, on a balance of
probabilities, that the thing
(a) was used in the commission of
the offence; and
(b) is the property of
(i)
the convicted person or another person who was a party to the
offence, or
(ii) a
person who acquired the thing from a person referred to in
subparagraph (i) under circumstances that give rise to a reasonable
inference that it was transferred for the purpose of avoiding
forfeiture. |
|
(2)
Before making an order under subsection (1), the court shall cause
notice to be given to, and may hear, any person whom it considers to
have an interest in the thing, and may declare the nature and extent
of the person’s interest in it. |
Right
of appeal — third party |
(3) A
person who was heard in response to a notice given under subsection
(2) may appeal to the court of appeal against an order made under
subsection (1). |
Right
of appeal — Attorney General |
(4)
The Attorney General may appeal to the court of appeal against the
refusal of a court to make an order under subsection (1). |
|
(5)
Part XXI applies, with any modifications that the circumstances
require, with respect to the procedure for an appeal under
subsections (3) and (4).
2002,
c. 13, s. 7. |
|
164.3 (1)
Within thirty days after an order under subsection 164.2(1) is made,
a person who claims an interest in the thing forfeited may apply in
writing to a judge for an order under subsection (4). |
|
(2)
The judge shall fix a day — not less than thirty days after the
application is made — for its hearing. |
Notice
to Attorney General |
(3) At
least fifteen days before the hearing, the applicant shall cause
notice of the application and of the hearing day to be served on the
Attorney General. |
|
(4)
The judge may make an order declaring that the applicant’s interest
in the thing is not affected by the forfeiture and declaring the
nature and extent of the interest if the judge is satisfied that the
applicant
(a) was not a party to the offence;
and
(b) did not acquire the thing from
a person who was a party to the offence under circumstances that
give rise to a reasonable inference that it was transferred for the
purpose of avoiding forfeiture. |
Appeal
to court of appeal |
(5) A
person referred to in subsection (4) or the Attorney General may
appeal to the court of appeal against an order made under that
subsection. Part XXI applies, with any modifications that the
circumstances require, with respect to the procedure for an appeal
under this subsection. |
Powers
of Attorney General |
(6) On
application by a person who obtained an order under subsection (4),
made after the expiration of the time allowed for an appeal against
the order and, if an appeal is taken, after it has been finally
disposed of, the Attorney General shall direct that
(a) the thing be returned to the
person; or
(b) an amount equal to the value of
the extent of the person’s interest, as declared in the order, be
paid to the person.
2002,
c. 13, s. 7. |
|
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)
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. |
|
(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. (1)
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. |
|
(2)
Subsection (1) does not apply to a person who
(a) prints or publishes any matter
for use in connection with any judicial proceedings or communicates
it to persons who are concerned in the proceedings;
(b) prints or publishes a notice or
report under the direction of a court; or
(c) prints or publishes any
matter
(i) in
a volume or part of a genuine series of law reports that does not
form part of any other publication and consists solely of reports of
proceedings in courts of law, or
(ii)
in a publication of a technical character that is intended, in good
faith, for circulation among members of the legal or medical
profession.
R.S.,
1985, c. C-46, s. 168; 1999, c. 5, s. 2. |
|
169. Every
one who commits an offence under section 163, 165, 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.,
1985, c. C-46, s. 169; 1999, c. 5, s. 3. |
|
170. Every
parent or guardian of a person under the age of eighteen years who
procures the 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
(a) to imprisonment for a term not
exceeding five years and to a minimum punishment of imprisonment for
a term of six months if the person procured is under the age of
fourteen years; or
(b) to imprisonment for a term not
exceeding two years and to a minimum punishment of imprisonment for
a term of forty-five days if the person 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; 2005, c.
32, s. 9.1. |
|
171. Every
owner, occupier or manager of premises, or any 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
(a) to imprisonment for a term not
exceeding five years |